Digital strategy management
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Successful Agile despite lawyers
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Digital strategy management
- 1. Successful Agile Despite Lawyers Digital Strategy Management
- 2. Digital Strategy Management ¦ 15 September 2016 Agenda • what is Agile? • legal issues • flexible contracts • commercial challenges • barriers to Agile • benefits of Agile
- 3. Digital Strategy Management ¦ 15 September 2016 Sequential v Iterative Delivery
- 4. Digital Strategy Management ¦ 15 September 2016 Sequential v Iterative Delivery Delivery Delivery Delivery Delivery
- 5. Digital Strategy Management ¦ 15 September 2016 Legal issues • lawyers like certainty: outcome, cost, time, etc • features specified “up front” • “Cone of Uncertainty” • silo mentality • “Lose-Lose” contracts
- 6. Digital Strategy Management ¦ 15 September 2016 Charges & cost certainty Relativerangeofcostestimate x4 x2 x2 x4 Requirements Detailed Design Product Build
- 7. Digital Strategy Management ¦ 15 September 2016 Legal certainties • lawyers like certainty: outcome, cost, time, etc • features specified “up front” • “Cone of Uncertainty” • silo mentality • “Lose-Lose” contracts
- 8. Digital Strategy Management ¦ 15 September 2016 Flexible contracts • collaborative • adaptive • recognises change • outcomes orientated • requires cultural change
- 9. Digital Strategy Management ¦ 15 September 2016 Commercial Challenges • Preserving balance between flexibility and certainty • Agreement on scope • Collaboration o employee empowerment o IP ownership • Risk and liability • Consequences of interim acceptance • Governance and control measures o performance monitoring – velocity, cadence, etc o quality control • Commercial models – controlling the cost
- 10. Digital Strategy Management ¦ 15 September 2016 Barriers to Agile • Requirement for legal certainty • Myths o lack of financial control o uncertainty of outcome • Lack of commercial models o Norwegian PS-2000 contract o Dutch K03 contract o GDS DOS o DSDM Agile Framework Template • Need for cultural change
- 11. Digital Strategy Management ¦ 15 September 2016 Benefits of Agile • Faster, better, cheaper?
- 12. Digital Strategy Management ¦ 15 September 2016 Questions? Stewart James Partner s.james@ashfords.co.uk +44 (0)7813 019002
Editor's Notes
- Looking at pricing issues – first problem is the ability to give detailed estimates Accuracy long-term estimates Compounding effect of events
- Speaking as a lawyer – the biggest barrier to the use of Agile seems to be the lawyers Lawyers are trained to look for the things in a project that can go wrong and to allocate risk accordingly lawyers are conservative – and advise conservatively Want to create outcome certain Myths Agile lacks the certainties lawyers seek to create Biggest myths Lack of financial control - Agile only suitable for small projects or internal projects Lack of specification – leads to uncertainty of outcome Lack of commercial models means no tried & tested examples to work from Also need for cultural change => resistance First reaction to change is resist it Collaboration => lack clarity over who bears risk if something goes wrong However – other areas of law manage eg H&S allocates responsibility for risk to roles Historically, contracts based on engineering & construction templates Because Lawyers are conservative prefer to use precedent where available Creates predictability Avoids litigation These follow sequential process or “waterfall”