Introduction
Trials (and final hearings) are the culmination of months or, most likely, years of meticulous legal work. Such multifaceted events require comprehensive planning and coordination often weeks and months in advance of the hearing itself. Anyone who has been involved in such preparation will no doubt agree, that trials take countless days and hours to pull together and are fraught with challenges.
Following on from our “5 ways a legal project manager can help with disclosure”, in this article we explore how legal project management (LPM) and LPM techniques, play a crucial role in helping legal teams prepare and organise their matters for trial.
Challenges in trial preparation
Some of the challenges routinely faced by legal teams include:
- how to manage and organise vast amounts of documents;
- how to coordinate lawyers, experts, witnesses, and clients to the right place, at the right time;
- deadline and timescale management;
- costs management; and
- ensuring the right technology is set up for remote attendances (such as witness or expert evidence from a different location).
5 Ways legal project management can help
LPM provides a structured approach to managing these challenges. LPM can enhance logistics and preparation by:
1. Comprehensive Planning
LPM starts with a detailed planning phase, which is essential for the smooth delivery of trials and hearings. This involves:
- Task breakdown: often using a ‘kanban board’, a legal project manager will break down the process into manageable tasks and milestones;
- Timeline creation: establishing a trial timetable whether this spans 3 days or 3 weeks, a legal project manager will determine who is at trial which day, who is attending remotely and who is continuing work at the office or supporting clients or proof checking a transcript;
- Resource planning: a legal project manager will help identify and allocate resources, including personnel, technology, and materials.
2. Coordination and communication with multiple stakeholders
Scheduling and coordination are crucial for ensuring all parties are prepared and present when needed at the hearings or trial. LPMs help by:
- Liaising with travel teams: to coordinate hotels and travel. An LPM will ensure everything is suitable for the legal team’s needs (taking into account proximity to the hearing venue, meeting room availability, technology needs and on-the-ground support);
- Flagging any visa and jurisdictional entry requirements: LPMs can help ensure any requirements are processed promptly.
- Tiger teams: an LPM will often initiate a smaller “tiger-team” of specialists which may include:
- IT/technology (if the hearing is also being live-streamed);
- hospitality (so that comfort breaks and lunch are available and ready-to-go ensuring the legal team can focus on the core case);
- resourcing (if case-runners and ad-hoc requirements arise such as the need to print previously undisclosed documents or duplicate copies for last minute attendees); and
- admin teams (who can ensure the bundles are properly tagged and bound.)
3. Cost Management
Alongside disclosure, trials are often one of the most expensive phases of a case. LPMs deploy cost management by:
- Cost estimates: Using detailed “working break-down structures (WBS)” alongside historical data, and comparable cases, LPMs can forecast trial costs accurately, taking into account known, as well as unknown, risks:
- Budget monitoring: LPMS will ensure the budget is monitored and updated regularly; tracking legal spend to budget in real-time. They will undertake a “variance analysis”, comparing actual costs to budget, interrogate overspend and offer billing transparency. Using “data visualisations” or “pictograms” such as a dashboard, LPMs will show budget to spend in clear terms providing transparency to clients and the legal team on costs;
- Resource management: using lower-cost resources such as junior associates or paralegals where necessary, ensures efficient trial cost management.
4. Resource Allocation and Management
LPMs ensure that all necessary resources are available and efficiently utilised. This includes:
- Team allocation: Assigning tasks based on team members’ expertise and availability. This ensures that the right team members are working on the right tasks, at the right time, improving efficiency and reducing time and costs;
- Technology: Leveraging technology for document management, evidence presentation, and virtual coordination. This ensures all necessary documents are easily accessible and organised;
- Material preparation: Ensuring all physical and digital materials are prepared and ready for use in the trial or hearing; and
- Contingency planning: Preparing backup plans for potential scheduling conflicts or unexpected changes, allowing the legal team to pivot more quickly should the hearing or trial change.
5. Risk Management
Identifying and mitigating risks is a core component of legal project management. In the case of trial and hearing logistics, this can involve:
- Tracking: an LPM will horizon scan for gaps in resources, taking into account the legal teams availability, annual leave, secondments and also jurisdictional holiday differences and events to ensure there are no disruptions to the hearing preparations and listing window. By over-laying holiday/time off with the timeline tracker, the LPM team will help mitigate risk months before it occurs;
- Mitigation strategies: Developing strategies to mitigate risks, including having backup plans and alternative resources. This means that risks can be identified early and addressed before they become bigger issues;
Conclusion
Legal project management techniques are an essential tool for enhancing trial and hearing logistics and preparation. By applying LPM principles, legal teams can navigate the complexities of trial preparation with greater efficiency, effectiveness and ease. These techniques enable teams to meticulously plan, coordinate and monitor every aspect of the trial process, from initial case assessment to final arguments, improving communications and reducing the risk or errors or oversights.
With legal matters becoming increasingly more complex, cross jurisdictional and multi-party, the importance of LPM in trial and hearing preparation will only increase, making it a must-have resource for legal professionals.