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Where workflows are the “what” of eDiscovery, defined roles are the “who.” Workflows don’t work themselves. They require people to execute the work tasks. The roles of the people designated to perform the work in the workflow have just as much impact as the steps and sequencing. Roles and responsibilities are a significant piece of the eDiscovery puzzle.

Staffing structures in law firms need to align with the firm’s strategic goals and objectives. Some firms in-source all eDiscovery (collection, processing, managed review, and production). Some firms outsource eDiscovery. Many firms work under a hybrid model. In a managed services environment, regardless of the model your firm chooses, figure out at the beginning who will be responsible for what and reinforce that model with every decision point, issue and opportunity for improvement. 

Integrating experienced and seasoned eDiscovery professionals with a managed services model can create an environment of optimal efficiency and value. It’s true that managed services models are relatively new to eDiscovery, but eDiscovery itself is old enough to have generated some extremely knowledgeable and experienced practitioners. You can find these individuals on  processing teams and in application support roles; they are technical analysts, project coordinators, client services/litigation support managers and business development professionals. They are people who grew up with the EDRM model, who understand even the most the nuanced relationships between the phases and tasks of the EDRM. Most importantly, they understand their role in the big picture and know what to expect from the other roles in the model.

There are certain roles specific to the managed services model that will make all the difference to the success of the model. For example, the roles that facilitate the managed services relationship between MoFo and Epiq (for purposes of this blog, where MoFo and Epiq interact directly) is comprised of three levels: project managers/analysts, a managed services management team and director level roles. Of course, it’s necessary to make sure that the people who fulfill the roles are proficient, but it’s also vital that each role at the firm has a counterpart with the service provider, at least one person with whom to communicate directly about the objectives of that level. Here are some characteristics of the key roles in eDiscovery managed services, at both the firm and service provider. 

• Liaison between case team/service provider (firm); client/production team (vendor);
• Manages workflows, communicates instructions, facilitates hand-offs, performs QC;
• Consults on database configuration; performs searches, reporting;
• Strategically applies best solutions to all requests.

Managed Services Management Team -

• Assumes big picture view of environment: issues, infrastructure decisions, tools, reporting, financial aspects, training; 
• Evaluates costs and resources from enterprise level reporting;
• Escalates issues; recommends process improvements and workflow enhancements.

Senior Managers/Directors -

• Responsible for high level decisions (procurement, quality improvement initiatives, contractual modifications);
• Liaison to leadership teams about client needs, issue remediation, services delivery, value and efficiency.

Whether the roles are performed by lawyers, paralegals or a team of credentialed project managers varies from firm to firm. In some models, the firm’s employees take on most of the work (PMs, analysts, processing and production teams). Other firms prefer using the service provider’s personnel. And again, the model you choose depends on your firm’s objectives. What’s important is that each person owns his/her responsibilities and can skillfully apply specific proficiencies. When working on any project, when you know exactly you’re your objectives are and what is expected of you, you perform at an optimal level. On your own team, ask yourself: What is my role on the team? What am I responsible for? Where do my activities fit into the larger process? How can I take more ownership? Whatever your answers are, they will affect the overall success of the project. 

As eDiscovery roles develop in the legal industry to accommodate new models - perhaps as they have with managed services - eDiscovery professionals will not only acclimate but will continue to apply their expertise to supporting and even improving these models. Knowing how your role affects what others do and the result is an extremely valuable skill: you not only know the right thing, but you do the right thing. Every day we learn about more efficient ways to manage data as cost effectively for our clients as we can while developing expertise at our firms. As such, we can be confident that as roles develop with the introduction of new technologies, eDiscovery professionals will be poised to apply their expertise to whatever new paradigm comes their way.

Clear role definitions also keep lines of communication open. In my next post, I’ll describe ways that content and methods of communication can open a path to success in a managed services environment.