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eDiscovery Managed Services Series: Communication

By Bethany DeRuiter posted 10-15-2018 14:45

  

Predictability can be one of the biggest benefits of a managed services model, when it’s in a matured state.  In a less matured state, opportunities exist at every turn to strive for greater predictability: in standardized processes and templates of workflows, in issues management, in defining roles and responsibilities, and even in the content and methods of communication.

When you can anticipate the time and cost of eDiscovery projects, expecting that the work you request will be done on time, on budget and according to specification, you are in the position to make well-grounded predictions about future projects. Forecasting eDiscovery work across the life of a single case, as well as across multiple cases in your managed services environment, becomes an invaluable contribution.

Healthy communication habits pave the way to greater predictability. Every touchpoint along the EDRM path provides opportunities to communicate clearly about your expectations, how to get there, and how to avoid roadblocks. Henry Ford once said, “If there is any one secret of success, it lies in the ability to get the other person's point of view and see things from that person's angle as well as from your own.” I mentioned in my previous blog that seasoned eDiscovery professionals understand their roles in the big picture and know how their role affects what others do. They have achieved this by learning how to communicate clearly and effectively plus listening carefully to what others are saying to them to decipher what it means to the overall project. Making sure that communication at any of the eDiscovery touchpoints is clear, concise and meaningful will improve your chances for success at every level. 

An abundance of material is available publicly that aims to enhance and develop communication skills. In this piece though, I want to share with you three ways of improving communication that have worked in our firm’s managed services environment and have led to increased predictability and efficient and consistent results.

 1. SET EXPECTATIONS (DEADLINES).

 Communicating about deadlines for common and simple eDiscovery requests – either by setting them or confirming them - can be very challenging! Yet establishing timing expectations about the completed deliverable is an easy way to get consistent wins around predictability. When you can rely on deadlines, you can predict how long projects will take, and be more confident about the time and cost estimates of your overall budget.

Deadlines don’t just occur on individual projects in a managed services environment. On an enterprise level, timing expectations also apply to critical application upgrades, maintenance windows and workflow process improvements that impact the processes and deadlines in the environment. With technology changing all around us, providing options for faster and better, relying on infrastructure deadlines helps build predictability into our model.
We can then plan ahead, for instance, with enterprise-wise training or faster turnaround times due to processing speeds from application upgrades. These little details add up to improve the bottom line as well as improved morale. People feel good about their jobs, and perform better, when they are efficient and can get things done without roadblocks.

2. SUBMIT INSTRUCTIONS WITH CLEAR AND CONCISE LANGUAGE. 

According to the PMI’s Project Management Body of Knowledge (“PMBOK”), “project managers spend the majority of their time communicating with team members and other project stakeholders.” As the gatekeepers between the firm and service provider, project managers and analysts on both sides make sure that instructions are not only conveyed but understood.  Whether you are using forms, templates or describing a request in an email exchange, using clear and concise language to describe your request and expected outcome will help the recipient understand what you need and comply with your request.  Standardized language at a basic level leads to predictability.

During a recent department team meeting, I felt encouraged as I listened to feedback offered by some of our project managers about our managed services program. I was particularly gratified to hear how the project managers contribute to its success by regularly putting into practice the ideas and principles discussed in this post. They spoke about providing the service provider with advanced notice (when possible) about upcoming deadlines. They mentioned how helpful the forms and templates are to standardize instructions. They also emphasized how providing the appropriate level of detail with requests leads to a positive outcome.  All these efforts have resulted in more accurate and timely deliverables across the board. This feedback was a true testament to the power of clear communication for creating a consistent eDiscovery work product through healthy, reliable relationships with our service provider.

For the management teams, our weekly call agendas follow the same communication structure and language to describe issues, updates on applications, or storage and billing questions.  Every week, this standardized communication provides the service provider with the type of information expected so they know what to address on the call. In addition, distributing the agenda systematically the day before the meeting gives the provider ample time to prepare. As a result, over the past three years, communication patterns have developed on these calls as our relationship has matured. Expectations are set. Surprises are minimized.

3. AVOID ROADBLOCKS USING SOFT SKILLS. 

Who hasn’t heard the expression, “It’s not what you say, but how you say it”? Exactly… As a teenager, I also rolled my eyes at my mom. But I get it. In managed services, clear communication saves time and, by extension, money. It eliminates some of the roadblocks that happen along the EDRM pathway: time wasted on guesswork, unnecessary trial and error, waiting for instructions or for a past due promised deliverable. Soft skills, like listening and persuading, can make all the difference in supporting a predictable and trusting relationship between law firm and managed service provider.

Listening opens the door to a free exchange of information and intentions between people. Active listening – repeating back what you think you heard - refines the focus on what has been communicated. In a professional setting, it may be awkward to do this, but in my experience, it’s just as effective if you do this in your mind.  Taking a moment to repeat back in your mind what you heard gives you pause to consider any follow-up questions that need to be made before the work begins.  For discussions over the phone, the most helpful, and recommended, next step is to receive an email from the service provider memorializing his or her understanding and expected outcome.  Most examples of miscommunication could have been avoided if questions had been asked right up front instead of making assumptions. This happens on the firm side and on the vendor’s side. Don’t be afraid to ask questions. It’s a good risk to take and a good habit to get into. 

Persuading and listening go hand in hand: when you persuade, you encourage the recipient(s) to see the benefits of what you are proposing so they will embrace it with you. You will also address the concerns of the recipient which you’ve gained from listening.  To reference again the PMBOK Guide, “Persuading a person, team or organization to perform an action” is a key communication skill for project managers.

Persuading and listening do not involve intimidation of any kind. Yes, you want to strongly convey your position when negotiating terms of a contract. Yes, you want to convince the service provider’s project manager to push your project to the front of the queue when opposing counsel has made a last-minute demand.  But if either the firm or the service provider resorts to threats or intimidation to get something done it will invariably have negative results, including undermining your relationship. Managed services partnerships are long-term relationships.  Through a straightforward style of communication, over time, you learn to trust the information that’s being delivered and trust the manner of delivery. You have learned, for instance, not to be surprised or manipulated with issues that would put the other team on the spot without any preparation. Trust is “the glue of life,” it’s “the most essential ingredient in effective communication. It’s the foundational principle that holds all relationships.” (Stephen Covey). You can be persuasive without intimidating. It’s called professional respect. Being effectively persuasive eliminates time wasted engaging in manipulating tactics that often cause confusion and potentially conflicting priorities and expectations.

From our experiences with a managed services model, our firm continues to learn that some of its greatest benefits are a result of efforts expended building a long-term relationship with our service provider.  Communication is the cornerstone of that process. Of course, communication is a two-way street, but as the client, the law firm leads the relationship. Communication is certainly about the transfer of information from one person/role to another with the goal of having accurate deliverables by the established deadline. It’s also about how that information is communicated resulting in the goal of establishing a relationship with your service provider. When you improve your communication style, your colleagues are more likely to improve theirs too.  Utilizing proven techniques and skills will get the best work out of your commitment. It will enhance the quality and strength of your relationship with your service provider, but also lead to greater predictability around your data and metrics.

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