Blogs

Automating IG

By: Leigh Isaacs, Julie Colgan, & Brianne Aul

For decades, varying degrees of automation have been woven into the fabric of most industries, which arguably has allowed many of them to remain competitive – and, for some, even viable. While many law firms have also invested in automation to address such initiatives as knowledge management, alternate fee arrangements, or even administrative tasks performed by Human Resources or Marketing, a much smaller percentage have used tools to help automate their information governance processes and procedures. However, with the exponential growth in both firm and client data, coupled with a much larger demand by the latter to manage it in a way that mitigates risk and unnecessary legal fees, the allure of automating IG has never been greater.

This, of course, is just one reason firms may choose to automate IG. Like many other organizations, firms are often challenged to identify ways to provide exceptional service at minimal cost. As such, firms seeking to “do more with less” may look to technology to assist with managing such IG-related processes as litigation holds, ethical walls, or email management. Retention-based initiatives – which, for many firms, have been a daunting task for years – can be significantly expedited even through a partial automation of the disposition process, while still incorporating approvals from lawyers or clients as needed.

Perhaps one of the most striking reasons to automate IG processes is the overarching goal of many firms to transition to a digital culture. Lawyers are increasingly mobile, and with brick and mortar offices often being replaced by hotel rooms, airports, tablets, and smartphones, the need to effectively search and retrieve data regardless of geography and time are no longer a benefit as much as an expectation. The proliferation of ROT (or redundant, obsolete, and trivial data) within firms can pose a significant barrier to optimizing this process, and can mask what ultimately are key documents or pools of essential information within the firm’s environment. Using automation to help identify, categorize, and eliminate ROT can make attorneys more productive and ultimately create a competitive edge for the firm as a whole.

Automate What?

When initially considering automation (where a computer takes over what a human used to do) it is best to look for high-frequency/low-complexity tasks. Such tasks lend themselves to automation due to their simplicity – therefore not requiring a significant amount of human judgment – and because they happen a lot, which consumes a significant amount of a human’s time.

Some examples of processes that may be ripe for at least semi-automation include:

• Classification
• Filing
• Disposition approval and action workflows
• Construction of ethical walls

Each of these tasks or processes are typically high in volume – especially classification and filing! – in a modern records management and information governance program. Their complexity can be carefully distilled through good planning, leaving the human judgment to the front of the process, then once the human kicks it off, computers can take over with little friction.

Also important to consider when looking for tasks or processes to automate are some of the likely challenges you’ll encounter, such as:

• Financial support for technology to automate in the first place
• Technology integration with existing systems
• Automated workflow exceptions handling

None of these are insurmountable, but each need to be taken seriously in the planning stages. In particular, the challenge of financial support can stop you before you even get started. One potential way to address the funding challenge is to find technology the firm already owns that you can repurpose.

Repurposing technology may not be a perfect solution, but it may help you get the initiative off the ground with little push back and prove the concept enough to acquire new funding for a full roll out. For further discussion of this topic, I strongly recommend reading the Law Firm Information Governance Symposium (LFIGS) recently published paper on creative resourcing for IG programs. (http://igsymposium.ironmountain.com/creative-sourcing-for-law-firm-information-governance-2017/)

How to Automate?

Once you understand the why and what to automating IG, the next logical question to ask is how. While there is no easy, one-size-fits-all approach, here are some things to consider:

• Understand who your stakeholders are and what buy-in you need to obtain. Who will sponsor your effort? Is there the endorsement to provide appropriate resources? Beyond that, what role will people play in the process? How will roles change? Do you have the right people on board? Who are your internal experts? What input and training will be necessary to make automation successful?
• Speaking of process – you can’t automate where process doesn’t exist. Do you have a process for what you want to accomplish? If you do, does that process need to be adjusted? If

you don’t, who needs to be involved in creating the process?          Implementing automation is
often an opportune time to update archaic or inefficient practices or establish new that have not previously existed. In addition, automation doesn’t always mean automating the entire process. Sometimes automating a portion of the process to improve efficiency or compliance is often a more palatable and effective way to introduce a new way of doing things.

• In understanding your “what,” you have likely already assessed what sort of technology might be necessary to accomplish your goal. If you are opting to repurpose existing technology, understand the budget implications and licensing costs. Work with your internal experts that already understand the technology. Any new technology should be fit-for-purpose and be fully vetted for IG considerations such as security, access and retention/disposition. Understand what implementation resources will be required to support installation, configuration and training.

As with any initiative, proper due diligence and planning is critical. You don’t always need to start big. Find areas of “low hanging fruit” or where there is the most value add to the organization. Successful implementation of an automation effort cannot be achieved in a silo. Ensure that you have a coordinated project plan, provide for adequate assessment and incorporate a sound communication plan.

And remember, like most everything with information governance, your work here is evergreen. Once you’ve launched your automated process, account for the need to periodically review and refresh your process and how you are supporting it.

ILTACON Session:  Automating Information Governance