Managing and Monitoring Budgets
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1 Managing and Monitoring Budgets
2 Panel Introduction Vincent Cordo Reed Smith LLP Global Director Client Value Merrill Helms Sheppard Mullin LLP Legal Project Manager John Thompson Purdue Pharma LP Sr. Analyst IT Legal Support Matt Laws Crowell & Moring LLP Director of Pricing & Client Services
3 Managing and Monitoring Budgets at Sheppard Mullin AKA How to Live Long and Prosper
4 Firm Background Sheppard Mullin- 600 attorneys, 15 offices 4% Alternative Fee Arrangement (AFA) matters, comprising of 6% of fees for last 2 years AFA Committee with 4 Czars Legal Project Management (LPM) and budget monitoring efforts began August 2012
5 Challenges Creative Commons Attribution-Non-Commercial License
6 Our Challenges Getting attorneys to participate, collaborate Inaccurate classification of an AFA matter Fear of change Thomas Edison- "I feel like I've succeeded in finding a million ways not to do something."
7 Challenges- Confronted Focus on bringing to light what attorneys are already working on We ve made 40 financial models and 20 matter plans for matters ranging from $65,000 to $5 million We ve made it a requirement for all AFAs to have a budget
8 Situations and Solutions Creative Commons Attribution-Non-Commercial License
9 Situation #1 I don t have time to build a budget. Can you build one for me? Favorite quote from a partner- This is why I went to law school- to avoid math.
10 Situation #1- Resolved! Provide a budgetary library DMS can reveal existing budgets Work with the partner on pricing
11 Situation #2 How can I see what my associates are working on? How can I make sure they are getting their hours in on time? How can I see budget v. actual on a monthly or weekly basis?
12 Situation #2- Resolved! Piloting Legal Project Management software applications Utilize LexisNexis Redwood Dashboards Matter Planning
13 Hours Hygiene
14 My Matters Dashboard
15 Matter-Level Dashboard
16 Situation #3 I have a detailed fixed fee arrangement with my client. They pay a flat fee for each deliverable (depositions, dispositive motions) of their labor dispute. How can I monitor the budget spent on each deliverable?
17 Situation #3- In Progress Phase/task codes or any identifier on a time entry are invaluable Clean, detailed time entry narratives can provide greater detail
18 Best Practices Creative Commons Attribution-Non-Commercial License
19 Best Practices Get attorneys to code time Use your software to the fullest- be creative! Know the client and attorney needs Communication is key
20 Corporate Legal Department Background Purdue Pharma LP 20 in-house legal staff Various matter management pool with specific AFAs or budget requirements per work area Independent management of budgets and vendors Cost Management initiatives active since 2005
21 Tool for Analysis and Monitoring TyMetrix T360 Matter Management, Invoice Management, AFA tracking and monitoring Anaqua Intellectual Property Management Clearwell ediscovery processing SAP Financial tracking Organic in-house developed databases and tracking tools
22 Operational and Analytic Challenges Data management to get an accurate or best guess picture Relying on outside counsel to report accurately and not in summary Monitoring actions to cost guidelines delicate balance Total market value vs. personal touch
23 Operational and Analytical Challenges Translating data from numbers to pictures Supporting financial/risk decisions against the crystal ball Putting operational processes in place with too many one-off matters Providing best recommendations for in-house counsel as well as managing quality from legal counsel
24 Challenges- Confronted Injecting Project Management Mentality Assess value based on win, lose, or draw Look at the metrics and see what else is out there When in doubt call your CFO
25 Situation #1 Document review vendor/fee selection and costing process an AFA is up for grabs and cost containment is a key priority. In-House is fond of 1 firm but has cost significantly in the past and not willing to negotiate on pricing; vendor selection is now complicated
26 Situation #1- Resolved! Cost containment prioritized based on best negotiated price Comparison of previous litigation matters and what spend was Weigh the financial and political risks Flush out all the opinions with facts (and quickly)
27 Situation #2 What is an acceptable reward for a firm that just won a major case for us? Our current volume with the firm is slowing down after the big win. What can we afford based on the potential savings we achieved through their work? How is the AFA supported and monitored
28 Situation #2- Resolved! Analytics applied to best case/worst case should the matter gone to litigation Budget for potential spend was broken into fragments and determined what fees and projects would have had biggest cost impact AFA determination and volume management were applied to reward the firm through careful analysis
29 Best Practices Know the data Know the customers Know the language Know the potential outcomes Know who really makes decisions
30 Managing and Monitoring Fixed Fees & Budgets Matt Laws Crowell & Moring LLP Pricing & Client Services
31 Firm Background 500 attorneys, 8 offices 20% of matters are AFAs, which represent 24% of fees Director of Pricing & AFA Partner Budget Templates as Part of the LPM tool began in October of 2012
32 Our Approach Firm has made LPM and budgeting mandatory for fixed fees, contingent fees and hourly matters that will exceed $100,000 in fees Intake process for new matters drive the mandatory requirement for a budget, pricing department often is involved with the budget Budget templates provide a head start categorized under litigation, transactional, and counseling Partner and practice group meetings are used to maintain the dialog required to maintain momentum
33 What systems do you use for managing fixed fees? Library of Budget Templates in the SharePoint LPM tool for pricing engagements LexisNexis: Redwood Suite for Intake regarding profitability SharePoint LPM Tool Alerts & Status Reports to Project Managers for Monitoring Monthly Pricing Report for Executive Board & Finance Committee
34 Challenges- Confronted Who will act as project managers? Counsel in the firm are project managers on the matters Should we make the budgeting & LPM process mandatory? Yes, the client initiatives provide support to put this in place Risk Management Monitoring the AFA portfolio monthly, focusing on matters that have low direct margin results or over the budget
35 Best Practices Intake Process: workflow process integrating systems (new matter, conflicts, etc.) Staffing Controls: leverage, phase/task based planning Ongoing LPM: performance management/client communication
36 Questions? Creative Commons Attribution-Non-Commercial License
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