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2004 - August Issue #9

This issue of the Litigation Management Report is a conference report. I have had the opportunity to attend the ABA -TIPS 2004 Spring Conference and the Corporate Legal Times 2004 Super Conference. What I found most interesting and, in turn, am reporting back to you, is the degree to which metrics is coming to dominate all of the discussions on managing counsel, whether they be in-house or outside counsel. Corporate legal departments and insurers are both committed to measuring the value of outside counsel work with metrics.

The Litigation Management Strategy article is a composite report on several litigation management sessions I attended at the super conference. Cost control is the driver for corporate legal departments. Metrics are being utilized to evaluate costs on a comparative basis among select firms that are being bundled into outside panels through convergence programs. Working with a manageable number of core firms is the starting point for a metrics management program.

The Bill Management article is a composite report from the TIPS Spring conference. TIPS is the acronym for the Tort Trial Insurance Practice Section of the ABA. I attended the spring meeting of the Staff Counsel sub-section. It is a very active sub section and its activity reflects the growth of staff counsel operations in insurers. When I compare the two conferences, what is clear is that insurers are more advanced in their metrics management programs than corporate legal departments in general. However, as you will find out from reading this article, insurers are still in the process of coming to grips with strategic application of metrics.

An entire half-day of the TIPS conference was devoted to a series of panel discussions on staff counsel utilization. The John G. Kelly Report is a primer for litigation managers on the nature and role of staff counsel. Why a primer? Because of the ad hoc manner in which many staff counsel offices have been implemented in insurance operations, litigation managers' knowledge of the function is also ad hoc. This article will be the first in a series of several over the next 12 months that will provide litigation managers with a thorough background on the staff counsel function.

With all of the talk on metrics it is time that litigation managers take a hard look at information technology. Does IT Matter? is a most appropriate book review to round out this issue.

Enjoy and as always give me feedback on what catches your attention and interest.

John

Litigation Management Strategy
 

Corporate Legal Times 2004 Super Conference

If your outside counsel hiring and retention criteria focuses on cost containment and cost reduction strategies, you are in good company. Cost control is the most important practice management challenge facing legal departments. These were the central themes in the Litigation Management breakout sessions I attended at the Corporate Legal Times 2004 Super Conference. Metrics management and scorecarding are the absolutely essential mechanisms to deploy in getting a grip on costs and moving from cost cutting to cost effective case management. The following comments are a composite report on information obtained from several sessions... click here to learn more

Bill Management
 

ABA - TIPS Spring 2004 Conference

If you think that you are at a "best practices" level as a litigation manager because you know how to ferret out any and all errors in a legal bill and cut the costs, think again. Bill management is in a state of transition. Performance measurement is evolving as the next step in best practices level bill management. Insurers want to determine what the value is relative to that cost. That was the central theme that consistently emerged in the various panel discussions at the Spring 2004 ABA - TIPS Conference.... click here to learn more

John G. Kelly Report
 

A Staff Counsel Primer

Introduction

Staff counsel is becoming core to insurance defense claims management. There are now 23 states that permit insurers to set up staff counsel operations, and that number is expected to grow. The consensus among insurers is that that the war over the ethics of insurers using staff counsel has been won and there are now just battles to be fought on the framework and parameters of their utilization… click here to learn more

Ideas
 

Does IT Matter?
By Nicholas Carr

Harvard Business School Press (2004)

When first confronted with the question - Does IT Matter?- the initial response is invariably, "what kind of a ridiculous question is that? This is the information technology (IT) age." If you have business plan that does not have an IT component, than you had better revisit the plan and put IT front and center. Author Nicholas G. Carr believes that as new age as that type of thinking may seem to be, it is already dated. The fact that we do in fact live and work in an IT-dominated world, at least in advanced western societies, means that there is no longer any competitive advantage automatically associated with IT. Information technology is now just infrastructure. Gaining competitive business advantage has shifted back to best practices… click here to learn more