Cowen Group Blog - Litigation Support Staffing & Consulting

Tuesday, June 20, 2006

In Legal Tech Process: Be Fearless!

Between top tier lawyers and critical litigation support technology, the cognitive disconnect is narrowing, slowly but surely. That's partly because, says one insider, "it's getting to the point where the failure to use litigation support is arguably malpractice." But where resistance to technology persists, the problems are the same as they ever were.

In a now-famous "Monicalogue", LTN editor-in-chief and The Common Scold blogmaster Monica Bay nails the Fear Factor that inhibits decision-makers at every level, from solo practioners to the most elite firms. Fear of costs, lost billable hours, obsolescent investments; fear of outsourcing variables, loss of content control, lack of training -- and just plain fear of new-fangled goo-gaws.

But here's what I've discovered, over years of cultivating and launching real-world careers in litigation support: In the real world, time and time again, process trumps product. In lawyer-client relationships, the process is the product. And the process has not changed.

No matter how critical the latest information technology may be, it will never get the job done all by itself. Technology is just the gateway through which talented people pass, toward successful forensics and e-data management. The inescapable fact is that effectively integrated legal technology can improve productivity, accuracy, client service and profits, and is already a best practice imperative. But without the lawyer-client process, any legal technology is just another product. And -- here's the good news -- process is what lawyers do best.

So if you're a litigation support professional, your job will rely increasingly upon your ability to use bleeding edge legal tech products to facilitate old-fashioned interpersonal process. Your toolbag will have to include a full set of tried-and-true people skills, and the leadership initiative to manage in all directions, and spark collaborative process, toward effective application of mission-critical technology products.

And if you're a tech-shy litigator, the only thing you have to fear is... well... the Fear Factor itself!


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