John Steele, Attorney at Law. Disaggregation  Examples  Causes  Ethics & Risk Management  Prognoses.

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Presentation transcript:

John Steele, Attorney at Law

Disaggregation  Examples  Causes  Ethics & Risk Management  Prognoses

Disaggregated Legal Work

ClientLaw Firm Contract Lawyers ESI-Disc Vendor

Client’s General Counsel Primary Litigators Trial Litigators E- Discovery Boutique Firm E-Disc. Vendor

Client Patent Counsel IP Prosecutor Foreign Associate Foreign Associate Foreign Associate

Client Corporate Firm Tax Investment Bankers ERISA Consultants

Causes of Disaggregation  Size  Class Actions  MDL  Non-class aggregate

Causes of Disaggregation  Legal Fees

Causes of Disaggregation LPO

Ethics: Objectives Client determines objectives

Ethics: Tactics Consult about Tactics

Causes of Disaggregation In-sourcing

Causes of Disaggregation Digitalization

Causes of Disaggregation E-discovery

Causes of Disaggregation General Counsel

DuPont Legal Model

Ethics: Scope of Task Division of Labor

Types of Risk  Dropped balls  Innocent e-discovery snafu looks sinister  Bad results  Disputes over billings

Managing the problem Meticulously document disaggregation Consider what we can’t delegate Work papers like accountants? Getting client buy-in Opponent who claims spoliation Cranky judges Mistakes

Ethics: Scope of Task Keeping track

Work Papers  Lists of hard drives  Lists of employees interviewed  Standard depo prep questions

Ethics: Fees Keep down fees Don’t hollow out fees

EDRM: insource vs. outsource

Ethics: Supervisory duties Supervisors Subordinates Non-lawyers

Prognoses Disaggregation

Prognoses Relationship Management

Prognoses More case law

Prognoses Porous

Prognoses Moral responsibility

Disaggregation

steele law.com