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National Library of Australia Cataloguing-in-Publication entry

Author: Therese Linton.

Title: Legal project management.
Edition: 1st edition.
ISBN: 9780409338836 (paperback)
9780409338843 (ebook)
Notes: Includes bibliographical references and index.
Subjects: Practice of law — Australia — Management.
Project management — Australia. Legal services
— Management. Law offices — Australia —
Management.
Dewey Number: 340.068.

© 2015 Reed International Books Australia Pty Limited trading as

LexisNexis.
This book is copyright. Except as permitted under the Copyright Act 1968
(Cth), no part of this publication may be reproduced by any process,
electronic or otherwise, without the specific written permission of the
copyright owner. Neither may information be stored electronically in any
form whatsoever without such permission.
Inquiries should be addressed to the publishers.
Typeset in Helvetica Neue and Minion Pro.
Printed in Australia.
 List of Tables
Part 1
Table 1.1 Activities and deliverables for phases in the standard
legal project management lifecycle
Table 1.2 Deliverables of legal project management disciplines
for each phase in the legal project management
lifecycle
Table 1.3 Deliverables of supporting legal project management
disciplines for each phase in the legal project
management lifecycle
Table 1.4 How to manage client expectations
Table 1.5 Legal project management core disciplines —
deliverable and process view
Table 1.6 Legal project management supporting disciplines —
deliverable and process view
Table 1.7 Guide to competencies required for legal project
managers
Table 2.1 Clarifying questions for matter objective-setting
Table 2.2 Practical checklist — matter scoping
Table 2.3 Example scope exclusions
Table 3.1 Practical checklist — identifying activities
Table 3.2 How to construct the matter schedule
Table 3.3 Example matter planning table
Table 4.1 Cost management terms and definitions for legal
project management
Table 4.2 Examples of poor timesheet entries
Table 4.3 How to determine fee arrangements for different
matters (based on Goehl, 2002)
Table 4.4 The case for and against hourly billing
Table 4.5 The case for and against alternative billing
Table 4.6 Practical checklist — feasible fixed-fee arrangements
Table 5.1 Example likelihood scale
Table 5.2 Example consequences scale
Table 5.3 Example risk rating table
Table 6.1 Practical checklist — legal quality assurance and
quality control tools and techniques
Table 6.2 Recommended LPM precedents and templates
Table 6.3 Practical checklist – improving business processes
Table 7.1 Project leadership skills — definitions, frameworks and
tools
Table 7.2 Example matter milestone and effort planning table —
template and generic example
Table 7.3 Example monthly matter milestone tracker — template
and generic example
Table 7.4 Matter milestones and reminder flags — template and
generic example
Table 7.5 Individual confidence and attitude assessment
Table 7.6 Individual capability and experience assessment
Table 7.7 Example schedule for allocating legal human resources
Table 8.1 Pease’s global plain legal language principles
Table 8.2 Pease’s specific plain legal language principles
Table 8.3 How to prepare a communication planning table
Table 8.4 Standard format project communication planning table
Table 8.5 Communication preferences of MBTI® personality
dimensions
Table 8.6 Practical checklist — determining the legal project
sponsorship model
Table 8.7 Legal project sponsorship models
Table 8.8 Characteristics of legal project sponsorship models
Table 9.1 Common sources of variations to legal matters
Table 9.2 Example milestones for workers compensation
recoveries matter with no litigation
Table 9.3 Example milestones for workers compensation
recoveries with litigation
Table 10.1 How to perform matter closure
Table 10.2 How to gather feedback
Table 10.3 Example post-implementation review survey
Table 10.4 How to assess matter performance — objectives and
success criteria
Table 10.5 How to assess matter performance — scope, cost,
time and quality criteria
Part 2
Table 11.1 Summary of drivers, benefits and techniques for legal
portfolio management
Table 11.2 Personal portfolio management tool
Table 11.3 Human resource allocation and management tool
Table 12.1 Benefits of using in-house and external legal resources
Table 12.2 Seeking and delivering different types of legal advice
Table 13.1 How to implement legal project management
 List of Diagrams
Part 1
Diagram 1.1 Standard legal project lifecycle
Diagram 1.2 Legal project lifecycle for simple banking transactions
Diagram 1.3 Legal project lifecycle for complex litigation
Diagram 1.4 Client Triple Constraint for client expectation
management
Diagram 1.5 Legal Triple Constraint
Diagram 1.6 Legal Triple Constraint and the legal project
management framework
Diagram 1.7 Legal project management core and supporting
disciplines
Diagram 1.8 Basic legal project management framework
Diagram 2.1 Matter assumptions log
Diagram 2.2 Example matter overview template
Diagram 2.3 Example matter structure template
Diagram 2.4 Example matter structure — construction dispute, in-
house view
Diagram 2.5 Example matter control logs
Diagram 3.1 Example of rolling wave planning for litigation
Diagram 3.2 Example standard matter schedule in Microsoft Excel
Diagram 3.3 Basic matter chronology template
Diagram 3.4 Matter chronology — long matter example
Diagram 4.1 Outside counsel pricing scenarios — Altman Weil 2013
survey feedback
Diagram 5.1 Legal project management matter risk management
framework
 Legal Triple Constraint and the legal project
Diagram 5.2 management framework
Diagram 5.3 Example risk breakdown structure — construction
industry dispute
Diagram 5.4 Example risk breakdown structure — regulatory reform
Diagram 5.5 Example matter risk log and definitions risk
identification
Diagram 5.6 Example matter risk log and definitions — risk
prioritisation and analysis
Diagram 5.7 Example matter risk log and definitions — risk control
and treatment planning
Diagram 6.1 Client Triple Constraint and Legal Triple Constraint
Diagram 6.2 Relationship between defects, time, cost and effort
Diagram 6.3 Example matter quality planning table
Diagram 6.4 Summary of LAW 9000:2010 major components
Diagram 6.5 Example contract management and update processes
Diagram 6.6 Knowledge management framework
Diagram 6.7 Processes in knowledge creation
Diagram 6.8 Processes in knowledge capture
Diagram 6.9 Processes in knowledge sharing
Diagram 6.10 Processes in knowledge reuse
Diagram 6.11 Processes in knowledge maintenance
Diagram 6.12 Electronic discovery reference model
Diagram 7.1 Example RASIC chart for a legal matter
Diagram 7.2 Covey’s prioritisation matrix — adapted for legal
context
Diagram 7.3 Integrated view of personal productivity tools
Diagram 7.4 Adaptive leadership model for managing individuals
Diagram 7.5 Adaptive leadership style for managing teams
Diagram 7.6 Adaptive leadership model for crisis management
Diagram 7.7 Common conflict management styles
Diagram 7.8 Example matter kick-off pack
Diagram 8.1 Stakeholder power and interest grid with
recommended communication methods
Diagram 8.2 Example stakeholder matrix template
Diagram 8.3 Project commitment curve
Diagram 8.4 Myers-Briggs Type Indicator — four dichotomies
Diagram 9.1 Legal project management change control process
Diagram 9.2 Example change control log
Diagram 9.3 Matter status report template
Diagram 9.4 Matter status report template with milestones
Diagram 9.5 Suite of matter control logs
Diagram 9.6 Example matter issues and actions log
Diagram 10.1 Post-implementation review framework
Part 2
Diagram 11.1 Relationship between strategy, portfolio planning and
project delivery
Diagram 12.1 Informed purchaser good practice model
Diagram 13.1 Changes in legal sector after the Global Financial Crisis
— legal project management evolution to revolution?
Diagram 13.2 Basic organisational change management delivery
model
 Preface
I am a project delivery professional and academic with over 25 years’
experience in project management-related roles. At the 20-year mark, I
decided that I needed a change. Most of my experience had been in delivering
new products and services, as well as process improvement and technology
implementation projects for large financial services organisations. I had also
spent some time in the telecommunications, retail and manufacturing
industries.
Initially, I took a 12-month career break during which I did project work
for a not-for-profit organisation and took on my first major academic role at
The University of Sydney. It is almost seven years down the track, and I am
still a unit of study coordinator and adjunct lecturer for the prestigious
Master of Project Management and Master of Project Leadership programs at
Sydney University. More recently, I accepted another adjunct lecturing role
for the College of Law to re-develop and deliver the multidisciplinary project
management unit for the Master of Applied Law (In-house Practice)
program. Before this, I spent many years (in addition to full-time challenging
project delivery roles) working as a part-time TAFE teacher to design and
deliver the very first Certificate of Project Management and Diploma of
Project Management courses in Australia.
Towards the end of my career break, I realised that I needed more time
away from financial services so I took on a role to establish and lead the
project management office for a major law firm and stayed for almost three
years. It was during this time that I became interested in legal project
management (LPM). I found it extremely puzzling that legal matters
exhibited all the characteristics of projects but lawyers were largely unaware
of the field of project management, or how this profession and its tools and
techniques could be applied to legal work.
I started to monitor digital and social media in the United States and
United Kingdom, and observed increasing interest in the new field of LPM. I
could see trends and changes occurring in the nature of legal work and how
concepts such as project management and process improvement could be
used to both improve client relationships and ensure firm sustainability. In
addition, every now and then in my work a partner or senior associate would
ask me to organise to have Microsoft Project installed for them as they were
interested in adopting some project management techniques and thought that
Microsoft Project could somehow develop their project schedules for them.
At other times, these requests were prompted by a client having sent in a
Gantt chart created in Microsoft Project and a partner or associate needing to
print it out in order to meet with the client.
Despite some early interest and a successful pilot LPM workshop, the firm I
worked for was reluctant to adopt and embed LPM. Even the amazingly
popular continuing professional development event that we ran for external
clients on LPM fundamentals couldn’t convince the firm to proceed with a
formal program. (This was mainly due to their primary areas of focus at the
time, which were the relocation of their Sydney offices and securing of a
merger with an international firm.) The event received rave reviews and was
attended by over 120 clients in Sydney and over 90 clients in Melbourne,
mostly senior in-house counsel for major corporations. This was just a taste
of things to come — now we see models such as the Informed Purchaser of
Legal Services, which has been developed by the New South Wales Attorney
General’s Department, and tenders that request specific evidence of project
management and process frameworks.
Legal project management is here to stay and this book provides a tailored
framework, tools and techniques that all lawyers will be able to apply to their
matters and legal projects. All lawyers will not need to become full-time
project managers but they can all benefit from understanding LPM
frameworks, as this will improve their ability to produce legal work that better
satisfies clients. Pressure from clients is demanding that successful lawyers are
technical specialists and also able to incorporate more general business skills
into their repertoire so they can deliver better client outcomes.
Changes that have occurred in the legal industry since the Global Financial
Crisis include fewer overall transactions; tighter budgets; pressure towards
efficiency and client-centric service; movement towards larger in-house legal
teams and lower external legal expenditure; and outsourcing, offshoring and
stratification of legal services. Only the firms that adopt LPM and refine their
processes will survive. In-house teams will also be expected to apply project
management techniques to their legal work and the legal work streams that
are part of major organisational programs. Technical specialisation will no
longer be sufficient — lawyers will need to be more than just lawyers to thrive
in the new conditions.

Therese Linton
October 2014
 Acknowledgments
I would like to thank my wonderful friend Ben Martin for allowing me to
practice on his team and also his clients; my respected adviser and first major
client John Markos for his wise counsel, encouragement and support; and my
lovely husband Edward Fairleigh for his work with our clients in developing
the examples that form part of this book.
I have been inspired by many of the legal clients and law students that I
have worked with over the past five years. Many of whom have directly and
indirectly contributed to this book, including;
Hicksons Lawyers, which was my first major LPM client and which has
graciously allowed me to reproduce examples of LPM deliverables that
were jointly developed by myself and the firm;
Norton White, for whom I conducted my first external LPM workshops
and which inspired many of the LPM specific deliverables and templates
that have been created as part of my LPM framework;
The Law Society of New South Wales, which supports an annual series of
LPM workshops that are well subscribed by both in-house and external
counsel;
The College of Law, which had faith in a non-lawyer designing and
delivering LPM learning as part of the Master of Applied Law (In-house
Practice);
All of my LPM students and workshop participants (most especially
Matthew Senescall, Alan Blanch, Sarah Sherwood, Neroli Butt, Bill Pardy,
Justine Matthews, Stewart Cameron, Rod Cameron, Shah Ruziti, Cameron
Leaver and Jane Heatley) who have both inspired me and contributed to
the development of LPM concepts and techniques.
I would like to thank Cengage Learning for allowing me to reproduce
content from my first book Project Management Essentials, which won the
Australian Publishers Association’s award for best student resource in 2014,
and the New South Wales Attorney General’s Department for allowing me to
feature an extensive summary of their training materials on the informed
purchasing of legal services.
Lastly, I would like also to thank my lovely editing team of Jennifer
Burrows, commissioning editor of practitioner texts at LexisNexis, and Nicola
Tomlin, my editor.
 Table of Contents
Detailed Table of Contents
List of Tables
List of Diagrams
Preface
Acknowledgments
Chapter 1 Legal Project Management Framework
Chapter 2 Matter Scoping
Chapter 3 Matter Scheduling
Chapter 4 Matter Costing
Chapter 5 Matter Risk Management
Chapter 6 Matter Quality Management
Chapter 7 Matter Resourcing and People Management
Chapter 8 Stakeholder and Client Communication
Chapter 9 Monitoring and Controlling
Chapter 10 Matter Closing
Chapter 11 Legal Portfolio Management
Chapter 12 Informed Purchaser Concepts
Chapter 13 Implementing Legal Project Management

Bibliography
Index
 Detailed Table of Contents
Table of Contents
List of Tables
List of Diagrams
Preface
Acknowledgments
Chapter 1 Legal Project Management Framework
Chapter Overview
What is Legal Project Management?
Key project management definitions
Legal project management
What are the Benefits of Legal Project Management?
Project Management Frameworks and Standards
Project Management Body of Knowledge (PMBoK®)
Other project management and process improvement
approaches
Adapting Project Management for Legal Applications
Considerations for in-house counsel
Considerations for external counsel
Legal Project Management Framework
Tailoring the legal project management lifecycle
Constraint Models
Triple Constraint
Legal Triple Constraint
Context of the Legal Triple Constraint
Establishing client expectations
Legal Project Management Disciplines
Legal project management core disciplines
Legal project management supporting disciplines
Basic legal project management framework
Legal Project Management Competencies
Chapter 2 Matter Scoping
Chapter Overview
What is Matter Scoping?
Scope Definition for Legal Matters
Defining Matter Objectives
Matter Scoping Concepts
Scope inclusions and exclusions
Assumptions
Constraints
External factors
Major risks
Indicative Time Frame and Budget
Matter scoping template
Difference between Scoping and Scheduling
Matter Scoping Tools and Techniques
Client and team briefings
Matter chronology
Matter scope
Matter overviews and matter structures
Matter control logs
Chapter 3 Matter Scheduling
Chapter Overview
What is Matter Scheduling?
Matter Scheduling Concepts
Defining and Sequencing Activities
Precedence Diagramming Method
Assigning Human Resources
Estimating Effort and Duration
Critical difference between effort and duration
Estimating biases
Estimating in uncertainty
Rolling wave planning
Developing the Matter Schedule
Different Types of Matter Schedules
Matter schedule
Matter chronology
Maintaining the Matter Schedule
Matter Planning Tables
Chapter 4 Matter Costing
Chapter Overview
Matter Cost Management Processes
Common cost management terms and definitions
Estimating matters costs and determining the budget
Matter Costing Tools and Techniques
Analogous estimating
Bottom-up estimating
Parametric estimating
Best, likely and worst case estimating
Contingency assessment
Power of timesheets
Legal Matter Costing Considerations
Lawyer’s statutory and professional obligations
Are legal project management activities billable?
Legal Pricing Versus Matter Costing
Estimates versus quotations
Different levels of accuracy in cost estimates
Alternative billing
Costing trends in law departments
Costing trends in law firms
Understanding the Cost Management Context
Forecasting and variance analysis
Pressure on Legal Costs
Access to justice arrangements — Productivity Commission
inquiry
Chapter 5 Matter Risk Management
Chapter Overview
What is Matter Risk Management?
Matter Risk Management Concepts
Characteristics of legal project risk
Matter Risk Management Roles and Responsibilities
 Role of the legal project manager
Role of the client and legal project sponsor
Role of the risk owner
Matter Risk Identification
Risk breakdown structure
Risk identification workshop
Analysis of assumptions and external factors
Matter risk log
Risk precedents and tools
Matter Risk Analysis and Prioritisation
Quantitative and qualitative risk analysis
Matter risk rating tables
Matter Risk Treatment Planning
Risk avoidance
Risk transference
Risk reduction
Risk acceptance
Monitoring and Controlling Matter Risks
Chapter 6 Matter Quality Management
Chapter Overview
What is Matter Quality Management?
Matter Quality Planning
Quality assurance and quality control
Matter quality planning and matter scheduling
Quality Requirements and Standards
Defining quality requirements
Quality standards in the legal industry
Quality management frameworks
Matter Knowledge Management
What is knowledge management?
Knowledge creation processes
Knowledge capture processes
Knowledge sharing processes
Knowledge reuse processes
Knowledge maintenance processes
Continuous Improvement
Business process modelling
Chapter 7 Matter Resourcing and People Management
Chapter Overview
What is Matter Resourcing?
Responsibility assignment matrix
What is People Management?
People management and project leadership skills
Human Resource Legislative Frameworks
Statutory obligations and legislation
Organisational policies and procedures
Workplace bullying and harassment
Self-Management
Personal prioritisation matrix
Adaptive leadership model for managing individuals
Team Management
Selecting team members and assigning work
Good practice recruitment and selection processes
Common recruitment and selection tools and techniques
Selecting a team from an external firm
Adaptive leadership model for managing teams
Matter structures
Conflict management framework
Matter ‘kick-off’ meetings
Team development activities
Chapter 8 Stakeholder and Client Communication
Chapter Overview
Communication
Effective communication
Active listening
Conversation
Observation
Plain legal language
Stakeholder and Client Expectations
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