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SCU Lecture 3.2: Disaggregation

John Steele, Attorney at Law. SCU Lecture 3.2: Disaggregation. Disaggregation. Examples Causes Ethics & Risk Management Prognoses. Disaggregated Legal Work. Client. Law Firm. Contract Lawyers. ESI-Disc Vendor. Client’s General Counsel. Primary Litigators. E-Discovery Boutique

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SCU Lecture 3.2: Disaggregation

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  1. John Steele, Attorney at Law SCU Lecture 3.2: Disaggregation

  2. Disaggregation • Examples • Causes • Ethics & Risk Management • Prognoses

  3. Disaggregated Legal Work

  4. Client Law Firm Contract Lawyers ESI-Disc Vendor

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

  6. Client Patent Counsel Foreign Associate IP Prosecutor Foreign Associate Foreign Associate

  7. Corporate Firm Client Tax Investment Bankers ERISA Consultants

  8. Causes of Disaggregation • Size • Class Actions • MDL • Non-class aggregate

  9. Causes of Disaggregation • Legal Fees

  10. Causes of Disaggregation LPO

  11. Ethics: Objectives Client determines objectives

  12. Ethics: Tactics Consult about Tactics

  13. Causes of Disaggregation In-sourcing

  14. Causes of Disaggregation Digitalization

  15. Causes of Disaggregation E-discovery

  16. Causes of Disaggregation General Counsel

  17. DuPont Legal Model

  18. Ethics: Scope of Task Division of Labor

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

  20. 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

  21. Ethics: Scope of Task Keeping track

  22. Work Papers • Lists of hard drives • Lists of employees interviewed • Standard depo prep questions

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

  24. EDRM: insource vs. outsource

  25. EDRM: insource vs. outsource

  26. Ethics: Supervisory duties Supervisors Subordinates Non-lawyers

  27. Prognoses Disaggregation

  28. Prognoses Relationship Management

  29. Prognoses More case law

  30. Prognoses Porous

  31. Prognoses Moral responsibility

  32. Disaggregation

  33. www.johnsteelelaw.com

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