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Navigating Success in Law Firm Mergers: Overcoming Conflicts and Record Integration Challenges

Merging two law firms can present significant challenges in terms of conflicts of interest and record management. This presentation by H. Larry Eiring, CRM Director of Heller Ehrman White & McAuliffe, LLP, outlines the critical steps needed to ensure a successful merger. Key topics include understanding business intake and conflicts systems, addressing potential pitfalls in record systems, and creating synergy among staff. From mapping client and matter relationships to navigating technology integration, this roadmap offers practical solutions for overcoming obstacles and avoiding a records nightmare during a law firm merger.

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Navigating Success in Law Firm Mergers: Overcoming Conflicts and Record Integration Challenges

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  1. When Worlds Collide Ensuring Conflicts and Records System Success in a Law Firm Merger H. Larry Eiring, CRM Director of Information Resources Heller Ehrman White & McAuliffe, LLP

  2. The Roadmap • Challenges of Colliding Legal Worlds • Understanding the Business Intake and Conflicts Issues • Nuclear Records Nightmare! • Things DO Go Wrong • Creating Synergy

  3. BIG Challenges • Staff departures • Morale • Confusion about authority • Resources available • Hurry up and wait and then…. • Time seems to drag on

  4. Critical, Yet Basic Things to Know • Who's in charge - for both firms? • Who will be making the final decisions? • What conflicts system is used? • Do you have an in-house expert on their software? • What is the status of the staff?

  5. Understanding the Business Intake and Conflicts Issues

  6. Start with the New Business Intake System • Understand their process • What is similar? • What is different? • How automated is the system? • Special rules? • Technology architecture used

  7. Clients & Matters • What numbering protocol is used? • Digits for Client, Digits for Matter • Beware the leading '0' • How are these generated? • Submatters? • Special Matters? • Do the numbers 'mean' anything?

  8. Reports Needed • Client - Matter range • Positions & Relationship types • Attorney types • Bill types

  9. Take Time To Understand • Ask any questions you need to • Client - Attorney ratio? • Multiple client names for one client? • Use close notes? • What's the threshold for closing a matter? • What information do they collect that we don't?

  10. Matter Status • Determine what matters are open, active • Identify the closed matters • Make sure proper closing procedures were completed • Connect with finance • Locate closing letters • Fix ALL issues before any data conversion

  11. Client/Risk Management • Identify waiver process • Engagement letter process • Client release letters • Disengagement memos • Audit letters

  12. Conflicts Process • Review all procedural documentation • Examine what their thresholds are • Special circumstances • What data are they going against? • Records system • Accounting system • Specialized database

  13. Make a Determination • Who's process and procedures are best? • Utilization of 'best practices' • Up-to-date & efficient workflow • User understandability • Clear & accurate documentation • Review by General Counsel and Auditors

  14. Parties and Relationships • Map their Parties against yours • Same for Relationships • Fill in gaps • Ensure that all are in synch Critical Step!

  15. Data Conversion • Re-read your documentation • Have it reviewed by a third party • Advise users ahead of time (plenty of time!) • Allow enough time for "things to go wrong" • Do a backup of BOTH systems before starting

  16. Avoiding a Records Nightmare

  17. All Those Files • Records Inventory • Established • Partial • Non-exisitent • File Classifications • Volumes • Locations - In-House & Offsite

  18. Two (or More) Records Systems • What record system is used? • Is the data complete? • Was a prior system used? • Was all data converted at that time? • Compare data fields • Find all system documentation • Get help from BOTH vendors

  19. Which One..or Both? • Consider technology • Database (SQL?) • Open architecture • Compatibility with current systems and infrastructure • Ease of use • Web-based • Intuitive

  20. Records Process • Identify processes and procedures • Look for gaps (Gap Analysis) • Compare terminology • Jacket - Bucket - Redweld • Determine which process is best • Compare metrics • Usability and compliance

  21. Start Pulling it Together • Complete a data dictionary • Map all data from all data tables • Identify what's missing • Fill in the blanks • Compete a test conversion Document…document…document

  22. Connections • Review where the records system feeds or gets data from other applications • Integrations with other downstream systems are in place and accurate • Test each integration as they normally operate

  23. The Migration • Communication Plan • Training Plan • Minute-by-Minute Checklist • All-Hands on Deck • Involve a Cross-section of "them" and "us"

  24. Going "Live" • Provide plenty of communication to ALL users • Remember that to at least a certain % of staff this ALL new • Provide tech huddles, one-on-one support and formalized training • For at least two weeks after the conversion!

  25. Things DO Go Wrong

  26. The Hiccups • Missed data • Wrong mapping • Barcodes don't integrate • Staff decide to have an "attitude" • Last minute executive changes • Server goes down • And on…on..on…

  27. Preventing Failure • Involve Risk Management from both firms • Involve every vendor who's system is involved • The migration team should consist of staff from both firms • Document everything • COMMUNICATE CONSTANTLY!

  28. Synergy and Success • The Staff are a primary concern • Focus on the team effort for the whole of the Firm • Put the right expertise in place • Document everything • Keep a positive attitude • Focus on what needs to be done • Celebrate your successes

  29. Successfully Managing Records and Conflicts Through a Law Firm Merger We believe in utilizing technology while preserving our environment For electronic copies of this presentation, please send an e-mail noting "Managing Records and Conflicts - Law Firm Merger" in the subject line to: LEiring@hewm.com Thanks for your attendance and understanding!

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