Departments and firms may hire a consultant for a specific project with documented and quantifiable goals. If the firm is not able to provide a list of specific goals beyond, say, increasing billable hours, then the first task is to find a person capable of assessing needs and mapping goals in a project plan. This same person, however, may not have the appropriate skills to actually implement the plan. While the types and backgrounds of consultants vary widely, both the selection process and the "client-consultant" relationship are similar. It is important to note that no project, however carefully constructed, will succeed without the buy-in of the effected parties, e.g. litigators, paralegals, accounting and litigation support staff. This is where business process meets culture.

Limiting those involved to only the relevant parties during the planning phase seems obvious but is often missed. It is critical to know which roles are ancillary to the effort. The final draft of the project plan, however, may require validation from previously unheard voices.

2. Firm Project Validation

If the goal is to standardize how the firm handles Electronic Discovery, then one should first identify all the people involved in the process. It is important to gain insight from these parties. They are the persons who will make the new procedures a success. The net result is a solution which everyone can accept - at least on paper. Depending upon the scale of the project, it may be helpful to create several, smaller sub-projects.  These “sub-projects” will be easier to manage, and should increase the chance for overall success.

Note: Some projects may require involvement with outside parties, such as vendors and clients. Do not exclude these persons from the planning and validation processes.

People tend to stay at the same firm for a long time. It is not surprising to find people with ten or more years of loyal service. These people include both attorneys and support staff. In addition to being a legal, accounting and/or technical expert, these persons know the politics and history behind current operating procedures. Their validation of proposed changes is critical. This is not to say that complete acceptance by everyone is always possible. Every effort, however, must be made to address the needs and concerns of all involved. Once the project is documented completely, it is time to determine which goals the firm can accomplish on its own versus those requiring an outside consultant. These projects may occur prior to, during, and after those requiring a consultant. Be flexible. It is the result which is important.

3. In-House Labor versus Outside Consultant Considerations

There are many reasons to hire an outside consultant. For law firms, an outside consultant can bypass firm politics, hierarchy and the priorities of an active case load. Consultants provide an outside perspective and the benefit of previous experience. Where a law firm may migrate from one software title to another only once every few years, a consultant may perform the same work many times each year. Consultants also allow for minimal business disruption.

In-house workers have different priorities than an outside consultant. They may have hard deadlines related to active cases. In the litigation support department, creating a production for opposing counsel will always be more important than organizing legacy databases. This is not to say that in-house talent is not capable of creating and executing these projects. But it may be in the firm's best interest to have staff members managing the outside consultant while concentrating on their cases. In this manner, they can make certain the projects are progressing appropriately. In the end, these are the same people who will maintain and be responsible for the success of the consultant's work.

For example, the litigation support staff may not only be too busy with existing caseloads to try and create protocols, they may not have enough political pull to get them implemented. Billable work and active case work will always take precedence over non-billable initiatives. An outside consultant is beholden to neither case load nor hierarchy.

As the funds for the outside consultant ultimately come from the partners, the choice whether to hire a consultant should be a business decision. If the firm must achieve goals associated with soft cost issues, such as implementing best practices, those championing the cause should relate goals to financial benefits. In effect, one must be able to illustrate that an investment of “X” dollars today will result in a one-time or annual savings of “Y” dollars.

4. Find the Consultant

To determine which qualifications the consultant should have, one must first consider the required goals. If the person is to address technical and operational litigation support issues, the most relevant experience would be running a litigation support department. Guidance and validation by the litigators and paralegals of the overall project plan and end goals helps to ensure appropriate results.

To begin the search, ask for referrals. Friends at other firms may be able to provide advice regarding issues they encountered with a particular type of project or consultant. There are also many e-mailing lists on the Internet, such as those found at Yahoo! Groups. These can be great sources of information. The persons who participate in their lists can help identify consultants, or at least point you in the right direction.

It is in your best interest to locate multiple consultants. As with any good or service, multiple quotes are the consumer's best way to assess the proper value of a project. Be sure to account for background and experience when comparing prices. A consultant with a JD will probably charge more than a person with paralegal or litigation support credentials. Thanks to the project plan, the required skills and optimal credentials are known. It may not make sense to pay for more expertise than is needed. This is especially true if their field experience and publications are directly relevant to the project.

5. Perform Background Checks

Now that we have identified consulting candidates, it is time to check their backgrounds and references. References may be difficult in law firms due to privacy issues. One law firm may not wish another to know who they hire, nor the details of the work. Some firms do not even disclose which books they buy. It is fairly common, however, for a person at one firm to call a friend at another to get their personal opinion on a third party.

If the consultant publishes, read their work. These texts are a great way to learn the consultant’s opinions and approaches to similar issues. Many consultants will also post to the aforementioned mailing lists. These posts are normally archived. As such, you can search for and read what has been said in the past. The surrounding discussions may reveal everything you need to make a decision.

6. Consultant Validation of Project

It is time to provide the project plan and goals to the consultant for their review. The consultant will assess the feasibility of the plan and the likelihood of success. The consultant should be able to express a clear understanding of the project plan and how the goals will affect operations. They should validate the overall project, including any adjustments to the time line, milestones and requirements.

Once the firm and consultant agree upon the checkpoints and time line for various stages of the project, work can commence.

7. Project Commencement

Where the project begins, this paper ends. At this point, the project should have an excellent chance of success. Ultimately, the success of any project is tied to the amount of preparation and the final acceptance by the users.