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Systems for Controlling Costs in Litigation. LAWSUITS AS MANAGEABLE PROJECTS. John M. Johnson Lightfoot, Franklin & White Birmingham, Alabama. Litigation Management in a New York Minute A One-Day NETWORK OF TRIAL LAW FIRMS SuperCourse August 8, 2003. WHY ARE WE TALKING ABOUT BUDGETS?.
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Systems for Controlling Costs in Litigation LAWSUITS AS MANAGEABLE PROJECTS John M. JohnsonLightfoot, Franklin & White Birmingham, Alabama Litigation Management in a New York MinuteA One-Day NETWORK OF TRIAL LAW FIRMS SuperCourseAugust 8, 2003
WHY ARE WE TALKING ABOUT BUDGETS? “Clients expect lawyers to manage the legal work, not simply perform it. They expect lawyers to become project managers. . . . Business executives now subject legal costs budgets to the same scrutiny as they do other parts of the business concern.” Committee on Corporate Counsel Newsletter, Vol. 17 No. 2, Page 11 & 12` 02
WHY ARE WE TALKING ABOUT BUDGETS? • There are no legal budgeting systems on the market that work adequately. • Will be presenting two systems today that will work: • System based on Microsoft Excel • System based on Microsoft Project • Both are based on ABA’s Task Based Billing Code. • We have templates for both that we can provide. 03
BUDGETING USING MICROSOFT EXCEL • Advantages • Most lawyers and clients have software and are familiar with it. • Relatively easy to use. • Disadvantages • Only allows tracking of fees and expenses. • Less flexible. • Harder to adjust budget when things change. 07
BUDGETING USING MICROSOFT EXCEL • Forms • Will be posting forms and instructions on our website www.lightfootlaw.com. • Can request forms now by sending an e-mail to jjohnson@lightfootlaw.com. 08
BUDGETING USING MICROSOFT PROJECT • Why? • Because it lets you see everything that is planned in the case. • And everything that happens in the case. • Provides much greater flexibility. • Provides a realistic framework for incentives and alternate fee arrangements. 09
BUDGETING USING MICROSOFT PROJECT • What is Microsoft Project? • It is a project planning software designed to be used on construction projects, product development projects, engineering projects and others. • It does not have a legal template, but we have developed one which we will also share. • Clients like it because it works by treating lawyers like pieces of equipment. 10
BUDGETING USING MICROSOFT PROJECT • Define the tasks – task type must be “fixed work” • Define resources and assign to tasks • Define task work hours • Define task start due date • Define task duration • Finish date will be calculated • Cost Fields • Total costs = Costs • Expenses = Fixed costs / Custom cost field • Fees = Custom cost field 12
BUDGETING USING MICROSOFT PROJECT Defining tasks using ABA codes 13
BUDGETING USING MICROSOFT PROJECT Defining tasks using ABA codes 13
BUDGETING USING MICROSOFT PROJECT Define Resources 15
BUDGETING USING MICROSOFT PROJECT Define Resources 15
BUDGETING USING MICROSOFT PROJECT Define Work Hours 16
BUDGETING USING MICROSOFT PROJECT Define Work Hours 16
BUDGETING USING MICROSOFT PROJECT Define Start Date and Duration 17
BUDGETING USING MICROSOFT PROJECT Define Start Date and Duration 17
BUDGETING USING MICROSOFT PROJECT Identify Costs • Experts • Data Bases • Travel • Transcripts 18
BUDGETING USING MICROSOFT PROJECT Identify Costs 19
BUDGETING USING MICROSOFT PROJECT Identify Costs 19
BUDGETING USING MICROSOFT PROJECT Reports • Entire Case Budget • Breakdown by year, quarter, month or week • Actual Cost Tracking • Total Case History at anytime 20
BUDGETING USING MICROSOFT PROJECT Reports 21
BUDGETING USING MICROSOFT PROJECT Reports 22
BUDGETING USING MICROSOFT PROJECT Projected Cash Flow 23
BUDGETING USING MICROSOFT PROJECT Actual Cash Flow 24
OTHER ADVANTAGES Lets you see all work that is planned. Lets you see who is scheduled to perform work. Lets you track critical path work. Allows easy adjustment. It requires the legal team to plan their strategy and work early, and that, by itself, saves money. 25
BUDGETING USING MICROSOFT PROJECT Most companies with engineering departments have software. For those that don’t it is readily available. Instruction sheet on how to enter data is included in handout. Templates and forms are available by emailing jjohnson@lightfootlaw.com. 28