Q:  What effect can intelligent staffing have on case handling strategy and cost? How can case managers play a more strategic role in these decisions?

Answer: Staffing matters requires intelligent decision making on who should be working the case from start to finish. Because it’s a cost driver, proper staffing is critical to case strategy and cost. Determining who should perform each activity, however, can be figured out though a relatively easy process.

First, does the activity require legal acumen? If so, determine the complexity. If the activity is highly complex, then it deservedly requires a high-level person. If it requires some legal acumen but is a relatively simple task like drafting a standard document, a paralegal is appropriate. If no legal acumen is required, administrative staff should be assigned.

The second aspect of intelligent staffing requires the assessment of an attorney’s strengths and background. Use a trial attorney for trial – not an attorney who’s never been to court or who dislikes public speaking. If it’s a standard case, one lawyer can likely handle the case from start to finish. Making this decision deliberately will impact case costs and outcome. Look at whether there are multiple people involved with the case. If so, are they all adding value or are they simply participating in activities because that’s the way it’s always been done? Bottomline’s clients see a direct correlation between the number of people working on the case and case duration, so be sure to manage this closely.

Next, look at the case manager’s ability to impact matter staffing. The case manager’s job is to handle the case from start to finish. The right people performing the appropriate tasks can significantly impact the case. So as long as the billing and/or litigation guidelines and the oversight of the case are not impeding counsel’s independent professional judgment, the case manager has the responsibility for making sure the matter has the appropriate professionals working on the case. Note that the time to initiate staffing discussions is at the beginning of the case when the strategy and plan are created. Ask who will perform which activities? Understand the skill sets of those performing the most complex tasks. Last but not least, whenever invoices arrive, review who is actually working on the case. Is it the same person consistently or is it constantly being transitioned to other attorneys? Important facts or evidence can be lost when a case passes from person to person, and legal arguments can be forgotten or lose emphasis if the person making the argument wasn’t the one who discovered its validity to the case.

Depending on whether you’re in a corporate legal department or insurance company, managing staffing changes can differ significantly. Corporate attorneys often have the advantage of monitoring a case more closely than an insurance adjuster, and are usually aware when staff changes are made. However, adjusters tend to manage dozens of cases at a time, and although case guidelines almost always require pre-approval for staff changes, it doesn’t always occur. As a result, it is the case manager’s responsibility to speak with the managing partner if the change is not appropriate or made without the proper approval. Regardless, take the opportunity to collaborate with your firms when changes are made.

In summary, staffing should be managed for two related and important reasons - case outcome and case cost. Keep the following considerations in mind when making staffing decisions:

1. An analysis of the legal acumen required
2. A determination if an attorney has the appropriate background and experience
3. The creation of a staffing strategy at the beginning of the case; and
4. Management to a plan since ramp-up time and loss of case facts impact duration.

A legal spend management solution like Legal eXchange can support this analysis and enable the case manager to focus more closely on case strategy instead of just case staffing.