Legal strategic analysis planning and evaluation control system and method

• US 5,875,431 A
• Filed: 03/15/1996
• Issued: 02/23/1999
• Est. Priority Date: 03/15/1996
• Status: Expired due to Term

• Current Assignee: Bruce Kauffman, Frank Heckman, Miles Zaremski, Stuart E. Rickerson
• Original Assignee: Bruce Kauffman, Frank Heckman, Miles Zaremski, Stuart E. Rickerson
• Inventors: Rickerson, Stuart E., Kauffman, Bruce, Heckman, Frank, Zaremski, Miles
• Primary Examiner(s): TKACS, STEPHEN R
• Application Number:
  US08/617,527
• Time in Patent Office: 1,075 Days
• Field of Search: 705/1, 705/7, 705/8, 705/11, 705/9, 705/30, 705/35, 705/400, 707/100, 707/104, 235/375
• US Class Current: 705/7.16
• CPC Class Codes: G06Q 10/04 Forecasting or optimisation specially adapted for administrative or management purposes, e.g. linear programming or "cutting stock problem" market predictions or forecasting for commercial activities G06Q30/0202
• CPC Class Codes: G06Q 10/063116 Schedule adjustment for a person or group
• CPC Class Codes: G06Q 10/06316 Sequencing of tasks or work
• CPC Class Codes: G06Q 10/0633 Workflow analysis
• CPC Class Codes: G06Q 10/0637 Strategic management or analysis, e.g. setting a goal or target of an organisation; Planning actions based on goals; Analysis or evaluation of effectiveness of goals
• CPC Class Codes: G06Q 10/06375 Prediction of business process outcome or impact based on a proposed change
• CPC Class Codes: G06Q 10/1093 Calendar-based scheduling for persons or groups
• CPC Class Codes: G06Q 30/0204 Market segmentation

Abstract

This invention is directed to a strategic planning control system, and more particularly to a computer-based, closed-loop legal strategic planning system and method having iterative convergence to an optimal strategy and dynamic tracking of current prevailing legal climates. The system of this invention includes a computer-generated legal strategy for streamlining the legal process by converting it from a traditional task-oriented system to a process-oriented system. By so doing, predetermined objectives and tasks are defined according to a disciplined time schedule, cost targets are defined, and deliverables agreed upon prior to beginning the legal process. A key aspect of the system and method of this invention is a series of computer programs which provide a strategic planning template outlining the objectives and tasks, and their associated timing. The template is case category and case type specific and presents the "best practices" strategic process from which to launch a legal action. The "best practices" are taken from previously concluded well managed cases having a similar case category and case type as the instant case, and which have been identified as paradigms. Three closed-loop control systems are integrated into the system and method of this invention for dynamically monitoring and measuring legal cost reporting and billing, for dynamically monitoring and measuring attainment of objectives and milestone tasks, and for dynamically measuring and controlling the deliverables derived from the timely completion of the legal objectives and tasks. These control systems have special features for maximizing the likelihood of a desired legal outcome, increasing legal productivity, minimizing the cost to achieve that outcome.

Claims

1. An outcome-oriented, closed-loop legal strategic planning and control system comprising in operative combination:

a) a service provider having a first computer system, said first computer system having a central processing system, a memory storage means, and a telecommunications means, said first computer system further comprising;

i) a historical legal case database, said historical legal database containing attribute data on completed paradigm legal cases,

ii) an evidentiary resources database containing therein information to be used in the preparation and prosecution of a legal action,

iii) a baseline template database having therein baseline templates for the execution of a legal process, said baseline templates further comprising objectives, tasks, and activities predetermined to provide the maximum likelihood for a desired legal outcome, and costs and schedules associated with said objectives, tasks and activities, and

iv) a service pass-through means to permit access to third party databases, said third party databases containing information supplemental to information contained in said historical case database and said evidentiary resources database;

b) at least one client service subscriber, said service subscriber having at least one second computer system, said second computer system having a central processing system, a memory storage means, a display means, and at least one of a telecommunications means, optical disk drive, magnetic disk drive, and flash memory;

c) at least one law firm subscriber, said law firm subscriber having at least one third computer system, said third computer system having a central processing system, a memory storage means, a display means, and at least one of a telecommunication means, optical disk drive, magnetic disk drive, and flash memory;

d) a computer readable program code system accessible by said first computer and said second computer, said computer code further comprising;

i) a first computer readable program code subsystem for configuring said second and said third computer systems to perform in any operational order at least one of accepting the keystroke entry of a user identification and password by the user of said computer readable program code system, accepting by user keystroke entry the selection of a task to be performed by said second or third computer system including at lest one of the activation of a second or third computer readable program code subsystem, interfacing to telecommunications for downloading, uploading and for access to external computer readable database and computer applications, and for providing automatic reminders or suggestions to the user upon the occurrence of a set of predetermined conditions,

ii) a second computer readable program code subsystem for configuring said second and said third computer systems for at least one of entry of a first set of case-specific data and a second set of law firm-specific data, for determining and for providing a preliminary forecast of tasks and activities based upon entry of said case specific data, for providing projected costs for said tasks and activities, for permitting modification of said tasks, activities, and costs, for permitting entry of actual costs and completion dates of said tasks and activities, for permitting downloading and uploading of said actual costs and completion dates to said third computer system, for permitting transfer of updated baseline templates from said baseline template database of said first computer system to said memory storage means of said second computer system, and for transferring completed case information to said historical database of said first computer system,

iii) a third computer readable program subsystem for configuring said second and said third computer systems to permit access to at least one of said evidentiary resources database of said first computer system, and to said third party database.

2. Method for an outcome-oriented, closed-loop legal strategic planning and controls system comprising the following steps in any operative order:

a) providing a service provider having a first computer system, said first computer system having a central processing system, a memory storage means, and a telecommunications means, said first computer system further performing the steps of;

i) providing a historical legal case database, said historical database containing attribute data on completed paradigm legal cases,

ii) providing an evidentiary resources database containing therein information to be used in the preparation and prosecution of a legal action,

iii) providing a baseline template database having therein baseline templates for the execution of a legal process, said baseline templates further comprising objectives, tasks, and activities predetermined to provide the maximum likelihood for a desired legal outcome, and costs and schedules associated with said objectives, tasks and activities, and

iv) providing a service pass-through means to permit access to third party databases, said third party databases containing information supplemental to information contained in said historical case database and said evidentiary resources database;

b) providing at least one client service subscriber, said service subscriber having at least one second computer system, said second computer system having a central processing system, a memory storage means, a display means, and at least one of a telecommunications means, optical disk drive, magnetic disk drive, and flash memory;

c) providing at least one law firm subscriber, said law firm subscriber having at least one third computer system, said third computer system having a central processing system, a memory storage means, a display means, and at least one of a telecommunication means, optical disk drive, magnetic disk drive, and flash memory;

d) providing a computer readable program code system accessible by said first computer and said second computer, said computer code performing the steps of;

i) configuring said second and said third computer systems with a first computer readable program code subsystem for performing in any operational order at least one of the steps of;

accepting the keystroke entry of a user identification and password by the user of said computer readable program code system, accepting by user keystroke entry the selection of a task to be performed by said second or third computer system including at least one of the activation of a second or third computer readable program code subsystem, interfacing to telecommunications for downloading, uploading and for access to external computer readable databases and computer applications, and for providing automatic reminders or suggestions to the user upon the occurrence of a set of predetermined conditions,

ii) configuring said second and said third computer systems with a second computer readable program code sybsystem for performing in any operational order at least one of the steps of;

entering a first set of case-specific data including at least case type and case category, entering a second set of law firm-specific data including authorized billers and billing rages, determining and providing a preliminary forecast of tasks and activities specific to the case category and case type based upon entry of said case-specific data, providing projected costs for said tasks and activities, modifying said tasks, activities, and costs, entering actual costs and completion dates of said tasks and activities, downloading and uploading of said actual costs and completion dates to said third computer system, transfering updated baseline templates from said baseline template database of said first computer system to said memory storage means of said second computer system, and transferring completed case information to said historical database of said first computer system,

iii) configuring said second and said third computer systems with a third computer readable program subsystem to permit accessing at least one of said evidentiary resources database of said first computer system, and said third party database.

3. Method for a legal strategic planning and control system as in claim 2 further comprising, in any operative sequence, the steps of:

a) performing a preliminary analysis upon notification of an event having potential or actual legal repercussion, said preliminary analysis including a gross estimate of the value of a legal action in response to said event and identifying sufficient factual basis to support proceeding with said legal action;

b) identifying the factual and legal issues in the case, and determining from those issues the case category and case type;

c) entering into said second computer readable program code subsystem case specific data including the case category, case type, and type of legal notification into said second computer readable program subsystem;

e) entering into said second computer readable program code subsystem law firm-specific data including authorized billers and their billing rates;

f) selecting the appropriate baseline template appropriate to the case category, case type and the legal notification type, said selection being provided by said second computer readable program code based upon entry into said second computer readable program subsystem of the case category and case type,

g) merging said case specific data and said law specific data with said baseline template to provide a preliminary forecast, said preliminary forecast containing a list of objectives, tasks, and activities, their schedule and expected costs for said objectives, tasks and activities;

h) obtaining consensus on and optionally modifying said list of objectives, tasks and activities, and their schedule and costs to produce a legal strategic plan wherein agreed upon objectives, tasks, activities and costs are established;

i) executing the objectives, tasks, and activities of said legal strategic plan, and entering into said second computer readable code subsystem the actual completion dates and costs of said objectives tasks and activities,;

j) comparing the actual completion schedule and costs with the agreed upon schedule and costs in the legal strategic plan;

k) identifying any variances between the actual schedule and costs as compared to the agreed upon schedule and costs,

l) performing a causation analysis to determine the source of any variances identified;

m) mitigating the source of variance;

n) perform an outcome modeling analysis to determine if the original assumptions are still true and if the elements of the legal strategic plan are still appropriate, and

o) continuing execution of the strategic plan including comparing actual schedules and costs of said objectives, tasks, and activities, performing a variance analysis, and mitigating any variances, said continuing execution creating a cost control system for on-going, real time cost management, and a litigation control system for on-going, real-time management of schedules and deliverables.

4. Method for a legal strategic planning and control system as in claim 3 further comprising, in any operative sequence, the steps of:

a) identifying contingencies; and

b) ascertaining whether said contingencies have a significant impact to the case.

5. Method for a legal strategic planning and control system as in claim 3 further comprising, in operative sequence, the steps of:

a) accessing said evidentiary resources database of said first computer system to identify expert witnesses, best arguments for the case, and to identify the kinds of evidence successfully used in prior cases.

6. Method for a legal strategic planning and control system as in claim 3 further comprising, in operative sequence, the steps of:

a) uploading case information from said second computer readable code subsystem to said historical information data base of said first computer system, said uploaded data being stored in said historical database for consideration as a paradigm on which to build a baseline template to provide and iteratively converging closed loop legal strategic planning and control system.

7. Method for a legal strategic planning and control system as in claim 6 further comprising, in operative sequence, the steps of:

a) updating the said baseline template database of said first computer system with contemporary baseline templates developed from recent case paradigms to provide a dynamically adaptive closed-loop legal strategic planning and control system.

8. A computer useable medium having a computer readable program code means embodied therein for causing the creation of a legal strategic plan and the implementation of a closed-loop, iteratively converging, and dynamically adaptive legal strategic planning and control system, the computer readable code means in the computer program product comprising:

a) a first computer readable program code means for configuring a second computer system located at a service subscriber site and a third computer system located at a law firm to perform in any operational order at least one of accepting the keystroke entry of the user identification and password of the user of said computer readable program code system, accepting by user keystroke entry the selection of a task to be performed by said second or third computer system including at least one of the activation of a second or third computer readable program code means, interfacing to telecommunications for downloading, uploading and for access to external computer readable databases and computer applications, and for providing automatic reminders or suggestions to the user upon the occurrence of a set of predetermined conditions;

b) a second computer readable program code means for configuring said second and said third computer systems for receiving entry of at least one of a first set of case-specific data and a second set of law firm-specific data, for determining and for providing a preliminary forecast of tasks and activities based upon entry of said case specific data, for providing projected costs for said tasks and activities, for permitting modification of said tasks, activities, and costs, for permitting entry of actual costs and completion dates of said tasks and activities, for permitting downloading and uploading of said actual costs and completion dates to said third computer system, for permitting transfer of updated baseline templates from a baseline template database of a first remote service provider'"'"'s computer system to a memory storage means of said second computer system, and for transferring completed case information to said historical database of said first computer system; and

c) a third computer readable program code means for configuring said second and said third computer systems to permit access to at least one of said evidentiary resources database of said first computer system, and to a third party commercial database.

9. A program storage device, readable by a machine, tangibly embodying a program of instructions executable by the machine to perform method steps for the creation of a legal strategic plan and for implementing a legal strategic planning and control system, said method steps comprising:

a) configuring a second service subscriber'"'"'s computer system and a third law-firm'"'"'s computer system with a first computer readable program code subsystem for performing in any operational order at least one of the steps of;

accepting the keystroke entry of the user identification and password of the user of said first computer readable program code subsystem, accepting by user keystroke entry the selection of a particular task to be performed by said second or third computer system including at least one of the activation of a second or third computer readable program subsystem, interfacing to telecommunications for downloading, uploading and for access to external computer readable databases and computer applications, and for providing automatic reminders or suggestions to the user upon the occurrence of a set of predetermined conditions;

b) configuring said second and said third computer systems with said second computer readable program code subsystem for performing in any operational order at least one of the steps of;

entering a first set of case-specific data including at least case type and case category, entering a second set of law firm-specific data including authorized billers and billing rates, determining and providing a preliminary forecast of tasks and activities specific to the case category and case type based upon entry of said case specific data, providing projected costs for said tasks and activities, modifying said tasks, activities, and costs, entering actual costs and completion dates to said third computer system, transfering updated baseline templates from a baseline template database of a first service provider'"'"'s computer system to a memory storage means of said second computer system, and transferring completed case information to a historical database of said first computer system;

c) configuring said second and said third computer systems with said third computer readable program code subsystem to permit accessing said historical database, an evidentiary resources database, and said baseline template database of said first computer system, and a third party commercial database.