Agile Contracting. Overcoming your Lawyers Pavlov Responses

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Overcoming the legal departments Pavlov responses

AGILE CONTRACTING

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2 AGILE CONTRACTING©2012 Capgemini. All Rights Reserved

SANDER HOOGENDOORN

Capgemini

� Principal technology officer

� Global agile thought leader

� Chief architect Accelerated Delivery Platform

Other

� Author books on UML, agile (2)

� Author +200 articles

� Speaker +100 international conferences

� Microsoft Partner Advisory Council .NET

� Editorial boards & Advisory boards

Web

� www.sanderhoogendoorn.com

� www.ditisagile.nl | www.smartusecase.com

� @aahoogendoorn @ditisagile

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3AGILE CONTRACTING©2012 Capgemini. All Rights Reserved

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RUTGER ALSBACH

Capgemini

� Associate General Counsel

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AGENDA

What does being agile mean?

What does Legal uncertainty mean?

Living on a pink cloud

Legal bears on the road

Pavlov Lawyers

Situation 1. Classic RFP’s

Situation 2. Agile RFP’s

Situation 3. Greenfield

Where can agile go wrong legally?

Some legal advice

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WHAT DOES BEING AGILE MEAN?

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Scrumdamentalism and other anti-patterns. Yes, your agile projects can fail too

LIVING ON A PINK CLOUD

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WHERE CAN AGILE GO WRONG?

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#SUCP

Iteration

Total #SUCP w/o prod.support SUCP Accepted To accept Approved To approve

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How uncertainties result in cast-in-concrete contracts

LEGAL BEARS ON THE ROAD

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Defining results versus defining process

PAVLOV LAWYERS

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WHAT DOES LEGAL UNCERTAINTY MEAN?

Lawyers are often unfamiliar with agile approaches

They want to know but are not sure

� How to weigh things (how to establish a breach of contract by lack of black-and-white requirements and acceptance)

� When to start yielding the sword(sending notices of default, etc.)

� Whose head(s) will be on the line(playing the blame game)

So, avoid them altogether?

� After all agile can’t go wrong, or can it?

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SITUATION 1. CLASSIC RFPProjects could be better handled agile but client is unaware

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SITUATION 2. AGILE RFP WITH CLASSIC REQUIREMENTS / T&C’S

Client requires agile but is unaware of the consequences

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SITUATION 3. GREENFIELDClient desires agile and is aware of the consequences

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WHERE CAN AGILE GO WRONG LEGALLY?

Square contracts in a round (agile) approach

� Fixed price, fixed date, fixed results

� Binary acceptance, early escalation

� Using legalese for communication

Scrumdamentalism

� Obligations too non-committal or open-ended

� Absence of formal measurement of progressand results, lack of formal communication

� Nobody held accountable when somethinggoes wrong, late escalation (or none at all)

Wrong incentives / KPI’s for teams and team members

� What is the unit of payment? Hours, points?

� Obfuscation of financial drivers

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SOME LEGAL ADVICE

Beware of pink-cloud projects

Check your client / yourself as a client

� Does the client / the project need agile?

� Is the client ready for agile? Does the client need to be educated? Does he want that?

Create a trusted relationship

Avoid cast-in-concrete contracts

� Allow for new insights

� Allow for lenience in billing

� Contract the process over results

Ensure continuous professional communication

Agile Contracting. Overcoming your Lawyers Pavlov Responses

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