Agile Contracting. Overcoming your Lawyers Pavlov Responses

11/1/2012

AGILE CONTRACTING
Overcoming the legal departments Pavlov responses

11/1/2012

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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©2012 Capgemini. All Rights Reserved

11/1/2012

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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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LIVING ON A PINK CLOUD
Scrumdamentalism and other anti-patterns. Yes, your agile projects can fail too

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WHERE CAN AGILE GO WRONG?

#SUCP Total #SUCP w/o prod.support SUCP Accepted To accept Approved To approve
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11/1/2012

LEGAL BEARS ON THE ROAD
How uncertainties result in cast-in-concrete contracts

11/1/2012

PAVLOV LAWYERS
Defining results versus defining process

11/1/2012

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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11/1/2012

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


11/1/2012

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. GREENFIELD
Client 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 progress
and results, lack of formal communication
Nobody held accountable when something
goes 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


11/1/2012

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


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