Peer to Peer Magazine

P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | S P R I N G 2 0 1 9 47 guidance on coding calls, and for large files and spreadsheets to be loaded. • Defects: metrics showed certain reviewers were either too slow or frequently made mistakes; the coding panel was too long and complicated; the documents in the review set had not been properly culled. • Non-utilized talent: associates were not training contract reviewers or QC'ing their work; high performing contract attorneys had not been asked to work fulltime; the full analytics function of the review tool had been purchased but was not being used. Getting the team comfortable with, and tackling how to apply, predictive coding was key in speeding the review. • Extra-processing: documents were being reviewed multiple times because the review had not been properly structured, and the protocol was subpar. The QC process was multilayered and ad hoc. By making a Lourdes M. Slater is the CEO of Karta Legal, a female and minority owned consultancy focused on legal process improvement through technology, using Lean Six Sigma and Agile project management to maximize efficiencies and optimize the success of innovation initiatives. She has a J.D. from the University of Pennsylvania and is a Certified Lean Six Sigma Sensei. She has 25 years of experience in high profile matters. She worked on discovery management for the Madoff Trustee and leads the data, discovery and vendor management in the RMBS cases at Grais & Ellsworth, where she is a Partner. 1 Ohno, T. (1988) Toyota Production System: Beyond Large Scale Production. Productivity Press, New York. 2 Summers, Donna C.S (2011). Lean Six Sigma: Process Improvement Tools and Techniques. One Lake St, Upper Saddle River, New Jersey: Prentice Hall. ISBN 978-0-13-512510-6, p. 135. 3 Six Sigma (n.d.). Lean Manufacturing and Six sigma definitions Retrieve from http://leansix- sigmadefinition.com/glossary/six-sigma/ 4 In practice, Lean should be combined with Agile Project Management to optimize legal processes. Agile is an approach for delivering project requirements iteratively and in waves throughout the cycle of any legal project. By now, all law firms should have some form of project management program in place, meaning the practice of initiating, planning, executing, controlling and closing a specific project to achieve specific goals and meet the success criteria and deadline. 5 Kaizen means "change for the better." 6 Kanban means a visible record (such as a billboard, card, label, or sign). 7 Examples of other tools used in Lean are the 5Ss, 5 Whys, A3 reports, Cause-and-Effect Diagram, and Mistake Proofing. 8 Thomson Reuters (n. D) Alternative Legal Service Providers 2019. Retrieve from https:// legal.thomsonreuters.com/content/dam/ ewp-m/documents/legal/en/pdf/reports/ alsp-report-final.pdf?cid=9008178&sfdccam- paignid=7011B000002OF6AQAW&chl=pr 9 Id. 10 Id. 11 Id. 12 Thomson Reuters (January 10, 2018). Too Many law firms are still fighting the last war:"2018 Report on the State of the Legal Market", Georgetown Law and Thomson Reuters Legal Executive Institute. Retrieve from https:// www.thomsonreuters.com/en/press-releas- es/2018/january/2018-report-on-the-state-of- the-legal-market-from-georgetown-law-and- thomson-reuters-legal-executive-institute.html 13 Id. 14 Cohen, Mark. (January 7, 2019). A banner year for law firms? A different take on the 2019 Citi report. Forbes.com Retrieve from https:// www.forbes.com/sites/markcohen1/2019/01/07/ a-banner-year-for-law-firms-a-different-take- on-the-2019-citi-report/#23268ff81b8e 15 Id. 16 Id. few tweaks, such as applying a near- duplication QC approach, the QC was streamlined, and it became easy to locate coding inconsistencies. Also, the documents were being batched by custodian. In an email heavy review this meant the same email thread was being reviewed sometimes by 4 or 5 attorneys, which also lead to coding defects. We changed the process to batch by email thread, each entire thread to be reviewed by one lawyer. After Kaizen, the team had an improved process plan that made it possible to meet the deadline. Waste in a process is easy to identify. Start with a well-designed scooping document and a Kaizen event and then create a process map that optimizes performance. To sum up There is fierce competition in the market. Law firms need to embrace process improvement to optimize their services and demonstrate to their clients measurable cost savings and efficiencies. By bringing Lean into your practice, you will make a big step towards embracing the new world order. ILTA By making a few tweaks, such as applying a near- duplication QC approach, the QC was streamlined, and it became easy to locate coding inconsistencies.

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