publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/535467
ILTA WHITE PAPER: JUNE 2015 WWW.ILTANET.ORG 14 RESISTANCE TO PROCESS IMPROVEMENT AND COLLABORATION In their white paper titled Applying Continuous Improvement to High-End Legal Services, Clifford Chance explained why process improvement has met resistance in the legal profession: "The threshold challenge for applying continuous improvement in this industry is that lawyers historically have not been trained to look at the work they do as a process. This can be traced back to law's heritage as a professional apprenticeship. Trainee lawyers learn by observing how more senior lawyers operate; the focus is on the acquisition of knowledge and expertise, rather than understanding the 'how' or 'why' of service delivery." The result is not a lack of process, but fewer fully standardized processes. When applying continuous improvement in the legal sector, then, the first step must involve bringing everyone together to map out an agreed and standard process for delivering the given task, creating a foundation for improvement. This often challenges those involved to think about what they do on a daily basis, and have often done over many years, in a completely new way." Further complicating progress at the macro level is that lawyers are not known as natural collaborators. A recent post by Joe Lamport on Good2BSocial called "Why Big Law Partners Don't Play Nice in the Sandbox" claimed that "resistance to collaboration is…deeply engrained in the big law partner's sense of professional identity. Many big law firms have established compensation schemes that completely work against fostering the spirit of collaboration." Collaboration will be key for successful players in this new paradigm. As an example, the Sutherland firm was featured in an article in Law Practice Today called "Legal Project Management from the Inside" on process improvement. Sutherland found that feedback interviews were one of their most effective tools in managing the client relationship. By finding out what their customers really thought, they improved not only dialogue with their key customers, but also the perception of the customer service they were offering. THE NEED TO DEFINE FIRM PROCESSES Part of the challenge for firms moving from the "old way of doing things" is figuring out what the exact processes of their practice are; only then can they be analyzed and improved. In a story by Hanson, Millard and Thompson called "Mastering Complexity" in Managing Partner magazine, the authors noted three broad processes firms can examine to improve their overall practice: • Collaboration Processes: These facilitate lawyers collaborating together on a matter. They are especially important if the firm has multiple offices or operates a virtual business model (such as a significant work-from-home component). • Work Product Processes: These processes result in the actual creation and delivery of work product to clients, from matter opening to closure. • Knowledge Management Processes: These processes involve the collection and codification of knowledge, so it can be delivered back to lawyers when needed on subsequent matters. In a separate story called "Optimizing Processes," the authors found that typical business processes required to operate a law firm fell into seven primary areas: • Developing strategy and business plans • Managing finances • Opening, running and closing matters • Managing client relationships • Developing business • Managing people who work in the firm • Delivering a legal transaction or advice TECHNOLOGY: CHANGING THE ATTORNEY-CLIENT RELATIONSHIP FOR THE BETTER!