Digital White Papers

November 2015: Business and Financial Management

publication of the International Legal Technology Association

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ILTA WHITE PAPER: NOVEMBER 2015 WWW.ILTANET.ORG 15 The Toyota Production System (Lean) is a process improvement methodology that focuses on the identification and elimination of waste and "non-value-added" activities. The goal is to promote a process that provides what is needed, when it is needed and in the amount needed, using only minimum materials, equipment, labor and space. Lean includes tools and techniques for evaluating processes and vetting waste. Matters or components of matters best suited for a Lean evaluation include the following characteristics: • Repetitive processes • Low risk of scope change • Clearly defined strategic goals clarity can be promoted through the integration of legal project management (LPM) into a lawyer's matter intake and management workflows. The word "legal" has been added to the term "project management" because attorney workflows, unlike other professional disciplines, are governed by a different set of ethical rules. Any project management program must be benchmarked against a lawyer's particular ethical rules and requirements. LPM techniques should be used to control those aspects of the practice of law that result in unclarified expectations, scope creep and unexpected increases in costs — all of which contribute to client dissatisfaction. On the client side, these variables are caused by authorizing work prior to understanding the issues; on the law firm side by lack of planning and communication. LPM helps limit these occurrences by: • Providing a step-by-step workflow for both attorneys and clients to clarify scope, risks and assumptions • Confirming stakeholder requirements • Setting reasonable budgetary expectations • Identifying client communication requirements before work begins LPM can be implemented in any type of legal matter, whether litigation, transactional, simple or complex. LPM techniques complement legal expertise by driving the lawyer to provide more information to the client at the outset of the case and to proactively manage and control the matter throughout the engagement. OBJECTIVE 2: Create Opportunities for Process Improvement (Lean) Whether operating under a standard hourly billing model or an alternative approach such as fixed fees or blended rates, process improvement techniques are critical to ensure quality legal services and efficiency. After providing lawyers with a foundation in LPM, the next step is to integrate procedures for evaluating and improving legal processes. MAXIMIZING VALUE: ELIMINATING WASTE THROUGH LEGAL PROCESS EXCELLENCE LPM techniques should be used to control those aspects of the practice of law that result in unclarified expectations, scope creep and unexpected increases in costs — all of which contribute to client dissatisfaction.

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