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 14 A word of caution before getting started with any of the above approaches: Lawyers and legal teams must be willing to change. This willingness can arise from the need to retain a client, increase market share with a client or differentiate services for all clients. However, without this element in place, a law firm's efforts to create opportunities for improvement will struggle and probably fail. OBJECTIVE 1: Educate Lawyers on Legal Project Management Techniques Many in-house counsel hire their lawyers based on trust, and the price of legal services might be only a secondary consideration. Outside lawyers believe this element of trust and relationship will override any potential failures in price. This theory fails to recognize, however, that inherent in trust is clarity. The attorney-client relationship is the art of managing expectations, which can be improved through clarity, and Performing unnecessary tasks can occur when tasks/activities are duplicative of work performed by other team members, when tasks/activities are conducted in error or due to lack of instruction, or when team members make mistakes due to an error in judgment. Delays resulting in starts and stops in a matter that might require lawyers to re-educate themselves when returning to the matter after several weeks or months. Rush orders that require significant work to be performed to meet a deadline prior to a clear understanding of the requirements. Underutilizing the creativity or innovative thinking of the team. HOW CAN LAWYERS IMPROVE? There have been many methodologies discussed in the past five years to evaluate and improve legal processes. Prior to undertaking a process improvement evaluation, you must understand how and when these methodologies should be used, the types of matters that are most appropriate for evaluation, and what information is critical for the improvement of process. Three common methodologies for improving lawyer workflows are project management, process improvement (Lean) and process improvement through data analysis (Six Sigma). These techniques can be applied in isolation or as a complete program. Recognizing that lawyers must balance the demands of their practice with the integration of these techniques, the following sequence is the most practical for lawyers and law firms embarking on a journey toward legal process excellence: MAXIMIZING VALUE: ELIMINATING WASTE THROUGH LEGAL PROCESS EXCELLENCE Objective One: Project Management Implement techniques to clarify expectations with the client as to scope, cost and communications; and use that information to proactively manage and control the matter. These measures will help stabilize the process. Objective Two: Process Improvement and Lean Once the matter is under control, conduct a thorough evaluation of repetitive processes to remove waste, reduce cycle time and, ultimately, reduce cost. Objective Three: Process Improvement Through Data Analysis and Six Sigma Capture data regarding matter workflows in order to evaluate statistical trends, variables and anomalies. The purpose is to evaluate and control the process and identify opportunities for continued improvements.

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