Traditionally, lawyers have been trained to place enormous emphasis on avoiding risk, and little or no emphasis on increasing efficiency. As Ron Friedman put it:
Clients often want to know if there are any major risks: “Let me know if there are any boulders in this playing field.” Lawyers often hear that and think they need to find not just the boulders, but also the pebbles. The fear of being wrong—and of malpractice—runs deep. “Perfection thinking” makes it hard to approximate, to apply the 80-20 rule, [or] to guide in the right direction but with some imprecision.
But as in-house departments are increasingly pressured to control costs, they in turn are pressuring outside law firms to find ways to increase efficiency. Business process improvement is one path to the lower costs that many clients are demanding.
There is no shortage of theories, tactics, or opinions about the best way to increase efficiency, and hundreds of books and articles have been written on business process improvement and related techniques. Many of these systems have become so complicated and demanding that you can earn an MBA in the field, supporting what Susan Page called “the myth that business process improvement must be time consuming and complex” in her book The Power of Business Process Improvement.
This two-part blog series describes four approaches to business process improvement that we have developed with lawyers to increase legal efficiency quickly, listed in order of ease of use. We recommend that most lawyers start with Approach #1, which is limited to two simple questions. For critical, time consuming, and repetitive processes, we outline three increasingly sophisticated options which require more time, but can be more effective in simplifying the way you handle legal matters.
Approach #1: Two questions to improve a business process
- Of all the things you do for clients, what legal work provides the biggest opportunity to deliver greater value quickly or to increase efficiency?
- What could you do to improve this process?
Then do it.
Yes, this is so simple that it sounds trivial. But if in fact you stop and think about where inefficiencies lie, and act on what you already know, chances are you can increase efficiency very quickly.
No, it isn’t brain surgery, but for some lawyers, Approach #1 is a great way to get started. If you prefer an approach that is a bit more detailed, consider this longer list of questions.
Approach #2: 10 questions to improve a business process
- What steps and activities are typically included in this process?
- Which steps and activities does the client value most?
- Which steps and activities do not add value, and could be eliminated?
- Could you standardize and/or streamline the process?
- Could you reduce or eliminate repetition?
- Could you reduce or eliminate bottlenecks?
- Could you improve communication within the team and/or with clients?
- Could you reduce cost by delegating some tasks to junior staff who bill at lower rates?
- Could you reduce cost by “delegating up” some tasks to senior staff who can complete a task quickly at a low total cost?
- Could you reduce cost through legal process outsourcing of selected tasks to another law firm or a legal support services company in the US or in another country?
Part 2 of this series will describe two additional approaches.