3 posts categorized "Books"

October 31, 2018

Four approaches to business process improvement (part 2 of 2)

By Jim Hassett and Tom Kane, LegalBizDev

Approach #3: Five steps to improve any business process

Step 1: Make a very quick list of the most critical processes that you want to consider.

If you don’t know where to begin, use the standard task codes described on the UTBMS website. For example, a litigator focused on the discovery phase of cases could begin with these six tasks:

  • Written discovery
  • Document production
  • Depositions
  • Expert discovery
  • Discovery motions
  • Other discovery

 Step 2: Pick one process to focus on first.

It is important to begin with the process that is most likely to allow you to meet your goals, which of course means that you have to be very clear about what your goals are. When you have several goals in mind, you could start by constructing a “process selection matrix” like the one below to make your choice.

Process_Table

In this example, there are three different goals, all are rated on a scale from 1 (low) to 5 (high), and the lawyer considers them equally important in selecting a process. Therefore, the last column, the total rating, can be used to determine that your process improvement should begin with the deposition process because it has the highest total rating.

Step 3: Define exactly what is included in the process. Where does it begin and end? Then break it down into five to ten high level parts.

Step 4: Decide which step to redesign first.

Again, the step you choose depends on your goals. The following questions from Improving Business Processes may help you to make your choice:

  • At which points does this process break down or experience delays?
  • At which points do people typically experience frustration with the process?
  • Which parts of the process seem to consume an inordinate amount of time?
  • Which parts of the process lead to low-quality outcomes?
  • Which parts of the process incur unacceptable costs?

Step 5: Think through the details of the step you will redesign, and look for ways to increase efficiency, e.g. by simplifying the process, creating a checklist, and/or focusing more clearly on the factors that the client values most highly. Define action items and implement them.

 

Approach #4: 10 steps to improve critical business processes

These 10 steps are explained in detail in Susan Page’s book, The Power of Business Process Improvement. Here, they have been adapted and simplified for legal matters.

Step 1: Develop the process inventory. List all the big picture processes within a particular legal area, establish criteria for prioritizing them, and pick the one you want to start with. (The discovery tasks in the table above provide a good example.)

Step 2: Establish the foundation. Write a scope definition document that defines the problem you need to solve and provides a blueprint for the start and the end of your process improvement.

Step 3: Draw the process map. Identify each activity with a specific action word (e.g. create, review, develop, approve, update, or communicate), and then diagram the steps in a form that can be communicated to everyone involved. Be sure to include handoffs to other lawyers, staff, clients, and others.

Step 4: Estimate time and cost. Specify what is involved in each stage or activity in the process, how long it usually takes, and what it costs.

Step 5: Verify the process map. Ask other stakeholders to review the process map for accuracy. This provides a baseline to begin improvement.

Step 6: Apply improvement techniques. This is where the rubber meets the road. Eliminate bureaucracy, evaluate value added activities, eliminate duplication and redundancy, simplify processes, reports, and forms, reduce cycle time, and more.

Step 7: Create internal controls, tools, and metrics. Create controls to avoid errors, tools to support the new business process, and metrics to quantify improvements.

Step 8: Test and rework. Pilot test the new process, identify any issues, and rework them before introducing the new, improved process on a wide scale.

Step 9: Implement the change. Just as businesses develop marketing plans before they introduce a new product, they must plan how to implement business process changes, including “who has to know about the change, what they need to know, and how to communicate the right information to the right people.”

Step 10: Drive continuous improvement. After the change succeeds, you will still need to invest in maintenance. Evaluate, test, assess, and execute to sustain any required change.

 

Implementing your improved business process

All four approaches have value in different situations, and all take advantage of the 80/20 rule to maximize the benefits you will receive while minimizing the time it will take.

If you want to use these approaches in your own personal practice, you should be able to identify improvements quickly. But if you want to get other lawyers in your group to do the same thing, that’s a lot harder.

Whether you use approach 1, 2, 3, or 4, or you go out and buy Page’s book for more detail, or you hire an outside consultant, figuring out how to improve legal business processes is not the hard part.

The hard part is getting lawyers to do it. For ways to combat typical objections, see “Overcoming Resistance to Legal Project Management: A List of Suggestions for Law Firm Project Management Champions.”

Reproduced with permission from the Legal Project Management Quick Reference Guide, Fourth Edition (© LegalBizDev, 2017).

December 08, 2010

Questions and answers about Certified Legal Project Managers™ (Part 3 of 3)

This post concludes my answers to the questions from Paul Easton, author of the Legal Project Management blogFor an update on the certification program’s status, see today’s press release on BusinessWire.

 

Paul’s question: I find it interesting that the program is customized to the individual attorney. The certification process begins with “an initial assessment telecon interview to determine each lawyer’s background and needs” and the study materials are selected based upon this interview. In short, this is not a standardized course. This seems like a great program from the learner’s perspective, but doesn’t the lack of standardization make it more difficult for the industry and legal employers to understand what skills this certification represents its holders as having?

The Certified Legal Project Manager™ Program is designed first and foremost to guarantee mastery of a baseline level of knowledge, which will be the same for every lawyer who completes the program.

However, lawyers will come into this program with different expectations and backgrounds, so it is important that the program also be tailored to fit each participant’s needs.  This will be accomplished in three main ways:

  1. In Module 1, questions are framed in terms of each specific practice.  For example, when defining a statement of work, participants are asked “What are the most important elements for your practice?” not “What are the most important elements in general?”
  2. The list of readings in Module 1 includes many suggestions for “supplementary readings” useful for lawyers who want to go beyond the minimum, including those who come to the program with a higher level of basic knowledge
  3. All of Module 2 is devoted to applying key concepts to an actual matter from each lawyer’s practice

The idea of also creating a unique reading list for each individual is an element of the program that appeared in the preliminary outline you reviewed, but which was changed as a result of discussions with the Certification Advisory Board.  Everyone will work from the same basic reading list.  It will include many options, enabling each lawyer to customize readings for themselves.

Paul’s question: Tell me more about the reference library that program participants use in their studies. What does it include? Is it all original material? 

Each participant will receive a library of six widely respected project management texts with a total of more than 2,500 pages, including my Legal Project Management Quick Reference Guide and A Guide to the Project Management Body of Knowledge (PMBOK Guide) by the Project Management Institute. 

In Module 1 of the program, lawyers will be sent a list of open-book essay questions, along with a reading list suggesting exactly which sections of these books will be most useful.  In Module 2 and beyond, they will continue to use these books whenever they need access to more advanced information.

Paul’s question: What impact do you think or hope that this certificate program will have on legal-project management as a discipline and on the legal industry as a whole? 

Of course we hope that this program will help raise standards so lawyers can better meet client needs.  However, in all honesty, we do not believe that legal project management certification is necessary, or even desirable, for every lawyer.  LegalBizDev offers a number of other programs which we think would be a better fit for most lawyers, including several types of "just in time training" and an Introduction to Legal Project Management course.  Certification is designed for those who want to go a step further and guarantee a solid foundation in both knowledge and skills. 

Paul’s question: Where do you see demand for your certificate program in ten years? 

To be honest, I have trouble predicting ten months from now, so I am reluctant to try to predict ten years.  But I do feel safe in predicting that the marketplace will make some lawyers winners and some losers over the next ten years, and that lawyers who master legal project management are far more likely to be among the winners.  That does not mean they have to be certified, but it does mean they will have to pick up these basic skills somewhere, somehow.

December 01, 2010

Questions and answers about Certified Legal Project Managers™ (Part 2 of 3)

A few weeks ago, I posted the first answers to a series of questions Paul Easton, author of the Legal Project Management blog, had asked when we announced our new certification program.  I postponed the next installment until today, when the first group begins the certification process. 


Paul’s question: You designed this program in response to a request from “an 800-lawyer firm [who] asked [you] to design a formal certification program for two senior partners.” Is your program targeted exclusively at large firms?  Would a small firm or solo practitioner benefit from your program?

The principles apply to firms of any size.  The first two people to sign up were the two senior partners from Squire Sanders who requested the program.  (As a result of its recent merger with Hammonds, it now has over 1,200 lawyers.)  But the third person to sign up was a lawyer from a nine-lawyer firm in Australia that learned of the program over the web.  And the fourth and fifth people were from Stewart McKelvey, a Canadian firm with over 200 lawyers. So we already have evidence that the program meets a need in firms of all sizes. 

Paul’s question: One of the eligibility requirements is that you must be a practicing lawyer with 10 years experience. Why not legal-support professionals (e.g., paralegal, litigation support, and legal IT staff)?  Aren’t they more likely to fill the legal-project manager role than lawyers?

In November, the LegalBizDev Certification Advisory Board reviewed the preliminary outline which you saw, and modified a few of the details, including eliminating the ten-year requirement. Our program’s prerequisite is now defined as “practicing lawyers who have at least three years of experience managing large legal matters.”  We are currently working with a small group of paralegals to determine the best way to adapt our program to meet their needs, and will announce the results early next year.

Paul’s question: Who sits on LegalBizDev’s Certification Advisory Board? 

The board has fourteen members from firms with a total of over 10,000 lawyers, including:

Borden Ladner Gervais – Andrew Terrett
Fasken Martineau – Howard Kaufman
Ford & Harrison – Kay Wolf
McDermott Will & Emery – Byron Kalogerou
Stewart McKelvey – James Dickson
Miles & Stockbridge – David Eberhardt
Morgan Lewis – Richard Rosenblatt
O’Melveny & Myers – Stacie McLean
Squire Sanders – Stacy D. Ballin
Williams Mullen – John Paris

The remaining board members have chosen to remain anonymous.

Paul’s question: How do you determine if the experiential requirement is met? For example, I passed my first bar exam in late 2001, but for the past six years I’ve worked in legal staffing and project management, primarily for large electronic-discovery projects. At the end of 2011, would I qualify for this certification?

Decisions will be made case by case.  Based on what you wrote here, I am guessing that the “practicing lawyer” part of the requirement does not fit you.  However, as I noted, we are currently exploring the idea of parallel programs that fit the needs of other audiences.

Paul’s question: Do you plan to eventually design an entry level certification for lawyers who want to learn project management and differentiate themselves from their competition, but who do not have the requisite legal experience for your professional certification?

We are not planning an entry level certification at this time, but as Nobel prize winning physicist Neils Bohr famously said, “It is hard to predict, especially the future.”

Paul’s question: Why do lawyers need more initials after their names? After all, obtaining a JD and passing a bar exam qualifies a lawyer to practice law. Also, shouldn’t experienced lawyers know how to manage their cases?

Lawyers certainly don't need more initials.  But many do need the knowledge and skills this program will provide.  While experienced lawyers typically do know how to manage matters the old way, the “new normal” demands new management skills.  Until recently, generations of lawyers were never asked to be more efficient, so it is not surprising that they could use some help. 

Paul’s question: What is your certification’s formal title and initials? 

The program title is Certified Legal Project Manager™.  We do not expect people to use the initials.

Paul’s question: Two years ago, almost no one was talking about legal-project management. Has awareness of and demand for legal-project management grown so much in a couple of years to create the demand needed to support a certificate program? 

Absolutely yes.

Paul’s question: Is legal-project management just another management fad? 

We believe that clients are making this paradigm shift permanent.  Once law firms learn to deliver the same high quality more efficiently, why would clients ever want to go back?