Legal Process
Improvement
Enhancing Efficiency, Collaboration and
Quality in Legal Services
Legal Process Improvement
Offers the greatest
opportunities to
increase efficiencies
and reduce costs in a
litigation process.
©2015 Seyfarth Shaw LLP
Techniques from
traditional Lean
thinking and Six
Sigma principles
can be combined
and tailored for
legal matters.
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How Lean Six Sigma works
Lean attacks
issues that are
a “mile wide”
Lean is … the creation of Value and elimination of
Waste across multiple process steps
Processes
take too long
are
cumbersome
Resources
are
overworked
and limited
Processes
have
bottlenecks
preventing
flow
Six Sigma is …
increased Quality and reduced Variability within
a critical process
Mistakes
often reach
the client
©2015 Seyfarth Shaw LLP
Past
improvement
s are not
sustained
Six Sigma
attacks issues
that are a
“mile deep”
Too much
time is spent
double/triple
checking
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DMAIC
Define the problem and why it needs to
be solved. Define “current state”
processes.
Measure the current performance of the
process.
Analyze the opportunities to reduce
waste or variation. Define “future state”
processes.
Improve the process by piloting,
implementing and validating process
changes.
Control the process to ensure sustained
improvements.
©2015 Seyfarth Shaw LLP
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Before Process Improvement:
Problem Statement
• Before you proceed, ask “What is the problem?”
• Characteristics of a Good Problem Statement
• A concise but complete description of the issue
• A problem aligned to high-level business objectives
• Where possible, a quantified baseline
• Don’t include any presumed causes or pre-determined solutions
• Consider how you would state the problem in one
of your engagements
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Define
benefits?
costs ?
predictability!
Success and
Value
…. what is it?
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alternative
staffing?
value-added
offering?
quality
lawyers!
transparency?
service?
project
management?
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Helpful Tools
• Voice of the Client
• Kano Analysis
•
•
•
•
•
Process Mapping
Root Cause
Force Field Analysis
Lessons Learned
Metrics
• Baseline
• Goal
©2015 Seyfarth Shaw LLP
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Voice of Client (VOC) Tool
• The process of listening and clarifying the definition of
value is frequently referred to as Voice of Client (VOC)
• With VOC, we:
•
•
•
•
Determine expectations, needs and wants
Identify pain points
Gain deeper understanding of business and concerns
Learn how to go from “good’ to “excellent”
• VOC discussions can, and should be, conducted
throughout the duration of an engagement (not just at the
beginning)
©2015 Seyfarth Shaw LLP
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VOC Example
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Measure Current Performance
current state
Establish a baseline before changes
are implemented from which to
compare future performance after
process improvement. This can be
done through process mapping.
A process map is a diagram that
shows the key steps in the process,
arranged sequentially.
©2015 Seyfarth Shaw LLP
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Understanding the Process
• “If you can’t describe what you’re doing as a process,
then you don’t know what you’re doing.” - W. Edwards
Deming
• Is Deming talking to us?
• What parts of our work are processes? What aren’t?
©2015 Seyfarth Shaw LLP
11 |
What is a Process Map?
• Graphical depiction of sequence of steps to produce an
output
• Defines tasks and may define resources, cycle times,
tools (templates, guidelines, etc.)
• Process maps can be simple or highly sophisticated
• Process maps can be used during a number of the
DMAIC phases
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12 |
Process Mapping
At Least Three Versions
“As we think it is”
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“As it really is”
“As it should be”
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Sample Process Map
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Thinking Out Loud …
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Doesn’t Require Technology …
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The “Eight Wastes”
• We review the process map to identify wastes that, by definition,
adversely affect value and efficiency; the eight wastes are:
• Defects: Mistakes that require rework
• Overproduction: Unnecessary deliverables
• Transportation: Too many touches
• Waiting: Steps completed before the next step is ready to occur
• Inventory: Backlog in intakes process
• Motion: Duplicate data entry or failure to “batch”
• Processing: Unnecessary sign-offs and approvals
• Intellect: Not soliciting team member’s suggestions, no crosstraining
©2015 Seyfarth Shaw LLP
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Defining Value
• A process map can also be used to determine whether the steps
in the process add value
• A task or activity adds value if:
• The “deliverable” of a process is transformed in some way
• The customer is both aware of it, and willing to pay for it
• The task or activity is done right the first time
• Process tasks and activities can be labeled as:
• Value-Added (VA) – essential tasks
• Non-Value-Added (NVA) – adds no value and not necessary
• Business-Non-Value-Added (BNVA) – adds no value but
necessary for business reasons (ethical, regulatory, delivery, etc.)
©2015 Seyfarth Shaw LLP
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Analyze
Opportunities to Reduce Waste
• Examining the process maps
• Performing a root cause analysis
• Our favorite: y=(f)x
©2015 Seyfarth Shaw LLP
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Root Cause Tools
Y =ƒ(x)
• A free form brainstorming tool that helps scope large issues
down to a level that can be tackled as a project
The Five “Whys”
• By asking “why” repeatedly, we fight our tendency to stop at
the first plausible explanation for a problem and get to the
“root” cause
Fishbone Diagram
• A structured brainstorming tool to facilitate discussions of what
might be causing process errors relative to broad categories
©2015 Seyfarth Shaw LLP
20 |
Y = f(x)
Y = f(x)
Y =
Late to work
X
Traffic
X
Kids
X
Over Slept
X
Weather
What can we not control? Traffic, Weather
Y =
Over Slept
X
X
Alarm clock
sick
did not wake me
X
hung over
X
did not sleep well
What can we not control? Sick, did not sleep well
Y =
Alarm clock did
not wake me
©2015 Seyfarth Shaw LLP
X
Alarm clock
broken
X
X
hit snooze
radio too
too many times
low
X
set the time
wrong
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“5 Whys” in Action
• Secretarial training project is taking too long to complete:
• Why? Secretaries miss classes
• Why do they miss? Attorneys won’t let them leave desk
• Why won’t let them leave? Attorneys don’t know the classes are
scheduled until secretary tries to leave in middle of project
• Why don’t they know? Attorneys don’t get copies of class
schedule notice
• Why don’t they get a copy?
©2015 Seyfarth Shaw LLP
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Improve - DMAIC
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Elements of Improve Stage
• Develop potential solutions (y=(f)x helps)
• Prioritize solutions
• Create project, communication, change management
and training plans
• Pilot/Test
• Stage and launch implementation
©2015 Seyfarth Shaw LLP
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Plan the Work - Begin Execution
• Use the Plan
• Kickoff Meeting has HUGE value
• Who does What by When
• Don’t forget to communicate to your key stakeholders
• Use effective communication vehicles
• “Communicate early; Communicate often”
©2015 Seyfarth Shaw LLP
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Work the Plan - Execution
• The Project Manager is responsible for
•
•
•
•
•
leading the team
managing the project plan
dealing with issues & changes
managing communications
meeting sponsor expectations
©2015 Seyfarth Shaw LLP
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Creating Future State
• Once a current state map is created, we use what we
learned to develop a “future state” map (taking what it
is to what it should be)
• Future state maps are often put together in a Kaizen
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27 |
Find a BETTER Route!
Elimination of 9 Steps!
X
X X X X X
X X X
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Streamlined Process
Start
Atty/Par/
Docket/Sec
Atty/Docket/Sec
Finance
File Action
with USPTO
Submit IP
Billing Form
on Portal
Process
Journal
Entries
Billing Specialist
Billing Specialist
Review
USPTO
Costs on
Proforma
Create
Client
Friendly Bill
End
Look at all the steps we have eliminated
©2015 Seyfarth Shaw LLP
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Piloting the Solution
• Use project management discipline
• Conduct Force Field to identify (and address) driving
and restraining forces
• Roll out on small-scale
• Measure impact
• Conduct lessons learned
• Adjust for full-scale rollout
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Force Field Analysis
Driving Forces
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Restraining Forces
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Locking It In
• Ensuring that everyone is following a defined
approach and process is important to ensure client
satisfaction will be achieved
• Identifying reporting mechanisms and controls that
reflect “how we’re doing” throughout the project
makes sure we don’t deviate from the value
proposition and disappoint the client
©2015 Seyfarth Shaw LLP
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Work the Plan - Control & Monitor
• Collect status (suggested minimum of weekly)
• Tasks, action items & issues
• Compare status against the plan
• Compare and track progress to milestones
• Monitor spending and costs versus the budget
• Manage project communications - report status
• Make sure the left hand knows what the right hand is doing
• Different stakeholders may require different levels of detail
©2015 Seyfarth Shaw LLP
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Control: Locking In Improvements
• Ensuring that everyone is following the newly defined
approach and process
• Create feedback mechanisms
• Identify additional improvements as the new process is
used
• Course correct where appropriate
©2015 Seyfarth Shaw LLP
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Lessons Learned Template
What Went Well
Special Recognition
What Could Have Been Done Better
What Should Have Been Done Differently
Next Steps / Action Item
Suggested
Timeframe
Responsible
Person / Team
Action Taken
1.
2.
3.
4.
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Continuous Improvement
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