Enhancing Efficiency, Collaboration and Quality in Legal Services Legal Process Improvement.

Enhancing Efficiency, Collaboration and Quality in Legal Services

Legal Process Improvement

©2015 Seyfarth Shaw LLP 2

Legal Process Improvement

Offers the greatest opportunities to increase efficiencies and reduce costs in a litigation process.

Techniques from traditional Lean thinking and Six Sigma principles can be combined and tailored for legal matters.


How Lean Six Sigma works

Processes take too long

are cumbersome

Resources are

overworked and limited

Processes have

bottlenecks preventing

flow

Lean is … the creation of Value and elimination of Waste across multiple process steps

Mistakes often reach the client

Six Sigma is … increased Quality and reduced Variability withina critical process

Past improvement

s are not sustained

Too much time is spent double/triple

checking

Lean attacks issues that are a “mile wide”

Six Sigma attacks issues that are a “mile deep”

©2015 Seyfarth Shaw LLP 4 |

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.

DMAIC


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


Define

costs ?

Success and Value

…. what is it?

quality lawyers!

predictability!

benefits? value-added

offering?

project manageme

nt?

transparency?

alternative staffing?

service?


Helpful Tools

• Voice of the Client• Kano Analysis

• Process Mapping• Root Cause• Force Field Analysis• Lessons Learned• Metrics

• Baseline• Goal


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)


VOC Example


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.

Measure Current Performance


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?


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


At Least Three Versions

“As we think it is” “As it should be”“As it really is”

Process Mapping


Sample Process Map


Thinking Out Loud …


Doesn’t Require Technology …


• 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 cross-training

The “Eight Wastes”


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.)


Analyze

Opportunities to Reduce Waste• Examining the process maps• Performing a root cause analysis

• Our favorite: y=(f)x


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


Y = f(x)

Y = f(x)

Y = X X X X

Late to work Traffic Kids Over Slept Weather

What can we not control? Traffic, Weather

Y = X X X XOver Slept Alarm clock sick hung over did not sleep well did not wake meWhat can we not control? Sick, did not sleep well

Y = X X X XAlarm clock did Alarm clock hit snooze radio too

set the time not wake me broken too many times low wrong


“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?


Improve - DMAIC

©2015 Seyfarth Shaw LLP

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

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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”


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


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


Streamlined Process

Look at all the steps we have eliminated

File Action with USPTO

Start

End

Submit IP Billing Form

on Portal

Atty/Docket/Sec

Review USPTO Costs on Proforma

Billing Specialist

Process Journal Entries

Finance

Create Client

Friendly Bill

Billing Specialist

Atty/Par/Docket/Sec


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


Force Field Analysis

Driving Forces Restraining Forces


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


• 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

Work the Plan - Control & Monitor


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

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Lessons Learned Template

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Next Steps / Action ItemSuggestedTimeframe

Responsible Person / Team Action Taken

1.

2.

3.

4.

What Went Well Special Recognition

What Could Have Been Done Better What Should Have Been Done Differently


Continuous Improvement

Enhancing Efficiency, Collaboration and Quality in Legal Services Legal Process Improvement.

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