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Thomas Berman

Principal, Berman Voss

Business process management can improve firm efficiency and client care

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Business process management can improve firm efficiency and client care

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By Thomas Berman, Principal, Berman & Associates

The goal of any law firm, regardless of its size, should be to manage important activities, such as client intake, as a process-managed enterprise in order to maximise efficiency and minimise professional liability risk. Using business process management allows for the design of controls into the practice which act to consistently and repeatedly execute those processes at the highest level of quality and care of clients, while maintaining a focus on firm safety and economic vitality.

 As law firms adapt to changing economic realities, it’s incumbent upon them to implement effective strategies to try to increase productivity, contain overall costs, optimise business efficiencies and manage and mitigate risk.

Recognising this requirement is a first step toward launching a pilot project initiative. This project will address and standardise processes involved in everything from checking for potential conflicts to managing the calendaring activity or controlling new client accession, in order to make these critical pathways work as well as they can.

In addition to supporting the strategic efforts of the firm, the focus of this project should be on streamlining operations, clarifying responsibilities and further developing the metrics involved in resource allocation – all of which is, in turn, designed to correspond and be responsive to the growth, development and evolution of the firm.

Business approach

This is a business approach to law firm management which meets the challenges of the 21st century. For a practice to work at optimum levels, actions need to be quantified, then modelled, measured and monitored. Intake and related activity are an important element of the practice and the core processes involved in this practice requirement are the focus of this project. The initiative is advised so as to create a streamlined methodology for managing the practice from initial conflict checks all the way through the processes, including economic analysis, retainers and billing formulas.

Going through the process of evaluation itself should identify opportunities which will lead to reduced waste, provide management with greater operational visibility and transparency and improve support for individuals responsible for managing the activities involved – all the while tightening management controls and reducing the professional liability risk, which is always a primary concern.

The process management approach, which this effort contemplates, should both define as well as document the smallest details associated with the process to be evaluated. It will begin as a series of interviews with key stakeholders (those most intimately involved in the process) and focus on areas associated with the matriculation of a new file and the various tasks involved, as well as the roles associated with performing those tasks – all of which are being documented so that they can be evaluated.

A highly experienced core team comprised of a partner(s), a member of accounting, a key associate perhaps, the non-lawyer individuals most involved in managing operations at present, a project manager (who will be charged with ‘directing’ the effort and can be a member of the team) and (possibly) an outside consultant, will then analyse the current state of the process.

The new practice model will be achieved by defining the important roles, applying appropriate strictures and then incorporating lessons learnt as well as creative thinking techniques.

The outcome of this initiative should be the application of these best practices in the integration of people and practice requirements, with an overlay of technology. This will provide for an infrastructure that can then be monitored and controlled, while providing world-class client care and taking the sensibilities of the attorney population into consideration.

Pilot project

A pilot project can be used to test and validate any process in the firm, including litigation support and marketing efforts. A communication plan should also be developed and implemented in order to manage the changes assumed to be necessitated by the finding of this examination.

The same core team would review and refine the processes until they are at the qualitative level that reflects the firm’s expectations. At that point, depending upon the success of the result, the process management overlay can be used across the spectrum of firm activity, such as the management of a new file or the handling of a matter.

The process of the review should help revitalise the firm’s efforts, make individuals understand that they are part of an important activity and create a positive bond among the players.

 tberman@bermanassociates.net