Maybe it’s my OCD, or being a nerd (I know, shocking), or being a control freak (did I mention my OCD), but I am a massive proponent of reducing the types of cases you handle to a series of checklists and workflows. No matter how complex or varied your cases are, or their quantity, creating a written, step-by-step process for handling each type of case will increase efficiency, quality control, and outcomes.
This approach – reducing your caseload to a set of processes that serve as a tool to ensure you consider all the various methods and steps in your cases – is often overlooked because it is time-consuming, non-billable, and requires regular review and updates (these checklists must be reviewed and updated periodically). Additionally, some lawyers believe their cases are too complex to be reduced to step-by-step processes. What they do is so unique, so intellectual, that it cannot possibly be reduced to checklists. And yes, we are not automatons, and we cannot simply follow decision trees automatically. However, I would argue that, regardless of complexity, 50-90% of every case can be reduced to checklists. And that merely the effort to look at your cases and write out how you handle them from beginning to end will make you a better lawyer.
I handle a variety of litigation-based matters. Throughout my career, I have litigated a wide range of cases, from asbestos to zoning, and everything in between. And early in my career, I looked at my cases from the vantage point of – what is every possible thing I can do in the case and what makes sense under different sets of circumstances. And I wrote out checklists. Not just for me, but for everyone on the team, to ensure we were all moving in the right direction, pursuing the proper goals, and advancing the client’s objectives. As I handled more of the same matters, I refined my checklists to accommodate my increasing experience and knowledge.
If you can see your whole cases, from pre-suit through trial, you are taking those actions that advance your goals (and refraining from those that don’t). If, conversely, you are relying on what’s in your head about tactics, steps, and approaches, you will likely miss one or more crucial aspects of your case.
So, how do you reduce your matters to a series of checklists?
First, define the different matters you handle. If all you handle is litigation, then there will be a lot of transferable to-do lists from one type of matter to another (serving discovery and third-party subpoenas, retaining experts, deposing parties, etc.). For me, my list would include, among other items, commercial litigation (breach of contract, non-competes, IP, etc.), personal injury (trucking, auto, premises, negligent security), products (one-off products, drug & medical device, toxic tort, etc.), and so on.
Second, I would then take my categories and create a workflow for each, writing out each step, aspect, and off-ramp of that case. I would literally type every little and big thing I can do when handling that type of matter into a Word document — the more steps, the more to-dos, the more checklists, the more detail, the better.
Third, I would share it with my team for their input, and ask them to add, revise, and augment these lists.
Fourth, whenever I started on a new matter, I would share the appropriate list for the proper case and have everyone type their notes into this document about the steps being followed, taken, or, for that matter, avoided. This document will serve as a single source of information, helping everyone keep track of what has been done and what remains to be done. This works whatever side of the “V” you’re on.
Fifth, the way we handle cases evolves, and these checklists will be updated during the litigation process to reflect that.
Is this a lot of work? Yes. A lot of non-billable work? Yes. But these checklists will keep you and your team focused on what needs to be done, when, and how. Without such controls, you are constantly reminding yourself and your team what to do next. This reduces unnecessary control and micro supervision of your matters.
Consider this approach not just for your matters, but for all your firm’s matters, to improve efficiency, avoid mistakes, and enhance outcomes.
Frank Ramos is a partner at Goldberg Segalla in Miami, where he practices commercial litigation, products, and catastrophic personal injury. You can follow him on LinkedIn, where he has about 80,000 followers.
The post Work The Workflows: Creating And Relying On Flowcharts, Decision Trees, Processes, And To-Do Lists For Your Cases appeared first on Above the Law.
Maybe it’s my OCD, or being a nerd (I know, shocking), or being a control freak (did I mention my OCD), but I am a massive proponent of reducing the types of cases you handle to a series of checklists and workflows. No matter how complex or varied your cases are, or their quantity, creating a written, step-by-step process for handling each type of case will increase efficiency, quality control, and outcomes.
This approach – reducing your caseload to a set of processes that serve as a tool to ensure you consider all the various methods and steps in your cases – is often overlooked because it is time-consuming, non-billable, and requires regular review and updates (these checklists must be reviewed and updated periodically). Additionally, some lawyers believe their cases are too complex to be reduced to step-by-step processes. What they do is so unique, so intellectual, that it cannot possibly be reduced to checklists. And yes, we are not automatons, and we cannot simply follow decision trees automatically. However, I would argue that, regardless of complexity, 50-90% of every case can be reduced to checklists. And that merely the effort to look at your cases and write out how you handle them from beginning to end will make you a better lawyer.
I handle a variety of litigation-based matters. Throughout my career, I have litigated a wide range of cases, from asbestos to zoning, and everything in between. And early in my career, I looked at my cases from the vantage point of – what is every possible thing I can do in the case and what makes sense under different sets of circumstances. And I wrote out checklists. Not just for me, but for everyone on the team, to ensure we were all moving in the right direction, pursuing the proper goals, and advancing the client’s objectives. As I handled more of the same matters, I refined my checklists to accommodate my increasing experience and knowledge.
If you can see your whole cases, from pre-suit through trial, you are taking those actions that advance your goals (and refraining from those that don’t). If, conversely, you are relying on what’s in your head about tactics, steps, and approaches, you will likely miss one or more crucial aspects of your case.
So, how do you reduce your matters to a series of checklists?
First, define the different matters you handle. If all you handle is litigation, then there will be a lot of transferable to-do lists from one type of matter to another (serving discovery and third-party subpoenas, retaining experts, deposing parties, etc.). For me, my list would include, among other items, commercial litigation (breach of contract, non-competes, IP, etc.), personal injury (trucking, auto, premises, negligent security), products (one-off products, drug & medical device, toxic tort, etc.), and so on.
Second, I would then take my categories and create a workflow for each, writing out each step, aspect, and off-ramp of that case. I would literally type every little and big thing I can do when handling that type of matter into a Word document — the more steps, the more to-dos, the more checklists, the more detail, the better.
Third, I would share it with my team for their input, and ask them to add, revise, and augment these lists.
Fourth, whenever I started on a new matter, I would share the appropriate list for the proper case and have everyone type their notes into this document about the steps being followed, taken, or, for that matter, avoided. This document will serve as a single source of information, helping everyone keep track of what has been done and what remains to be done. This works whatever side of the “V” you’re on.
Fifth, the way we handle cases evolves, and these checklists will be updated during the litigation process to reflect that.
Is this a lot of work? Yes. A lot of non-billable work? Yes. But these checklists will keep you and your team focused on what needs to be done, when, and how. Without such controls, you are constantly reminding yourself and your team what to do next. This reduces unnecessary control and micro supervision of your matters.
Consider this approach not just for your matters, but for all your firm’s matters, to improve efficiency, avoid mistakes, and enhance outcomes.
Frank Ramos is a partner at Goldberg Segalla in Miami, where he practices commercial litigation, products, and catastrophic personal injury. You can follow him on LinkedIn, where he has about 80,000 followers.
The post Work The Workflows: Creating And Relying On Flowcharts, Decision Trees, Processes, And To-Do Lists For Your Cases appeared first on Above the Law.
