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Understanding Value Drivers: How to Maximize the Value of Every Case

In every high-volume personal injury practice, it is essential to strike a balance between working efficiently to keep cases moving toward resolution while using care not to overlook significant facts that add to the value of each and every case. These facts can pertain to liability or damages, as well as other factors, such as a client’s witness potential and total available insurance coverage. These are the primary things that impact the settlement or resolution value of cases, and within them are what we refer to as “Value Drivers.” For lawyers and paralegals who handle high caseloads, significant facts can sometimes get lost in the voluminous notes recorded on each file. We’d like to share a tried-and-true method of ensuring that what’s really important never gets lost or buried within the notes, but rather is quickly and easily identifiable in every case through the proper use of your case management system.

Understanding Value Drivers

As personal injury lawyers, our goal is to ensure our clients receive fair compensation for their losses and damages. Maximizing the value of each case is not only beneficial for our clients, but also essential for maintaining a successful and profitable practice. By identifying and properly utilizing value drivers, we can effectively argue for higher settlements or verdict amounts.

Value Drivers are the facts, qualities, events, or triggers that drive up the value of a case to the next level. They are the key pieces of information that make a case stand out and justify a higher settlement or verdict amount. These could be anything from clear liability to high medical bills, severe injuries, or even a sympathetic client story. Identifying these value drivers is crucial for maximizing the value of every case.

Value drivers can be liability-related factors such as gross negligence or aggravating circumstances like DUI, texting while driving, or damages-related things, such as specific injury symptoms, brain injuries, sensory loss, radiating pain, as well as the diagnostic test results that confirm these findings.

As we know, soft tissue neck or back injuries often resolve with a brief course of conservative treatment such as physical therapy, but this is not always the case. Sometimes, our clients' injuries develop into significant and even permanent problems, and when they do, we must have a system in place for recognizing them immediately. Some examples of soft tissue value drivers are positive MRIs, epidural injections, and surgeries.

In serious injury, non-soft tissue cases, fractures, severe scarring, loss of use of an organ or limb, etc., may also be considered value drivers. These, too, can be tracked in discrete data fields in a case management system. However, we have found that the risk of failing to maximize case value is much more likely in soft tissue injury cases. Therefore, we recommend beginning your data-tracking journey with soft-tissue value drivers.

How to Effectively Track Value Drivers

We recommend using a method to systematically isolate value drivers on all auto and personal injury cases in your case management system. By singling out this data, separate and apart from freeform text or notes in the system, value drivers become easily identifiable and reportable. Most case management systems either provide these data fields or allow users to add user-defined custom fields. Once a custom field is added, management should make users aware that the new field now exists and what the specific expectation for populating each field is.

Use Reporting to Efficiently Manage the Data

Once you’ve isolated each value driver in a discrete data field, the task of reporting on this critical information becomes much easier. Many leading case management systems offer advanced reporting and dashboard functionality within their platforms. Make sure you create reports that include any user-defined fields you've created to track value drivers. Firm managers, attorneys, and paralegals should all be given access to run their own reports so that they can easily spot cases with value drivers and give them the attention they may need. Firms that have not yet implemented a case management system may opt for a lower-tech approach like an Excel sheet. While this option isn't ideal, it still provides a means by which to capture, track, and report on critical case data.

Value driver reports can provide a wealth of information to you. They can help you identify patterns and trends in your cases, such as which types of injuries or liability factors tend to garner higher settlements. With this information, you can better assess potential settlements and negotiate with insurance companies more effectively. Some important things value driver reports can show are:

These are the soft tissue cases that have the potential to develop into significant, high-value cases and should be flagged as such in each lawyer’s case inventory. These cases may require more attention from the attorney and may need to be prepared for litigation early rather than likely to settle before litigation.

Imagine being able to instantly produce a list of all clients who have had a positive MRI but no injections. Or a list of clients who have had injections but no surgery. Or a list of clients who have had surgery and where policy limits are $500,000 or more? All of this is readily available at the click of a button when you take the time to isolate and track value drivers in your system.

“ABCD” – Always Be Considering the Demand

Once our clients have concluded their course of treatment and all records are received, it’s time to draft the demand. In a high-volume, fast-moving practice, it is too easy for meaningful information that should be emphasized in a demand brochure to get buried deep within the file notes and sometimes be missed. By building out your system to capture the most important value drivers, and developing reporting to easily retrieve it, you can greatly reduce the risk of missing anything!

Attorneys and paralegals should be encouraged to run their value driver reports on a regular basis while their clients are treating to ensure the potential for treatment gaps are eliminated and that clients are receiving the treatment they need from the right providers. When done properly, this system increases the likelihood that every client receives the right treatment at the right time until they reach maximum medical improvement.

In addition to isolating value drivers to track damages, you may also want to track liability factors and coverage information the same way. By doing so, you are isolating your case’s strengths, which can be easily summarized and retrieved at the click of a button when it’s time to prepare the demand, enter settlement negotiations, or begin trial prep.

Success. Maximized.

Overall, understanding and effectively using value drivers is an essential skill for any personal injury lawyer, and incorporating this practice into your case management system can greatly benefit both your clients and your firm's success. Keep track of those value drivers and watch as they drive up the settlement or resolution values in your cases! Keep on striving towards maximizing case value, one value driver at a time.

At Vista, we are dedicated to helping your plaintiff’s personal injury firm achieve similar success. Our goal is to empower you with the tools and insights necessary to enhance your practice. By assisting you in tracking key value drivers and building comprehensive reports, we enable you to retrieve crucial data that can inform your decision-making process. This approach not only streamlines your operations, but also strengthens your case strategies. For more information on how to get started with this valuable initiative, please don’t hesitate to contact us! We’re here to support you every step of the way.

Work Smarter, Not Harder: How to Manage What Matters While Living Your Best Life

Fifteen years ago, a friend and mentor told me about this amazing book he had just read called The 4-Hour Work Week by Timothy Ferriss. My friend’s passion for this book was palpable. He enthusiastically told me he was going to follow the tips and hacks in the book to the extent possible and attempt to adapt his time management techniques and approach to technology. His goal was to work from anywhere in the world seamlessly and know exactly what was going on in the office, with minimal time invested, AND perform his own work so that it produced as good or better outcomes than if he were in the office every day. WOW! I don’t know whether the mind-blown emoji existed back then, but that’s how I felt when I heard this. Of course, that kind of passion is contagious, so I immediately bought the book and quickly devoured it.

The 4-Hour Work Week is a seminal guidebook for anyone striving to liberate themselves from the constraints of the traditional 9-to-5 grind. Ferriss introduces revolutionary concepts such as "lifestyle design" and "mini-retirements," which empower individuals to take control of their time and leverage automation, outsourcing, and smart prioritization. Through a mix of insightful anecdotes and practical advice, Ferriss challenges conventional notions of work and productivity, advocating for efficiency and intentional living as keys to achieving both professional success and a rich, fulfilling life. For me, it was as if kismet suddenly struck, and things would never be the same. I received this message exactly when I needed it most.

The Road to Burnout

After many years of hard work and good fortune, I had reached my goal of attaining what I thought was my ultimate rung on the ladder, only to realize five years later that I was totally burned out and exhausted by the number of hours I was working every week. You see, I came from the old school of “the harder you work and the more hours you put in, the more successful you will be.” But that no longer proved true. I had maxed out in hours input and worked as hard as I could, but I realized this was a marathon that wouldn’t end until retirement, and the pace was simply not sustainable long term.

In the legal profession, this experience is particularly prevalent among those at the owner, partner, and C-suite levels. These professionals often dedicate an extraordinary number of hours each week, extending their workdays into evenings and weekends. Driven by the belief that relentless effort and sheer volume of work are the cornerstones of success, they frequently sacrifice personal time and well-being. However, this intense commitment often leads to severe burnout. Despite their significant sacrifices, they may find themselves disillusioned, with the rewards of their arduous labor feeling insufficient compared to the toll it takes on their mental and physical health.

When “What If” Becomes Reality

Fifteen years later, following a global pandemic that required businesses to find a way to make remote work not only possible but productive and profitable, the work-from-anywhere approach posited by Ferriss seems almost prescient. What better way to live one’s life without feeling like the time you spend working is a sacrifice for the life you really want? Imagine remoting into your firm’s dashboard from a resort in Santorini and, within five minutes, spotting the top five critical performance metrics. Now, if that took only five minutes, imagine what you could do with the other 75 minutes each day to make the most impact and still work only four hours a week. Where would you focus your limited time?

Four years after the start of the pandemic, many people have gone back to the office full-time, but largely due to employee demand and “the great resignation,” the number of hybrid work arrangements has greatly increased and still seems preferred by the vast majority of team members. (After all, we proved we could do it, and for some, there’s no putting that genie back in the bottle.)

But what of the managers and team leaders? The firm owners may be working from Santorini, and the team members work from home two or three days a week. However, it seems the managers and team leaders are still tethered to the office every day and enjoy the least amount of flexibility.

The traditional philosophy still seems to require their presence in the office all day, every day. This hardly seems fair. To that end, I’d like to suggest a radical approach so that our managers and leaders may also live their best lives by enjoying some flexibility.

The New Age Manager

Historically, a manager’s presence in the office serves several purposes, not the least of which is a deterrent to slackers and rule breakers. Basically, a well-paid babysitter. However, a business model that requires leaders to babysit or count keystrokes and inputs is not properly utilizing the skills of their leaders, and from the perspective of the leader, it’s neither challenging nor rewarding. The good news is that there is a better way, and managers, YOU have the power to change it!

Measuring outcomes rather than inputs is the game changer. Instead of trying to manage employee cell phone usage, how much time they spend on Facebook, Instagram, and TikTok, paying IT providers to block non-approved sites, or paying for software to measure the amount of time spent logged in, it’s much easier and a better use of your skills to define each role’s key performance indicators and measure their results relative to goals. Once you establish key performance indicators for each job and use reporting tools and dashboards to measure actual performance relative to each goal KPI, you have now moved from measuring inputs to measuring outcomes. (And managers can remote in and also do this from anywhere!)

We all know, it is the outcomes that matter most. Lots of people can look busy at work sitting at their keyboards all day long, but if they’re not moving their cases toward the best resolution, what good is being “busy?” Granted, in a law firm, not all roles are optimally performed remotely, but many team members do handle it quite well. We have found that the best performers in the office are usually the best performers working remotely. Managers don’t need to worry about the number of hours they put in. They get results.

HR Considerations for New Age Managers

This can become tricky for non-exempt employees who come in late and/or whose attendance is not as strong as others in similar jobs. That, however, is an HR issue and should be addressed individually and swiftly as such. Shifting to a remote or hybrid work model involves significant adjustments for Human Resources departments, which must now navigate a variety of new challenges and opportunities.

For those team members who must or choose to work in the office every day, arriving on time and clocking in and out is still necessary for payroll purposes and HR management. However, the rigidity with which this is enforced is often conflated with concerns such as uniform fairness and equal treatment of team members. Historically, to avoid individual rules for each team member, managers created uniform rules for all non-exempt team members largely based on the number of hours worked per week as well as vague notions of productivity. HR must establish clear communication channels and protocols to maintain team cohesion and morale.

By clearly defining productivity, meaningful outcomes tied to critical firm production goals are much more likely to be attained. Rather than striving for uniformity, we should treat team members as individuals and strive for equitability.

Crafting Your Own Work Week

If you’ve read The 4-Hour Work Week, you know that the author adopts some rather radical approaches. Did I apply all the notions to my own life? No, not even close, and no, I haven’t made it to Santorini (yet), but I have applied some broad concepts and urged my clients to do so as well.

Let me be clear: I am NOT recommending that my clients work only four hours a week! Like the author, I realized that working harder wasn’t the answer. It was all about focusing on what moves the needle. In creating a work week that effectively balances productivity and personal well-being, it is essential to consider both individual preferences and the collective needs of the organization. By leveraging modern technologies and fostering a results-oriented culture, firms can empower their employees to take ownership of their schedules. Flexible work arrangements, whether fully remote or hybrid, should be tailored to ensure that both personal and professional aspirations are met. This approach not only enhances job satisfaction and employee morale but also drives long-term success for the organization. With intentional planning and clear communication, crafting your own work week can lead to a healthier and more productive work environment for everyone involved.

At Vista, we have helped hundreds of firms define and measure KPIs for every role in a law firm. We believe in measuring performance by outcomes and know that doing so utilizes the talents and skills of the brightest leaders in the business without requiring them to work harder, just smarter, and in doing so, at least in some small way, I like to think we help them live their best lives!

Is All This Really Necessary? Advancing Your Firm through Forms

Job ads, job descriptions, scorecards, and performance review forms.
Does our firm really need them all?
YES, here’s why.

In the fast-paced world of business, where actions often speak louder than words, forms, paperwork, and organizational content can sometimes feel like an unwelcome guest at the table of productivity. Firm leaders, driven by results, may view the ever-growing pile of forms and documents as a towering barrier to efficiency rather than a tool for success. The common sentiment echoes: “Are all these forms truly necessary? Do we really need all of this content? Can’t we get down to business?” It’s a fair question and one that speaks to a desire for simplicity in an increasingly complex professional landscape. Yet beneath the surface of this document-weary skepticism lies a fundamental truth waiting to be acknowledged: these forms are not just bureaucratic busywork but foundational instruments that orchestrate the symphony of a well-tuned business.

In this blog, we’ll clarify the maze of paperwork that supports a firm’s functions, showcasing not only their undeniable necessity, but also their powerful roles in strategy and execution. We’ll dissect the anatomy of these seemingly mundane forms and breathe life into their purposes—illuminating how job ads are the beacon that brings in top talent, job descriptions serve as the north star for role clarity, scorecards offer a snapshot of prowess and potential, and performance review forms act as the mirror reflecting growth and opportunities for advancement. All of these forms and posts demonstrate the quiet power of paperwork in steering a firm toward excellence. Although each of these forms share some descriptive features, they each serve a vastly different purpose.

The Job Ad

“We can just use the job description as the ad, right?” Nope!

You’ll want to tell the applicant something about your firm and the benefits offered and provide your contact information in the ad. Job descriptions don’t contain that and are generally too long, detailed, and dry, lacking a spark that grabs an applicant’s attention.

The job ad’s purpose is to attract top talent. Ads should serve to distinguish your firm from your competitors. In other words, they should grab the reader with some pizzazz – as if working for you offers an applicant something fun, interesting, or different, that this is not just another fungible job. When crafting an ad, be sure to include language that makes the reader want to learn more about your firm. Use language that describes how your firm is special. Ads should not be as detailed as job descriptions. One or two brief paragraphs at the most will suffice. It is also a good practice to provide specific instructions for how to apply. This will tell you whether your applicants can follow instructions.

Crafting a job ad that stands out in a sea of sameness requires a pinch of creativity and a keen understanding of your audience. Imagine the job ad as your firm’s handshake—firm, warm, and memorable. It’s not just about listing qualifications; it’s about telling a story that resonates with the aspirations of your ideal candidate. Does your firm champion innovation? Highlight a pioneering project. Is work-life balance a cornerstone? Reflect that in your ad. Use authentic testimonials that speak to the culture and success of your team, and don’t shy away from a dash of humor to make that connection personal and tangible. A standout job ad is one that not only provides clear and direct information, but also captures the essence of your firm’s spirit, making that first introduction something truly special.

The Job Description

“We have a lot of team members who have worked here a long time. They know their jobs, so we don’t really need to craft written descriptions, right?” Nope!

Job responsibilities transform as firms grow and as technology continues to replace outdated manual tasks. The duties your team members used to perform should also change as the firm grows and matures. New roles and jobs will be added (for which job descriptions are needed) in growing firms, and existing positions will become more sophisticated as technology evolves. Written job descriptions provide team members with clarity, helping them to focus on their roles.

The job description’s purpose is twofold: It provides the new hire or existing team member with a list of duties and tasks for which their role is responsible, essentially providing notice of what will be expected. It does not need to include everything the person in that role may ever be asked to do; rather, it should begin with some language such as “Duties include, but are not limited to…”

It also provides HR with a written record of which role is responsible for what, which is particularly useful when designing a healthy firm’s organizational infrastructure. (Think of an Org Chart where each role has a separate and distinct list of duties and responsibilities.)

The Scorecard

“We don’t need scorecards; we already have job descriptions, right?” Nope!

Job descriptions don’t emphasize the critical objective and measurable key performance indicators by which performance will be evaluated. Scorecards also contain information about how performance will be measured.

The purpose of a scorecard for each role is to make clear to your employees the most critical tasks and duties for which they are responsible and upon which their performance will be measured. Scorecards should not include every duty and responsibility listed in the job description, rather they should consist of the 4-6 most critical key performance indicators (KPIs) for that role. Scorecard KPIs should be objectively measurable (with a few notable exceptions) and should provide clear and measurable key outcomes (aka goals) against which to measure success. Scorecards should be presented to each employee during new hire orientation or for existing employees as soon as they are available. Scorecards offer transparency. They provide team members with knowledge of exactly what is expected. There are no surprises. By knowing what is expected, they now hold the key to success in their role.

Scorecards serve as the compass, offering key points of reference. Team members hunger for milestones that hallmark their journey toward success in their position. By providing them with checkpoints at which to aim and by defining what success looks like through these measurable KPIs, scorecards ensure that employees are hitting targets that matter. Team members and firms who have scorecards in place often:

The Annual Review Form

“We can just use the scorecard as the annual review form, right?” Nope!

The scorecard affords no place to write in comments, sign, or evaluate relative degrees of performance. They don’t have a place to list new goals or objectives for the next review period. Instead, annual reviews offer an invaluable opportunity to provide feedback and recognition (or constructive criticism) to team members.

The purpose of the annual review form is to provide written documentation of an employee evaluation both for employees and the HR records. They also act as a record of performance over time, allowing managers and employees to track growth and progress.

The magic happens when employees realize their scorecard KPIs match the performance categories on their review form. This drives the point home. Annual review forms may offer room to document varying degrees of success for each KPI, such as:

What type of KPIs belong on a scorecard and annual review form, you might ask? Two key elements stand out:

  1. Those actions that are integral and critical to the success of the firm (calling clients every 30 days, reviewing files every 30-60 days, sending x# of well-crafted demands each month, and fee production goals are some examples)
  2. Those things that you really want your team members to do but that never seem to take priority (lawyers networking with other firms and providers to attract 10% more referrals each year, employees participating in x# of community events, and pursuing and receiving x# of Google reviews per quarter are just some examples)

A standardized annual review form is an objective tool. Many firms do conduct annual performance reviews, but too often, they consist of how a supervisor or attorney “thinks” or “feels” a team member is performing based on their own experience working with them. The “thinks” and “feels” is the problem here. This approach is too subjective and entirely uncalibrated, meaning individual perceptions cannot be fairly or consistently applied to everyone throughout the firm. Without objective, measurable criteria, personal biases creep in and can skew evaluations. People who do well and receive a raise are often left feeling like they are well-liked, and those who don’t feel they are disliked. It should never be about feeling liked or disliked. It’s about actual job performance.

When objective, measurable criteria (goals often appear as numbers or percentages) are applied, personal judgments evaporate. If a team member met their KPIs, they earned a positive review and perhaps a raise or bonus. If they didn’t, it’s not personal, an action plan for improvement should be developed.

No manager or supervisor should dread conducting performance reviews for fear of having awkward or difficult conversations. If the KPIs are appropriate and objective, and if the team member knew them in advance, the manager is simply reflecting the performance of the team member using the annual review form. No personal judgment is involved.

Finally, it’s important to mention that the contents of an annual review should not come as a surprise to your team members. Rather, it should summarize the level of performance in each key category. When performance is lacking in any area, it should be addressed promptly – as soon as it is discovered – by way of a conversation designed to identify whether more training is in order or something else is hindering performance. Continuous coaching, periodic check-ins throughout the year, and targeted training often cure lagging performance.

Finding Your Way

Think of job ads, job descriptions, scorecards, and performance review forms as the four cardinal points on your company’s talent management compass. Each serves a specific purpose and is irreplaceable in its role. Job ads are your beacon, attracting potential talent to your organization. Job descriptions are your roadmap, outlining the path that each role should take. Scorecards are your milestones, helping you measure progress along the way. Performance review forms are your trusty compass, pointing out areas for growth and steering your team in the right direction.

These forms are not just paperwork—they are strategic tools that can elevate your talent management game to new heights. They provide clarity, encourage accountability, and foster a culture of continuous improvement. Without them, you’re essentially navigating blindfolded.

Like any tool, their effectiveness depends on how well they’re crafted. A poorly written job ad or an ambiguous job description can lead your talent off-course. So, it’s essential to get them right.

And if you’re unsure where to start or need help refining these crucial tools, Vista is here to guide you. We can help you craft and develop strategic tools that elevate your organization. With a professional and confident approach, we take the time to understand your organization, its culture, and its goals. Then, we use this insight and our deep expertise to help you create forms and content that fit your needs like a glove.

Cultivating Leadership Skills: A Pathway to Business Success

Ah, the holiday season! It’s a time to be grateful for all that we have and to joyfully celebrate with friends and family as we wind down another year. It’s a time to look back on the year, contemplating and preparing goals for the year ahead. It’s also the ideal time to give some thought to the ambitions and career paths of those who drive your business, without whom many of the firm’s desired initiatives and resulting achievements might just remain a wish — the leaders in your firm.

According to this year’s Global Leadership Forecast, leaders who understand their career path are four times more likely to find meaning and purpose in their jobs. Stephanie Neal, Director of Development Dimensions International’s (DDI) Center for Analytics and Behavioral Research, was quoted in a recent Forbes article addressing the topic.

“Younger high-potential workers want more development, coaching, and feedback on how they can grow as leaders within the company. We found that 50% of younger high-potential workers who received key developmental experiences reported having a stronger sense of purpose at work, compared to only 35% who didn’t receive the same experiences. The research also shows that 85% of young workers want more coaching. Leaders who receive quality coaching from their managers were far more likely to see a clear path to grow at their organization.”

From C-suite leaders to mid-level managers and supervisors, the desire for professional growth, promotions, and continuous financial advancement in a firm is something ambitious professionals have in common. However, given the traditional organizational structure of law firms, paths for growth and promotion can seem limited, especially in smaller firms. Unless opportunities are afforded and encouraged, many team members assume they will have to leave to continue to grow. Historically, mid-level managers in law firms would eventually “hit the ceiling” in terms of promotional opportunities unless they went to law school or pursued an adjacent path to further their careers. For many, law school is simply not an option, and for those who stay with the firm, over time, lack of professional development can lead to apathy, job dissatisfaction, and eventually resignation.

But it doesn’t have to be that way! There are many ways to grow skills and specialties and advance the development and earning capacity of the leaders in your firm, but we must approach this deliberately to help our leaders follow through to attain their goals. Helping people invest in their own professional and personal development is one of the best ways to retain and reward top talent. Here’s how to do it.

Planning and Goal Setting

Just as we set production goals and financial goals for the coming year, owners and partners should set aside time to meet with each of their direct report managers individually to discuss their career goals. The simple act of having these one-on-one discussions may yield information about your managers that you might not otherwise know, and the end of the year is the perfect time to have these discussions so that a plan can be mapped out in writing for the coming year beginning in January.

The objective is to gauge each leader’s desired growth in the coming year and to discuss how, together, you can develop a cogent plan to meet each milestone. The discussion should include an honest acknowledgment of the manager’s strengths and weaknesses. Owners should provide candid feedback about their observations of the manager’s strengths and areas where they believe their manager could benefit from additional training and/or education. Given the manager’s goals, a reasonable plan with target dates for each milestone should be crafted and agreed upon for the coming year.

Budget for Leadership Development

Like the legal profession recognized the need for lawyers to take part in mandatory continuing education, all leaders in a firm should be required to keep their skills fresh and evolving. It’s far more likely that leaders will take advantage of learning opportunities when the firm pays the expense and the time invested takes place during business hours. A budget should be created for all managers, supervisors, and emerging leaders for continuing education such as webinars, in-house training such as lunch and learns, live seminars, and skills training courses – both online and in-person. Leaders should be told how much is available in the budget for their use and should be encouraged to take advantage of courses and to read books relating to their career goals. Finally, there are also countless free resources available such as Ted Talks and online periodicals, blogs, and journals. Leaders are readers!

Emerging Leaders and Manager Skill Refinement

According to the research conducted by DDI, there are five critical skills every emerging leader needs to master. They are:

  1. Identifying and developing future talent
  2. Strategic thinking
  3. Managing successful change
  4. Decision-making and prioritization
  5. Influencing others

Active Coaching Tips for Owners and Partners

For owners and partners who actively work in the business (handling client cases, leading meetings, making decisions, etc.), there are many things you can do to make the space for emerging leaders to practice and hone their skills.

Cultivate Leaders, Elevate Your Business

The cultivation of leadership within your organization plays a pivotal role in the long-term success and resilience of your business. By setting clear expectations, fostering a culture of continuous learning, and actively involving emerging leaders in decision-making, you not only equip them with the skills and knowledge necessary for their roles, but also show your genuine interest in their professional growth. Leadership isn’t merely about holding a position, but rather about making impactful decisions and guiding others through the journey of growth and success. Make leadership development a priority, and witness how it positively influences your firm’s trajectory.

Unlocking Efficiency: The Power of an Operations Manual

What’s the one essential resource every firm needs to reduce turnover, improve employee engagement, and consistently ensure a high-quality work product?

The operations manual.

Those who have one and use it properly know the power of this tool. Those who don’t are doomed to a life of frustration, repeating the same mistakes over and over again. Trying to run and scale your business without one is needlessly difficult, so before you spend one more dollar on marketing, read this blog!

You’ve crafted a solid vision and mission statement, hired enough people, and seem to be well-positioned for growth, but the same problems continue to reoccur. Pockets of team members are just phoning it in. Some seem checked out and confused, lacking both energy and enthusiasm. Turnover is too high, and intake and case handling quality are inconsistent. You may have a few experienced team members who are repeatedly asked to train new hires, but many new hires leave shortly thereafter, or worse, stay and underperform, weighing your firm down. You’ve heard how helpful procedural manuals can be, but your team doesn’t have the time to write a manual, they are too busy handling cases!

At Vista, we have encountered this situation in countless firms. Sadly, many managers think this is just the nature of the business and that it has to be this way. It doesn’t! There is a solution. It’s an operations manual that incorporates your customized client service standards with proper instructions on how to use your case management software.

The operations manual is so much more than just a training or a reference tool. It is a game changer. It’s essential to ensure a consistent, high-quality client experience every time. The bottom line is that if you want to compete with the best in the business, you can’t afford not to make the time to create your own.

The advantages of having an operations manual

  1. It serves as a training tool for new hires as well as a back-to-basics reference tool for veteran team members.
  2. It provides the content for consistent, standardized training and increases the likelihood that the same high-level quality will be delivered by everyone every time.
  3. It reduces the number of repeat questions fielded by senior team members. Legal work requires attention and focus. Every time a co-worker is interrupted with a question, more time is required to recover and regain focus on the original task. This is inefficient and, over time, can cause stress and friction among team members. Rather than repeatedly asking the same questions of already busy paralegals, team members can now go look up the answers themselves.
  4. It reduces turnover because trying to memorize every procedural rule learned in initial training sets new hires up for failure. They need a resource to go to when they forget the right way to do something.

Many team members don’t want to bother their team leader or another paralegal by asking too many questions, so instead, they will just complete the task wrong or not complete it at all. Employees do not enjoy having to do this, they just don’t feel like they have a better option. Eventually, lacking proper training and support, these people will leave. Now, your senior paralegals, who already handle full caseloads, will need to stop what they are doing and train another new hire who may or may not stay. This is a vicious cycle!

Team members are most engaged and thrive when they know exactly what to do and how to do it. They leave at the end of the day knowing they did great work for their clients within the specific guidelines of the firm. The clients are happy, the team members are happy. Win/win!

How to eat the elephant

If you’re thinking creating an operations manual is a big task, you’re right. Getting a solid, well-thought-out operations manual in place takes time and commitment. So, for an already overwhelmed firm, who should complete this project?

It’s usually choreographed by the office manager, operations manager, or COO, but that doesn’t mean they should attempt to complete it all themselves.

First, assign a project manager. Then identify and choose one subject matter expert from each phase of case handling, beginning with intake. The project manager should call a meeting with all subject matter experts to explain the goal of the project and outline the plan. This will involve explaining that each subject matter expert will be responsible for writing a rough draft of their phase on how to handle cases within your firm’s case management system and within your client service expectation guidelines.

The drafts should provide a detailed explanation of how to complete each step in the case stage process. Including screenshots from your case management system is strongly encouraged. Remember, every team consists of different types of learners. Visual learners need screenshots, in fact, they’ll be lost without them, and your manual will be ineffective.

Next, the project manager should decide how many rough drafts should be submitted before the final draft is due. The project manager should then enter the plan with the subject matter experts’ names and target completion dates into your project management software or simply a calendar. Due dates are important. Do not skip this step!

Finally, the project manager should schedule the next meeting for the same day the first drafts are due. The project manager should review each first draft for content and for consistency in terms of the level of detail provided by each subject matter expert. Some drafts will likely be written in general terms, some in more specific terms. Because the more specific, the better, the best version should be shared by the project manager as an example of how much detail is expected. Each subject matter expert should polish up their drafts and submit the appropriate content and detail in draft number two. This process should continue for at least three drafts until the project manager deems the final draft complete.

At that point, the final draft should be handed off to someone in the firm who can automate it into a learning management system (LMS). While you do not need to use a learning management system (a Word document or PowerPoint with screenshots would do), screen recording software is particularly useful for visual learners. If, however, you craft a written manual, be sure to break it up into brief paragraphs and use lots of screenshots from your case management system.

What should my operations manual include?

Begin at the beginning.

Every operations manual should have an introduction to the philosophy of your firm, your vision, mission, and core values. This sets the tone for your firm’s culture. It should also contain a table of contents. The first section might begin with instructions on basic telephone hardware use and instructions on how the firm greets clients, including scripts. The table of contents should continue in order of case stage handling through the disbursement process and close with specific techniques on how to brand build and market to former clients.

Keeping it alive

Now that you have done all the work in crafting this masterpiece, don’t let it sit on a shelf! The Operations Manual should be a living document and must be updated continuously as tools, workflows, and procedures change. Appoint someone responsible for doing this task.

While it should be made available to everyone in the firm, it is not enough to expect your team to read it or watch the tutorials in their spare time. Trainers or team leaders must make time during the day to train and conduct refresher training in small groups using the manual regularly on an ongoing basis. This will keep their skills sharp and reinforce your firm’s commitment to quality case management.

Once these steps are in place, EVERYTHING gets better. Repetition is the key. Now you are ready to grow your firm with a standardized approach and a solid foundation in place!

The Pressure Cooker: Decoding Workplace Stress and Finding Balance

Midway into 2023, having survived all the personal and professional challenges thrust upon us by a multiyear pandemic, increasingly toxic politics, doom scrolling, ubiquitous social media, stubbornly high inflation and just navigating the uncertainties of relationships and everyday life, it’s no wonder that many of us report living and working in a constant state of stress!

But what exactly is stress?

According to the World Health Organization, stress can be defined as a state of worry or mental tension caused by a difficult situation. It’s a normal reaction to various pressures. While everyone experiences stress to some degree, it manifests differently in different people, both emotionally and physically. Keep in mind, that means in ways both seen and unseen. Sometimes we don’t even recognize when it’s influencing our behavior.

While we all feel stressed now and then, there’s a distinction between healthy stress – that which is natural and can even assist with our personal and professional growth, and unhealthy stress, which over time, has been proven to contribute to life-threatening illnesses and conditions.

When unmanaged, chronic emotional stress is linked to six leading causes of death including heart disease, cancer, lung ailments, accidents, cirrhosis of the liver, and suicide, according to the American Psychological Association. Less severe, but very common manifestations include elevated blood pressure, loss of sleep, a weakened immune system, mood swings, and upper gastrointestinal symptoms.

Have you ever experienced physical symptoms brought on by emotional stress? Did you recognize the cause at the time? Because everyone experiences stress differently, it’s worth taking some time to think about and identify your own personal stress triggers and how you react or respond.

Common stressors in the workplace

How we deal with stress at work is integral to our mental health and physical well-being. The first step is to identify and define exactly what causes you stress at work. Don’t think too broadly here: Be specific! The more clearly you define it, the more likely you are to apply the appropriate coping mechanism or solution. Some common examples of workplace stressors are:

  • Unclear performance expectations
  • Lack of personal and/or professional support
  • An unmanageable workload
  • Pay that is disproportionate to the work being performed
  • Lacking opportunities for advancement or development
  • Conflicts with co-workers or supervisors

Stress can manifest itself in a variety of ways. Some ways may seem more obvious than others. It’s important, as we work on optimizing our well-being, that we learn the various ways in which stress may make itself known to us. Here are some examples of ways stress can manifest itself:

  • Difficulty concentrating
  • Losing confidence
  • Not feeling motivated or committed to your job
  • Finding it hard to make decisions
  • Feeling depressed
  • Feeling anxious
  • Feeling more emotional – more tearful or sensitive
  • Feeling irritable or having a short temper

How we can manage stress ourselves

A wise man once told me that when we say, “we don’t have time” for something, what we really mean is, “it’s not a priority.” Let that sink in. We all have the same number of hours in a day. The key is how we use them. Keep that in mind as you read the tips below. Prioritizing these practices is an investment in the health of your most valuable resource…YOU!

  • Create a new plan to arrive at work early. Eliminate self-imposed beat-the-time-clock stress. When you begin the day early and calm, you set the tone for the rest of the day. Set your alarm 30 minutes earlier, allowing time for extra traffic and coffee at the drive-thru in the morning commute. This will allow you to start off each day more calm and balanced.
  • Take breaks from watching, reading, or listening to news stories, including those on social media. Let’s face it, politics and news these days can be overwhelming and downright depressing. If you constantly immerse yourself in outside turmoil, then your inner peace will consistently be disrupted. Avoid total immersion. Limit your intake and listen to your favorite music instead.
  • Practice setting boundaries. This can be particularly difficult in a demanding work environment. When workplace obligations become unreasonable, and you feel unable to meet a deadline or accomplish a project within a certain time frame, it’s best to communicate that up front, offering an alternative, rather than to stay silent and then miss the deadline. Your manager may not fully appreciate the time commitment required of this particular “ask.” When you propose an alternative, you might be surprised at how flexible they can be!
  • Carve out some quiet time every day. My best ideas materialize when I’m in the shower or outdoors taking a walk. Even with an open-door policy at work, we all need some time to think and regroup. Make time for a little peace and quiet. Go for a walk. Do a quick yoga routine. These breaks provide a mental re-set and may even spark creativity!
  • Don’t let perfect be the enemy of good. This aphorism commonly attributed to Voltaire, simply means that when the goal is perfection we can often overlook opportunities to initiate improvements that, while not perfect, are still solid and beneficial. The takeaway? Perfection is impossible so don’t waste time and effort striving for it when “good” can be great. It’s useful to remember this if you find yourself struggling with analysis paralysis. Also important is the Pareto Principle, commonly known as the 80-20 rule which states that 80% of results come from 20% of efforts. This concept is helpful in identifying which actions to prioritize to maximize the impact.
  • Talk to others. It does no good to withdraw. That just internalizes and empowers stress. Confide in a friend or loved one about how you’re feeling. Talk openly and honestly about what you’re going through. Remember: stress impacts all of us. If an employee assistance program is available at work, take advantage of this resource.
  • Practice deep breathing techniques. It feels good, and it really does help. In moments of overwhelm, try pausing, and doing a one-minute box breathing practice. Breathe in for a count of four, hold for a count of four, breathe out for a count of four, hold for a count of four, and then start it all over again. Those 60 seconds you spend focusing exclusively on your breath will pay off dividends in your ability to calm the chaos, navigate the upheaval, and conquer stress. It puts you back in control. Meditation? Even better!
  • Eat well and drink lots of water. Did you know that feeling anxious is often a sign of dehydration? This is especially true if you drink a lot of caffeinated drinks. Swap out that second coffee for some H20 instead. Feeling like the brain fog is rolling in? Snack on some fresh vegetables, fruits, or nuts instead of reaching for sugary, highly processed foods. Brain foods like this improve mental clarity!

What employers can do to support employees and reduce stress in the workplace

As firm leaders, it’s important to acknowledge your role in your team members’ overall well-being.

Firms that intentionally implement supportive strategies to reduce workplace stress such as these enjoy the following advantages:

  • Reduced turnover resulting in higher productivity and momentum
  • Improved workplace morale
  • Reduced absenteeism
  • Improved employee engagement and loyalty
  • Healthier team members

You can be a vital resource to help your team members better manage workplace stress and navigate it in a healthier, more optimal manner. Here are some tips to help you do just that:

  • Walk the talk. Show that you mean what you say by practicing it. Share your own healthy and effective stress-relieving tips and techniques in an open way. You may inspire team members to adopt the same strategies for themselves.
  • Offer health and wellness benefits and an Employee Assistance Program. When employers share the costs associated with physical and mental health care, team members are far more likely to seek the preventative care and treatment they need. Establishing an Employee Assistance Program (EAP) shows your team how much you truly care about their well-being.
  • Offer discounted gym, pool, or spa memberships. This is a great way to encourage a healthy and fit team culture. Fitness center fees can be cost-prohibitive, so many team members really appreciate this perk.
  • Provide fresh fruit and healthy snacks in the office for team members to snack on. Rather than stocking up on chips and candy at the next Costco run, buy the brain food! It fits the healthy culture you want…and ok, maybe buy a little chocolate every now and then.
  • Offer standing desks as an alternative to traditional workstations. Standing and walking encourage the emotional and mental re-set that helps us regain focus. Offer this option to promote maximum focus and creativity.
  • Offer flexible work schedules. Conflicting priorities and scheduling demands, particularly on parents and elderly caregiving employees, can lead to additional stress at work. If your company’s model permits, offer flexible work arrangements whenever possible. Rather than worrying about how much and when your employees are working, measure their success by the quality and timeliness of the output.
  • Offer resources and training courses on conflict resolution. Sometimes the source of stress at work originates from personality conflicts between co-workers. Few of us have formal training in the art of resolving conflict in healthy and productive ways, but there are courses, books, and materials out there that specialize in just this. Team members should be afforded these resources and encouraged to learn about them as part of their professional development.

Creating a healthy and supportive work environment is essential to reducing stress in the workplace and can help your employees feel valued and supported while also improving overall team morale. Ultimately this will lead to improved employee engagement and loyalty as well as healthier team members with higher productivity rates. Start implementing these strategies today for an effective way of promoting mental clarity throughout the office!

Looking for the Lesson: Using Closed Case Data To Improve Future Performance

When was the last time you took the time to review closed case data? If you’re like most leaders, it’s hard enough to find the time to manage all of your active cases, let alone review closed cases! Still, it’s so important to make the time to review what actually happened from beginning to end. This data tells the whole story, including exactly where and how we need to improve.

Closed case data tells us not only what happened but what is likely to happen unless we take action to change it. While every case you handle is unique, when reviewed in mass, you can begin to identify patterns, bottlenecks, and problematic processes. When approached thoughtfully, closed case data can be an incredibly powerful tool for law firm leadership. It serves as a highly effective predictor of what is to come. In this week’s Vista blog, we’ll explore some of the key metrics you should be evaluating from your closed cases.

AREAS OF INTEREST

Intake

Intake is the lifeblood of a personal injury law firm. Identifying and quickly and proactively addressing any issues that exist in this department is vital to your firm’s overall success. In the intake department, you should be reviewing closed cases with fee percentages quarterly to ensure proper screening practices. If you know what percent of cases you should be closing with a fee, you can adjust your screening criteria at the intake stage accordingly. When evaluating the data, ask yourself questions like:

  • Are you signing up too many cases that later close with no fee? If so, your screening criteria may be too broad. Consider tightening your screening criteria in order to increase your batting average. Conversely, if you are closing over 90% of all cases with a fee, you may have room to widen the net and accept more complicated fact patterns at the intake stage. Making these types of adjustments can dramatically improve your bottom line as a business.
  • Do you track the reasons your wanted leads were lost? If so, have you noticed a trend? Closely analyzing data patterns like these can help you zoom in on lost opportunities or resource leaks. Tracking and reviewing this data is key to identifying why your conversion rate isn’t higher.
  • Once intakes are closed out, are you reviewing data by the intake manager? Doing so can help you identify your closers, those people who are able to land the leads you want. It can also help you identify those team members who may require more training on sales tactics or empathy.
  • Taking the time to look back on intakes that were referred out to identify trends can be a useful exercise as well. Is there a case type generating a large amount of leads for your firm that you consistently refer out? Might it be beneficial to bring that case type in house? Looking back on the data can help you make those critical business decisions.

Case management

In the case management department, closed case data such as time on desk, average case fee, and rate tell us all about how efficiently teams are performing. Mistakes made in this department can undermine the success of your intake department. Don’t forget that cases need to be nurtured from the first call to the disbursement. When analyzing your closed cases data, focus in on key case management metrics and ask yourself questions like:

  • Do you separate the average time on desk (TOD) metric by pre-litigation and litigation? Knowing your baseline in each case phase can help you to identify outliers or areas for opportunity to provide more efficiency. Note: take the time to identify what “time on desk” means. If you are only tracking it from case open date until the settlement date, you may be missing opportunities to create post-settlement efficiencies. A lag from settlement to disbursement not only affects the client experience, but it also may be a diagnosable problem!
  • Does your pre-litigation time on desk (from open to closed) average under 12 months? If so, you may be too focused on efficiency at the expense of building value, and the time it takes to do so. Taking the time to ensure your clients are receiving the treatment they need is critical. You’ll also want to train your team to identify value drivers in a case, like MRIS, injections, or surgeries.
  • Do you know your average case fee for each case type? You should! Establishing a baseline can help in a variety of ways and help identify your most profitable case types. Do you also measure it comparatively by attorney? Again, you should. You likely have attorneys with different risk tolerance. Knowing their average fees can help with mentorship pairings and case valuation committees. These are metrics with which all firm leaders should be familiar.
  • Do you measure and set goals to improve your case “rate?” Finding the rate is a simple equation: average case fee divided by TOD in months. Rate measures efficiency but also measures effectiveness because it accounts for the value added every month that a case stays open. Taking the time to measure case rate and using that data to establish goals and identify areas ripe for improvement could help your law firm reach its growth goals.

Understanding the process and the payoff

At Vista we strongly recommend making the time to track and review closed case data. For every firm with which we work, the process of analyzing closed case data reveals powerful insights and eye-opening findings. Through the collection of that critical data, firms can begin to better understand what’s working, what’s not, and where they may be able to make easy adjustments in order to gain big yardage. Oftentimes as leaders, it’s the moments when we take time to look back that we better understand how to move forward. Once we know where we are, we can decide exactly where we want to go and create better strategies to get there. If you want more insight on how to approach a closed case data evaluation project, you can reach out to our team by clicking the button below.

The Plague of Repetition: 10 Key Disciplines for Highly Productive Meetings

You know the one – that standing, required meeting that seems to only serve to interrupt our flow on a regular basis. The one where the same people talk about the same things, and little gets accomplished. For many attending, it can be tempting to daydream, doodle, or otherwise check out. And yet we keep doing it, over and over again without fail. Why? Because it feels like we have to. It doesn’t have to be that way!

The secret to running effective and highly productive meetings requires discipline, but once these practices are repeated enough, they become a habit – a very healthy habit that can energize your team and move your organization consistently forward. Isn’t that the goal?

Here are the ten key disciplines we recommend applying to every regularly recurring meeting. Doing so can transform tedious, ineffective meetings into time well spent for everyone involved.

Start with the Purpose.

To determine the purpose, ask yourself if the meeting is designed to inform, to brainstorm, or to gain consensus. Make sure all attendees understand the purpose of the meeting and their role. Communicate the purpose clearly. For regular meetings, it’s also a good idea to remind the team occasionally of the purpose.

Always have an agenda.

The agenda should be shared with everyone in attendance, in advance whenever possible, to give attendees more time to think about what they’d like to contribute. If people don’t know the reason for the meeting, they may be reluctant to contribute. Many people need time to process their thoughts and aren’t comfortable speaking until they’ve had time to think.

Determine who will run the meeting.

Is this meeting one that must be led by a member of the leadership team, or does it make more sense to rotate the leader role among different attendees? Understanding the purpose and subject matter will help make that decision clear. If the responsibility is rotated amongst team members, give ample notice so everyone knows when it’s their turn.

Require participation by everyone in attendance.

Set the right tone. Everyone is expected to contribute, otherwise they are not adding value and don’t need to be there. Be clear about what participation looks like. When should questions be posed? How should feedback be submitted? Can additional thoughts be shared after the meeting? If so, who should be included in those post-meeting memos? Engagement is essential to productive meetings.

Start on time, every time.

The meeting leader is responsible for arriving and beginning the meeting on time, every time. This emphasizes the importance of the work to be discussed and shows respect for everyone in attendance who also arrived on time. This starts at the top. When the leader arrives late, it sends a message that something else was more important. This dilutes the discipline and quickly spreads to all others in attendance. Once that happens, the meeting rhythm falls apart.

Avoid canceling and rescheduling.

Everyone is busy. Calendars are already full. Canceling a standing meeting because one or more people were unable to attend gives too much weight to those individuals and not enough weight to the importance of the business to be conducted at the meeting. Rescheduling also disrupts the calendars of all other attendees. Anyone unable to attend should be expected to read the minutes or watch the recording, and catch themselves up before the next meeting.

Leaders – Hold back!

It’s important that the meeting leader refrain from stating their desired outcome at the start of the meeting. Doing so will discourage creativity and alternative ideas and will likely result in the outcome they wanted. When leaders come on too strong at the beginning, those in attendance are left wondering why they needed to attend a meeting if the outcome was already predetermined. Let the team members discuss. Leaders should listen, observe, ask questions, and be open to new approaches and ideas. The leader’s thoughts on the matter should be saved for the end of the meeting.

Appoint the “meeting police.”

One person should be asked to listen and watch for agenda creep and tangents. This is what causes meetings to go off the rails and last too long. It should be understood by all in attendance that this person is empowered to call it out on the spot and get the meeting back on track. The purpose of the meeting police is to ensure everyone’s time and attention is respected. The meeting police should also ensure notes are taken or the meeting is recorded. For our team at Vista, our Focus Specialist helps keep us on track during the meeting.

Wrap up with action plans, owners, and target dates.

Productive discussions in meetings usually result in steps that need to be taken to move the projects along. Identify one individual (appoint, or they may volunteer,) to own each outstanding task. A target date for completion should be discussed and agreed to at the end of the meeting. Meeting leaders should keep track of those who consistently execute upon their action steps timely and those who don’t.

End on Time.

If the attendees were asked to block out one hour for the meeting, it should end after one hour. This is about respecting the schedules and time commitment of everyone involved. While there are different schools of thought on this, I have found that meetings lasting longer than one hour tend to detract from their achievement. Attention begins to wane and restlessness sets in. If a meeting must go more than an hour, be sure to allow for breaks.

Finally, beware of continuing regularly held meetings because you’ve always had them. Instead, ask, do we still need this one? Should it be an informative email instead? We recommend auditing all standing meetings at least twice a year to review their frequency, quality, and necessity. Meetings don’t have to be dreaded, they can be a great way to bring your team together and make a real difference!

SOPs and the Litigation Lawyer: The Balance of Necessity and Value

One of the greatest challenges faced by many “procedure-centric” firm leaders is the ability to persuade litigators of the importance of complying with the firm’s standard operating procedures. If the firm administrator operates at one end of the spectrum, the litigation lawyer resides at the other. Procedures are clear. They are black and white. They often represent the closest thing to an exact science in a law firm.

On the other hand, much of the strategic creativity necessary for successful litigation is an art, born of persuasion, instincts, and emotion. The best trial lawyers understand this, embrace it, and thrive on the unlimited possibilities that exist to frame persuasive, winning arguments. Many of these lawyers leverage their strategic verbal skills both in and out of the courtroom. For some, the tactical argument can even become the default position in everyday communication with co-workers, friends, and family members! Many litigation lawyers possess very high levels of self-confidence. While believing in their ability to win is crucial for successful case resolution, it can sometimes cloud their ability to appreciate work they may not deem vital to the win.

That can result in frustration amongst their team members in both supporting and leadership roles within a law firm. It’s essential for firm operations leaders to not only recognize this, but to appreciate that it is largely a personality trait likely cultivated over time, which may be particularly strong. This can make attempting to convince a trial lawyer of the importance of things such as summarizing a phone call with a client in the case management system a Groundhog Day-like experience that firm administrators must relive over and over again.

It is possible, however, to make progress in this area by first considering what drives litigating attorneys. Litigation lawyers are motivated by winning. Many are driven by the challenge of the fight. Words are their weapons as well as their shields. Understanding this, operations managers should make every attempt to speak their language, and their language is the art of persuasion. They are much more likely to operate within the confines of procedural requirements once convinced of how doing so benefits them. It’s the critical, “What’s in it for me?” question to which operations leaders must provide an answer. It is through understanding and empathy that we begin to bridge the science / art divide.

While, generally speaking, it’s important for morale and culture to ensure every member of a team operates within some non-negotiable boundaries, the key is not to try and force the litigators in the firm to dot every “i” and cross every “t” themselves. Instead, provide them with the support they require (within reason) to obtain the best outcomes. While some managers and team members might be concerned about the perception of exceptionalism for the litigation attorney when it comes to requiring compliance with all SOPs, this is a specious argument. A firm’s litigators should not be subject to all the same standards as the other team members in a firm. No other position in the firm requires as much time away from their desks during business hours or as many hours preparing, developing and memorizing creative strategic arguments in the days leading up to trial.

Instead, the litigation lawyers must have their own set of non-negotiables and key performance indicators that apply only to them. Their KPIs should consist of a mix of outcome-driven revenue goals, client and community service goals, and only essential SOP goals. Tailoring the litigation attorney’s KPIs to what matters most to the clients and the firm is the answer to maximizing the performance of the litigation lawyer.

If requiring a procedure yields no benefit to the litigator or to the outcome of the client’s case, we should re-examine the necessity of the requirement. Ask the following:

  • Does the required procedure add value to the case? (such as regularly recurring conversations with clients;)
  • Does it benefit the firm as a whole? (Such as data entry for management report purposes;)
  • If so, can it be performed by a support team member instead?

If the requirement is deemed essential, and it is practical only for the litigation lawyer to perform, then it should be deemed a non-negotiable requirement with which they must comply. Failure to do so should result in consequences for which they are held accountable. Therein lies the equity of requirements and outcomes.

When operations managers and litigation lawyers learn to strike the right balance, the firm as a whole will thrive. This task simply takes time, patience, and understanding. Learning to appreciate and respect the roles of both team members and the responsibilities they hold should be an ongoing and bidirectional process. The payoff of that work is monumental and worthwhile.