Bringing a mere checklist to a matter team is like bringing a water gun to a house fire. The whole house is on fire: you need the right tools. That would be a fire hose and certified firefighters. Checklists are an important tool, but they cannot substitute for professional judgement and customized solutions where needed. That’s where legal project management (“LPM”) comes in.
Some lawyers may see LPM as a series of checklists. They are partially right. I recall that over a dozen years ago, a managing partner of a leading AmLaw firm told me that any smart lawyer with a list can be a good project manager. I simply smiled and nodded, knowing that I would remember what he said. Indeed, those words have often come to mind.
LPM and checklists do share a lot in common. Both can be used to break down a complex job into smaller, more manageable chunks, providing structure and order.
Who doesn’t love a good checklist? Checklists are wonderful according to the most ardent listmakers. Overwhelmed? Make a list. Anxious about forgetting a critical detail? The checklist has you covered. Wondering what to do next? Consult the list. Few activities provide the sense of immediate accomplishment like checking things off a list.
But if your firm is not getting the expected benefits of LPM, maybe you’re relying too much on lists and not taking full advantage of LPM.
The Beauty of Checklists
There have been entire books written about the humble checklist. Among them is a decade old self-help book titled “The Checklist Manifesto: How to Get Things Done,” written by Harvard Medical School professor, surgeon and author Atul Gawande. Although the author is a surgeon by training and the book carries liberal examples drawn from the medical field, the lessons inside can apply to any profession and even to your personal life.
It seems that checklists would be the perfect tool for organized lawyerly personalities. Whether that list is scribbled on a cocktail napkin or memorialized in a fancy spreadsheet, the best checklists are clear, concise, decisive and practical. But not every lawyer has the same personality and style. For some artful legal minds, checklists are overly rigid and undermine their expertise and creativity. Legal practice is, after all, a blend of art and science. Where is the art in checklists?
Personally, I love a good list. I often have one — or five — going simultaneously. Call it an occupational hazard. A list along with a pad of yellow stickies will take you places. Checklists are an important part of LPM. But LPM is more than just list making. If your lawyers treat it that way, they are not leveraging the strategic implications the discipline should have.
As a surgeon, Gawande operated in a high-stakes environment. He warns, though, that checklists do have their limitations. This is in no way intended to minimize the importance of a good list. As Gawande reminds us, checklists can and do save lives — in the operating room, in airplanes and in a host of other fields.
However, there are limitations, particularly if checklists are the primary tool. Perhaps the most critical is engagement. The last thing any team leader wants is a compliant group that goes through the motions but lacks true engagement. Without engagement, critical thinking — along with creativity — go out the window. Your team needs out-of-the-box thinking — not checklists — to adapt and claim relevance in an increasingly competitive market.
Getting the Full Benefits of LPM
If your firm is not getting what you expect from LPM, thoroughly review your processes to see what’s lacking. As useful as checklists can be, your efforts must extend far beyond a rigid check-the-box protocol. That’s not the value you’ve promised your clients, nor is it the experience under which your legal professionals flourish. Your clients didn’t come to you because you have good checklists.
Take the time to ensure that the following three elements are built into every LPM initiative. It’s how you will tackle the limitations of checklists and deliver superior results.
- Strategic planning: Sound planning requires you to be specific about the objectives, scope and timeline. You must also ensure that you are tracking and measuring to understand what comes next and when stakeholder communications and course corrections are needed. This is where professional expertise and the contextual backdrop gleaned from years of experience come to the forefront.
- Risk assessment: Expect the unexpected. Anticipate where the land mines might be and devise mitigation strategies. This moves the team beyond complacency and requires critical thinking and analysis. Risk management is never a stagnant process. It can be one of the most intellectually stimulating and rewarding aspects of matter management, and one that differentiates your law firm.
- Resource management: A comprehensive LPM approach uses resources wisely, providing opportunities for professional and personal growth. This includes technical resources, as it is increasingly important to ensure that human resources are optimized. Brilliant legal minds are put to highest use. Here’s where engagement intensifies and innovation soars. Lawyers relish the opportunity to deepen their expertise and gain the flexibility required to develop within a dynamic practice. Resistance? Not when your resources are challenged and optimized.
LPM does not replace the expertise of lawyers and legal professionals with checklists. Rather, the use of checklists in combination with the most strategic elements of LPM provide comprehensive solutions to help ensure that your results delight your clients and engage your legal professionals.
LPM, not Checklists
LPM has never been about checking off tasks on a list. Sure, there are checklists involved but that’s just a part of it. The critical elements of LPM — strategic planning, risk mitigation and resource allocation among others — ensure that each matter is handled efficiently and enhances your firm’s reputation and position in the market.
As Gawanda — and that managing partner — remind us, checklists are undoubtedly useful. They help manage a complex project, prevent errors and help teams coordinate their efforts. But they are just a piece of what’s required for successful legal project management.
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