Tips for Creating a Visual Schedule of a New Legal Matter

Some weeks ago we launched into the topic of "getting the work done" as being the third of the five areas, that make up business in the world. As you know the first two areas are "clients or customers" and "administration."

Last week we talked about using timelines as a way of organizing your work.

You will remember that I suggested that anyone who had any training or any background in dealing with the construction field would probably be familiar with both "timelines" and "critical path method" of construction. As I previously stated, I was very much struck by the fact that those methods of organizing construction could also be used to organize the handling of legal work.

Anyone who has any experience with a "critical path method" will know that the whole concept is that certain things need to be accomplished before certain other things can properly be done. Obviously, in the construction world you have to be sure to be able to dig a foundation, build the foundation, and put the first floor on a building before you can start building the second floor

Similarly, there are certain things that you could put on a "critical path method when handling both litigation and non-litigation matters. Last week we talked about the sequences of litigation and the sequences of non-litigation matters. We suggested that you'd be able to use these categories and be able to assign dates to them so that matters can be timely completed. Similarly, using these same categories from last week, you can see how certain things need to be done prior to the time that other matters will be able to be done.

Obviously you can't try a case without preparing it, conducting discovery, having the initial pleadings and doing the preliminary investigation. Also, you cannot execute documents without preparing the documents, negotiating the documents, doing your investigation, and fully understanding what it is that your client is trying to accomplish.

One of the areas I thought would be appropriate when using the "critical path method" would be the area of conducting due diligence. I am often struck by the matters that I handle from both the transaction basis and in corporate business and commercial litigation, how little due diligence people seem to do before they get into substantial business relationships.

I'm often amazed at how much money people spend before they know what they're really spending the money on.

I believe that the same policy exists within due diligence in litigation. If you ever handle a plaintiff's case, you'll find out very quickly that if you don't know what it is you're getting yourself into, you could be way in over your head before you realize. In short there is no substitution for both thorough investigation and due diligence.

If you utilize the categories that were set out last week with regard to the "timeline" you can certainly see an easy way to set up a "critical path method" of being sure that each thing gets done at a critical time before moving on to the next step.

In construction, a "critical path method" is often diagramed over a long horizontal line with appropriate dates put in as to when each part of the construction project needs to be completed in order to move on to the next part. I believe that such a "critical path method" of organization for legal matters could be accomplished the same way.

All you would need would be continuing pieces of paper that started the horizontal line at a particular time and a particular date and then continued that line through each phase of the legal job that you have been assigned. I think that you can see how litigation matters occur in a logical sequence, and the transactional work also proceeds in a similar logical sequence. If you set out each one of the items that is to occur at either your litigation or non-litigation matter, and a particular date that is projected for that particular item to occur by, you will see that it is a very easy way of organizing the legal matter that you are handling.

Some people are auditory learns, others are visual learners, and some people are both. I believe that the studies in the area of learning would indicate that people have a tendency to remember things better if they both see it and hear it. Oftentimes being able to see the actual outline of what you're going to accomplish over a period of time can be incredibly helpful.

I believe that many judges have begun to get a scheduling order with regard to when things are supposed to happen in some logical sequence inextricably moving the matter towards a trial setting period. What the judges is really doing here, is giving you a narrative that is similar to a "timeline" or "critical path method" of organizing the trial preparation.

If you were to convert the narrative that is being given in the pretrial order to a "timeline" or "critical path method" of organizing the appropriate trial preparation dates, you would be literally utilizing the same method that is done in construction. The pre-trial order sets out various dates by which certain things are supposed to be accomplished, and obviously you cannot really get to the subsequent dates without accomplishing the work that is set out to be done in the previous dates.

Sometimes it is very helpful for people in your office to be able to see some type of an organizational pattern with regard to what it is you are trying to accomplish on a particular legal matter. I suggest that you use the "timeline" or a "critical path method" in a booklet or in a poster or white board to show people when things are supposed to be done on particular date.

If you periodically review this visual recap of what needs to be done in your office, you will certainly make people more aware of what needs to be done and when it needs to be done in order to move the legal matter to a conclusion

My suggestion is that you pick a piece of legal work that you have in your office that seems to lend itself to either a "timeline" or a "critical path method" of organization, diagram it out and see what impact it has on both your client and your staff. As I've often said before, get started, try it, you might like it!

Next week we're going to talk about the use of expert consultations with individuals having superior expertise in particular areas to facilitate "getting the work done." In short, don't be afraid to bring in reinforcements. I think you will find my ideas with regard to utilization of these outside individuals as being incredibly helpful.

Any kind of outside individual you can use to help get the matter done for your client will be very appreciated by your client, and will make you appear a lot smarter to your client. Oftentimes the most important thing to know as a lawyer is what we don't know, know where to go get it, and proceed to go get it in order to help our clients.

Talk to you next week!

Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.