Examine Your Process to Settle Cases Faster

The real goal of case management is to economically conclude the case with the best outcome you could realistically expect. Yet, litigators spend a lot of time spinning their wheels on activities that don’t yield significant progress toward that goal.

Look at Your Process
Chances are you follow a protocol. That’s how you were taught to manage a case. That’s the way you and your firm have always done it.What Do the Stars Do Differently?
Is there someone in your organization who closes cases quickly? What is that person doing differently? This star performer may not even realize they have a different approach.  With permission, spend some time looking through some of the star’s files. Maybe sit in on a hearing, mediation, or meeting.

Then review one of your own recent cases. How well do you think you managed it on a scale of 1-10? What would it take for it to be have gone better? Did all your activity provide real value to the client? The answer isn’t in what others do; look for answers in the actions you control.

Pull out a closed file where things went really well. What was different? Did you periodically evaluate the case and timely communicate that evaluation to your client? Did you cultivate a collegial relationship with your opponent who can help you work through information—or view that person as an enemy?

Create a Miracle
Find the main obstacle to getting to your goal. Then focus your attention on resolving that one thing. In his book Reset: How To Change What’s Not Working, Dan Heath calls that the Leverage Point. A little bit of effort focused on fixing the Leverage Point will yield disproportionate returns.

If a miracle happened tomorrow to resolve the bulk of obstacles to quick resolution of your cases, what would that look like? That’s your Leverage Point.

Prioritize resolving that issue. If your first concerted efforts aren’t working, move on to a different solution.