Vol. 76, No. 12, December
2003
Post-war Production Methods for Law Firms
Standardized operations are just as practical in the law office as in
the factory, according to a speaker at the 1950 Mid-Winter Meeting of
the Wisconsin Bar Association.
Sidebars:
by Ann Massie Nelson
Ann Massie Nelson is a
regular contributor to Wisconsin Lawyer and communications
director at Wisconsin Lawyers Mutual Insurance Co.
Ann Massie Nelson is the public member of the State Bar of Wisconsin
Communications Committee and communications director at Wisconsin
Lawyers Mutual Insurance Co. (WILMIC).
The years following World War II were marked by rapid expansion.
Technology and production methods developed to support the war were used
to revolutionize industry and give rise to a new era of consumerism.
A fundamental principle of efficient production is standardization.
Dwight D. McCarty, an attorney from Emmetsburg, Iowa, noted that
standardization methods employed in construction and manufacturing could
be equally useful in the law office.
He urged Wisconsin lawyers to develop standard office procedures and
forms for recurring tasks, document these procedures in an operating
manual, delegate important-but-routine tasks to office staff, and free
themselves to "do the headwork."
McCarty's 1950 address originally appeared in the November 1950
Wisconsin Bar Bulletin, the predecessor to the Wisconsin
Lawyer. The publication celebrates 75 years of publication in
2003.
Words to the Wise
Dwight D. McCarty's practice management advice to lawyers is as
germane today as it was a half century ago. Here are some words to the
wise from his 1950 address to the Wisconsin Bar Association.
On delegation:
"One of the ideas which the lawyer seems slow to appreciate is that
it is not necessary for him to do all the work of the office himself.
... If you watch a foreman on a construction gang, you do not find him
taking off his coat and digging with a shovel down in the excavation or
pounding nails on the forms up on the structure. No, his job is to study
the plans, lay out the work, straighten out the difficulties that arise,
and do the headwork so necessary to assure the successful completion of
the contract. Other less expensive men can do the labor work under his
supervision. We must learn that lesson."
On form books:
"When work is once well done in the office, it should not be
necessary to do it all over again. ... Few lawyers preserve these forms
and precedents where they are accessible. ... Standardized form books
enable the modern office to turn to profitable account this principle of
re-use, and eliminate much waste of time and effort. At the same time
better results are obtained than by the older haphazard methods."
On filing:
"Too often the system is cumbersome and unworkable. Many offices
still maintain an elaborate numbers system and docket classification.
Generally the filing clerk is the only one who knows anything about it.
The result is that when the filing clerk gets married or leaves for
another job, there is a period of trouble and confusion until a new
clerk can be obtained and has had time to unravel the mysteries of the
system. ... All this can be avoided by a simple standardized system that
meets the needs of the office, and is known alike to all the lawyers and
clerks in the office. Anyone can then quickly find any file at any
time."
On billing:
"Clients generally do not know much about the value of legal
services. ... If a lump sum statement is sent them they are apt to think
the amount too high. If an itemized bill is rendered they may question
some items. To avoid some of these difficulties a 'psychology' statement
is now used. It gives the lump sum charge, and then below the work done
from day to day itemized, but with no amounts given opposite these
items. The client thus sees the large amount of work done on the case
and the lump sum charge does not seem so large after all."
On morning coffee:
"One lawyer wrote me ... that the only bad result of adopting this
efficiency system was that now they would have to eliminate the morning
coffee session in the drug store, as that wastes about half an hour and
my system would not permit that. However, relaxation is recognized as
just as necessary as work. The school recess and the factory 10-minute
rest period help eliminate fatigue. The coffee session may be
advantageous if properly scheduled and controlled."
Wisconsin
Lawyer
