CASE STUDY: Six Sigma Legal Services for Mortgage Loans
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1 CASE STUDY: Six Sigma Legal Services for Mortgage Loans Up to 25% Reduction in Time Charges Dramatically Enhanced Quality Richard J. Sabat Six Sigma Green Belt Morgan, Lewis & Bockius LLP
2 Development of Model Morgan Lewis developed a Six Sigma legal services model that reduces, often by more than 25%, the cost of delivering legal service for mortgage loan transactions. Commenced in 1974 First Employed Institutionally in 1988 (FDIC/RTC) TQM Retooled in 1997 Six Sigma Retooled
3 Six Sigma Methodology Define Client Requirements (VOC) Measure Defects in the Process Analyze Causes of Defects Improve the Process Control the Improved Process
4 Voice of the Client (VOC) Universal Outside Counsel Guidelines: Highest Possible Quality All Services Delivered on Schedule Low(Not Lowest) Cost Service Provider Must Add Measurable Value - Fee Discounts (most typical)
5 Six Sigma Methodology Define Client Requirements (VOC) Measure Defects in the Process Analyze Causes of Defects Improve the Process Control the Improved Process
6 Definition of Defects Not Just Mistakes Defects Include Any Function That Does Not Add Value to the Client
7 Client Billing Guidelines Exclude from Bills (i.e., Service Defects): Excessive Staffing Internal Meetings Excessive Drafting Excessive Partner Time Internal Training
8 Statistical Measurement of Defects Process Mapping Time Records Word Processing Reports
9 Time Charges: $14 MM Office Building Loan (Old-Fashioned Way) Gross Time Charges Hours Data Input and Due Diligence
10 Time Charges: $14 MM Office Building Loan (Old-Fashioned Way) Partner Time Associate Time Paralegal Time Hours Data Input and Due Diligence
11 Time Charges: $14 MM Office Building Loan (Old-Fashioned Way) Internal Time Charges Hours Data Input and Due Diligence
12 Document s: $14 MM Office Building Loan (Old-fashioned Way) Changes per 1,000 Words 200 Due Diligence
13 Document s: $14 MM Office Building Loan (Old-fashioned Way) Circulated Documents Changes per 1,000 Words 200 Due Diligence
14 Six Sigma Methodology Define Client Requirements (VOC) Measure Defects in the Process Analyze Causes of Defects Improve the Process Control the Improved Process
15 Causes of Defects Transaction Data Input (into Minds and into Forms) Intermittent Data Flow Inefficient Data Communication to Entire Team No Data Quality Control Lack of Standard Forms/Poor Quality Forms Precedent Documents Contain Defects Lack of Baseline/Quality Control Socratic Associate Training Method Lack of Written Transaction Practices Lack of Written Standard Operating Procedures Time Pressure/Disorganization
16 Six Sigma Methodology Define Client Requirements (VOC) Measure Defects in the Process Analyze Causes of Defects Improve the Process Control the Improved Process
17 Principles of Process Engineering Channel Human Behavior Client Protocol Standard Transaction Practices Standard Operating Procedures Control the Physics of the Transaction Data Input/Data Integrity Standard Forms Document Preparation Software Standard Forms of Communication
18 Client Protocols (Tab 3) Adopted at Beginning of Transaction Allocates Tasks among Client, Its Consultants and Morgan Lewis Adjusted to Client s Requirements Prevents Duplication of Effort Eliminates Data Chasing
19 Best Transaction Practices (Tab 4) Best Generic Transaction Practices Channel Lawyer and Paralegal Behavior Uniformity of Service Quality Control Eliminate Clerical and Administrative Work by Time Billers
20 Standard Operating Procedures (Tab 5) Real Property Sales Real Property Acquisitions Development/Construction (AIA regime) Commercial Mortgage Loan Origination Commercial Mortgage Loan Master and Special Servicing Leasing Client-Specific
21 The Physics Transaction Data Management Create and Test Perfect Data Bank (Tabs 7 and 8)
22 The Physics (cont d) Document Preparation Software Always Start with Quality Standard Form Use Software Written by Morgan Lewis Real Estate Attorneys Avoids Pitfalls of Commercial Software Uses Standard Morgan Lewis Applications (Word Letter Merge)
23 Document Preparation Software (cont d) No Significant Time Charges for First Drafts Senior Attorney Prepares First Drafts and Due Diligence Checklist/ Agenda Focuses Partner s Attention on Deal Structure and Important Issues Standard Forms of Communication Standard Transmittal Memos Automatic Circulation
24 Six Sigma Methodology Define Client Requirements (VOC) Measure Defects in the Process Analyze Causes of Defects Improve the Process Control the Improved Process
25 Recalling the Voice of the Client Highest Possible Quality All Services Delivered on Schedule Low(Not Lowest) Cost Service Provider Must Add Measurable Value Fee Discounts (most typical)
26 Six Sigma s Response to VOC (cont d) Timing in Two Business s in One to Two Business Reduces Ramping Up Time Deals Stay on Schedule Small Teams Fewer People are Needed Single Point of Contact
27 Six Sigma s Response to VOC (cont d) Legal Services Become Transparent Accountability (Lawyer/Client/Consultant) Clients Control the Transaction Fast Documentation/ Control All Service Providers Dominate Counterparties Minimize Negotiations
28 Savings Studies
29 Loan Originations
30 Time Charges: $14 MM Office Building Loan (Old-Fashioned Way) Partner Time Associate Time Paralegal Time Hours Data Input and Due Diligence
31 Time Charges: $20 MM Office Building Loan (Early Six Sigma) Partner Time Associate Time Paralegal Time Hours Data Input and Due Diligence
32 Time Charges: $18 MM Office Building Loan (Later Six Sigma) Partner Time Associate Time Paralegal Time Hours Data Input and Due Diligence
33 Time Charges: $14 MM Office Building Loan (Old-Fashioned Way) Internal Time Charges Hours Data Input and Due Diligence
34 Time Charges: $20 MM Office Building Loan (Early Six Sigma) Internal Time Charges Hours Data Input and Due Diligence
35 Time Charges: $18 MM Office Building Loan (Later Six Sigma) Internal Time Charges Hours Data Input and Due Diligence
36 Document s: $14 MM Office Building Loan (Old-fashioned Way) Circulated Documents Changes per 1,000 Words 200 Due Diligence
37 Document s: $20 MM Office Building Loan (Early Six Sigma) Circulated Documents Changes per 1,000 Words
38 Document s: $18 MM Office Building Loan (Later Six Sigma) Circulated Documents Changes per 1,000 Words
39 Loan Forbearances
40 Time Charges: Multi-family Loan Forbearance (Old-Fashioned Way) Partner Time Associate Time Paralegal Time Hours Data Input and
41 Time Charges: Hotel Loan Forbearance (Early Six Sigma) Partner Time Associate Time Paralegal Time Hours Data Input and
42 Time Charges: Multi-Family Loan Forbearance (Later Six Sigma) Partner Time Associate Time Paralegal Time Hours Data Input and
43 Time Charges: Multi-family Loan Forbearance (Old-Fashioned Way) Internal Time Charges Hours Data Input and
44 Time Charges: Hotel Loan Forbearance (Early Six Sigma) Internal Time Charges Hours Data Input and
45 Time Charges: Multi-Family Loan Forbearance (Later Six Sigma) Internal Time Charges Hours Data Input and
46 Document s: Multi-Family Forbearance (Old-fashioned Way) Circulated Documents Changes per 1,000 Words
47 Document s: Hotel Loan Forbearance (Early Six Sigma) Circulated Documents Changes per 1,000 Words
48 Document s: Multi-Family Loan Forbearance (Later Six Sigma) Circulated Documents Changes per 1,000 Words
49 REO Sales
50 Time Charges: Sale of Texas Multi-family (Old-Fashioned Way) Partner Time Associate Time Paralegal Time Hours Data Input and
51 Time Charges: Sale of Pennsylvania Multi-family (Early Six Sigma) Partner Time Associate Time Paralegal Time Hours Data Input and
52 Time Charges: Sale of Florida Hotel/ Conference Center Building (Later Six Sigma) Partner Time Associate Time Paralegal Time Hours Data Input and
53 Time Charges: Sale of Texas Multi-family (Old-Fashioned Way) Internal Time Charges Hours Data Input and
54 Time Charges: Sale of Pennsylvania Multi-family (Early Six Sigma) Internal Time Charges Hours Data Input and
55 Time Charges: Sale of Florida Hotel/ Conference Center Building (Later Six Sigma) Internal Time Charges Hours Data Input and
56 Document s: Sale of Texas Multi-Family (Old-fashioned Way) Circulated Documents Changes per 1,000 Words
57 Document s: Sale of Pennsylvania Multifamily (Early Six Sigma) Circulated Documents Changes per 1,000 Words
58 Document s: Sale of Florida Hotel/ Conference Center Building (Later Six Sigma) Changes per 1,000 Words
59 The Road Ahead Use of Non-Legal Personnel (Outsourcing) Brokers, Secretaries and Administrators Mortgage Administrators Servicer Personnel Morgan Lewis Resources Staff Attorneys Fee Credits
60 Beijing Boston Brussels Chicago Dallas Frankfurt Harrisburg Houston Irvine London Los Angeles Miami Minneapolis New York Palo Alto Paris Philadelphia Pittsburgh Princeton San Francisco Tokyo Washington Thank You
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