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Failure to Delegate
- June 1, 2018
- Category: Managing Total Legal Spend
- Publication: Legal Business World, Issue 6 (2018)
Leverage is central to law firm profitability. Most levels of lawyers can delegate 20% of their work to less senior lawyers or to paralegals. Delegation should be optimal, not optional. Turnaround time, knowledge transfer, and stable legal teams are influenced by proper delegation. Failure to delegate tasks is a much more widespread challenge in legal departments since counsel usually does more than 90% of the work on a file. General counsel must monitor file count, file complexity, and cycle times against objectives.
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Making Legal a Strategic Contributor
- June 1, 2018
- Category: Positioning and Strategy
- Publication: Lexpert, Vol. 19, No. 6, June 2018
ELM Solutions’ white paper “The Call for Innovation in the Law Department” is focused on improving efficiencies and controlling costs as a pre-requisite to innovation. It is difficult to agree that this enough to create strategic value for the company. While helpful, the paper is silent about a critical element of a law department’s value — results.
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Too Little, Too Late?
- May 1, 2018
- Category: Managing Total Legal Spend
- Publication: Lexpert, Vol 19, No. 5
Most law departments do not possess the information or analyze the data that they have to leverage law firm capabilities. The result is a default to retail hourly pricing and the usual discounts for volume.
Too few firms have robust templates for matter plans and budgets. Planning assumptions and a percentage certainty by phase and task are the exception.
When asked, law firms always meet the challenge to produce data about practice patterns, to generate robust matter plans and budgets, and to accelerate the introduction of alternative fee arrangements. -
Focus the Workflows
- March 31, 2018
- Category: Workflows and Workloads
- Publication: Lexpert, Vol. 19, No. 4, March-April 2018
Law departments should move away from open-door policies. Lawyer experience is, on average, more senior than it was 10 years ago, with less delegation by inside counsel than ever. Up to 1/3 of in-house counsel are focused on low-value work. Leadership must identify enough special projects, strategic activity and complex work to replace at least 600 hours per year of practice per lawyer. Failure to act means that the law department is a poor return on investment.
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Resistance or Collaboration
- January 31, 2018
- Category: Managing Total Legal Spend
- Publication: Buying Legal Council, viewed on website November 10, 2017 and Lexpert, Vol. 19, No. 3, January-February 2018
There are 3 ways for Directors of Legal Operations to collaborate with Procurement professionals when the company decides to be more structured when retaining external counsel. The first is to collate solid data on consumption patterns for legal services: fees and hours by area of law; volumes by complexity level; detailed matter budgets. The second opportunity for collaboration concerns leading practices, technology, and infrastructure related to workflows and service delivery. With this comes structured practices and results applied to law firm performance. The third area of collaboration between legal operations and procurement is the migration away from hourly-based fee arrangements.
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Seven Habits for Success
- November 30, 2017
- Category: Performance Management
- Publication: Lexpert, November-December 2017, Vol. 19, No. 1
Value from external counsel with a 7-step program
1. Two years of data covering the number and complexity of all matters
2. Multi-year demand forecast
3. Optimal configuration and convergence of firms
4. Proficiency in the law department with alternative fee arrangements
5. Skill in matter planning and detailed project budgeting
6. Semi-annual performance evaluations
7. General Counsel with a plan to implement the program -
Eight Transformative KPIs
- October 1, 2017
- Category: Performance Management
- Publication: Lexpert, Vol. 19, No. 1, October 2017
Key performance indicators (KPIs) for the law department should be readily recognizable by all business units across the organization. Eight KPIs are described: strategic impact, results, innovation, operating practices, service, knowledge transfer, total legal spend, and external counsel. It is advised these be introduced before the 2018 planning season.
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Budgeting Complex Legal Work
- June 1, 2017
- Category: Managing Total Legal Spend
- Publication: Lexpert, Vol. 18, No. 6, June 2017
Some 80 per cent of law firms have no templates or standards for budgeting complex legal work. Few in-house counsel feel at ease analyzing and challenging matter plans and budgets prepared by law firms.
Budgets should set out the hours for each fee earner by phase and task of a matter. This should be done after communicating planning assumptions to yield a budget plan that is 85 per cent reliable for a most likely outcome rather than a worst-case scenario.
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Strategic Impact
- July 31, 2016
- Category: Positioning and Strategy
- Publication: Lexpert, Vol. 17, No. 9, July-August 2016
You get what you measure. A key performance indicator (KPI) for “Strategic Impact” challenges the law department to choose its priorities, show more leadership, offer more resources to corporate business priorities, and re-think its critical competencies for senior counsel.
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Value with Innovation in the Law Department
- July 1, 2016
- Category: Positioning and Strategy
- Publication: Juristes d’entreprises, Special Edition, October 2016
Inside counsel operating as the hard-working “artist-in-residence” is not a sustainable model. For the most part, it is not strategic in its approach and there are not enough hours in the day. Innovation should be a stand-alone performance indicator for the law department, because it focuses on strategic initiatives more than on operational support in the delivery of legal services. It requires leadership with a sensible allocation of resources.
For the most part, the best innovations are externally focused. Commercially astute solutions are well-received. A second performance indicator measuring strategic impact with select initiatives underscores the contribution of the law department. It requires innovation and out-of-the-box thinking by the General Counsel.
Articles on Demand – Archive