Moving Legal Operations Towards Successful Adoption of Contract Lifecycle Management

According to PricewaterhouseCoopers, the average Fortune 2000 company holds around 20,000-40,000 active contracts. Imagine having to manage this contract volume throughout their lifecycle without any technology! In most cases, the responsibility of drafting, authoring, reviewing and managing a huge portfolio of high-value contracts falls on the legal or contract management function where execution is largely the responsibility of the legal operations team. And unfortunately for many operations teams, automation in contract management is still not a common practice. Companies continue to rely on manual processes for contract management – making this cumbersome, time-consuming and often routine effort for the legal team – that often exposes the company to risk and omissions.

An advanced contract management solution means streamlined processes, automated workflows, predictive analytics, standardized language, pre-configured alerts and triggers, and a centralized, integrated repository with easy access across devices. These are just some of the functionalities of an advanced CLM that can enhance the working of legal departments, improve productivity, decrease turn around time, help in strategic decision making and reduce costs and manual errors.

With so many benefits, adopting a CLM technology has become a goal for many legal departments. A proper plan in place with metrics to track each step of the journey can make the adoption easy and avoid hiccups on the way. We have identified four such steps in the CLM journey to ensure high adoption:

  1. Know your point of origin
    While adopting CLM, knowing where you are in the CLM maturity model can make all the difference. Understand where you had been in the past and how you have reached the present state. Study the challenges faced and draw insights from your experiences. This stage is the starting point of the CLM adoption and having a thorough understanding of the current scenario from the technology and business standpoint can go a long way.
  2. Collaborate with key stakeholders
    It is best to involve all the stakeholders in your decision making to ensure you get the right contract management solution for your organization. Contracting, legal, procurement, and any other divisions who would be using the solution could have important suggestions and insights that might help in a more ideal solution, save costs and ensure higher CLM adoption. However, do so at the risk of feature and scope creep – so keep your friends close and…well you know the rest.
  3. Capture use-case intricacies
    As you are capturing the as-is state, be sure to understand and reach out to the stakeholders, process owners, reference data managers, clause curators, past, present and future librarians, and don’t forget the heritage legal file administrators as well as future stewards. Now is the time to understand the intricacies and complexities – or at the least document them and have owners identified.
  4. Simplify processes and integration
    The goal of implementing a Contract Lifecycle Management solution is to simplify the process. With a simplified, more straight forward process, which leverages technology to facilitate decision paths and embodies new technologies like AI and Machine Based learning to provide assistive guidance, user adoption increases through incremental and consistent gains in performance and process efficiencies.

See You in Vegas for the 2019 CLOC Institute

Register here to attend CLOC 2019 Vegas Institute – and please join our CLOC session:

The Journey of CLM Adoption in Legal Operations
Tuesday, May 14th at 1:30pm
Speakers:

  • Amy Anderson, Transdev
  • Sandy Owen, Intel Corporation
  • Arthur Raguette, Ultria

For a more in-depth understanding of each of the steps in the Journey of CLM adoption, along with real-world examples and insights from established market leaders from Ultria, Intel and Transdev, attend Ultria’s breakout session on ‘The Journey of CLM Adoption in Legal Operations’ on Tuesday, May 14th. The speakers will discuss their journey of CLM adoption, the challenges they faced and the learnings from the same. They will share their experiences in leveraging CLOC competencies that include defining target metrics through Data Analytics, rallying support through Cross-Functional Alignment, and leveraging agile program management disciplines in their journey of Technology & Process Support for Contract Lifecycle Management.

Questions? Email info@cloc.org.

Corporate Legal Analytics Move Beyond Financial Metrics

HBR Consulting will present an educational session at CLOC’s 2019 Corporate Legal Operations Institute — “Don’t Gamble Your Future . . . Advance Your Operations Maturity” — in which we will explore strategies to help corporate law departments advance on the CLOC Legal Operations Maturity continuum. This is the third in a three-part series of blog posts to provide CLOC members with context regarding several of the major strategic areas in which law departments can advance in their maturity.

In this post, we will be focusing on the topic of legal analytics. “Data Analytics” is one of CLOC’s advanced level core competencies. Within the field of legal analytics, however, there is a wide range of maturity. This post briefly touches on some of the broad areas where there are opportunities for law departments to use analytics. Watch in the next month or so for HBR’s forthcoming whitepaper on legal analytics maturity.

The Emergence of Analytics in Corporate Law Departments

Companies across all sectors of the economy have been investing heavily in the development and use of data analytics for years, but the truth is that the application of data science in the legal sector is still in its early stages. However, the steady expansion of business expectations for in-house legal professionals — i.e., the law department is often required to measure its business performance just like the other departments in the organization — appears to have lit a fuse in the marketplace.

No matter how late the start, corporate law departments are now increasingly embracing data science and analytics as a strategic lever for more effectively measuring, managing and reporting on their business performance. Based on our work with corporate law departments of all sizes and across multiple sectors, there are three broad areas of legal analytics that have emerged in the field:

  1. Financial Analytics
    The common starting point for most departments is to focus on spend or revenue analytics. This is a natural area for investment in legal analytics, as it helps department leaders to better understand their spending patterns and gain more control over their spending on outside counsel in particular, but also other costs such as discovery providers, etc. Twenty-six percent of corporate law departments are planning to implement legal spend analytics in the next one to two years, up from 24 percent in 2016 and 2017, according to the 2018 HBR Consulting Law Department Survey. Additionally, 49 percent have already implemented a legal spend analytics solution, up from 46 percent in 2017 and 39 percent in 2016.
  2. Operational Analytics
    A second area of data analytics that has emerged is the application of quantitative methods to specific functions in the department that play a supporting role in the delivery or receipt of legal services. For example, a department might create a quantitative method to rationalize the consolidation of outside counsel with whom the company does business, or perhaps to objectively evaluate a department’s progress toward diversity and inclusion. These types of applications are valuable ways to optimize the legal talent and professional services utilized by the organization.
  3. Practice Analytics
    The third major area of the corporate legal analytics landscape is the application of data science to the practice of law itself. These sorts of analytics seek to inform matter strategy, refine legal advice, enable experts to make better determinations of risk or forecast possible outcomes. Examples of questions that might be answered with practice-oriented analytics include: What does a case like this typically settle for? How long will it take to resolve this matter? How have we fared against this opposing counsel in the past? What are the chances this deal will close by the end of the quarter? Practice analytics are the least explored area of corporate legal analytics, but they are a growing point of emphasis for progressive department leaders and may offer the greatest opportunity for innovation.

Driving Innovation with Analytics

Earlier this year, HBR Consulting conducted “flash surveys” at a series of roundtable events (in New York, Chicago, San Francisco and San Jose) for corporate law department professionals. The surveys focused on questions related to the internal strategy, use and staffing of data analytics within corporate legal operations.

Our findings from these surveys confirmed our anecdotal observations from conversations with in-house legal professionals over the past couple years: law departments are increasingly relying on data analytics to drive innovation, from financial reporting improvements to operational changes to high-value, practice-oriented advancements.

First, it is clear that corporate law departments are taking data analytics more seriously than ever. Three in four survey respondents reported that they either have a data analytics program in place now or have plans to develop one in the future. While our survey participants were from larger law departments (median of 123 lawyers), it is clear that the field of data science is now a top priority for in-house counsel and operational leaders.

Second, the corporate legal market appears to be at a key stage in its evolving use of analytics, with greater emphasis being placed on improving service delivery and informing legal decision-making. Using analytics for these substantive KPIs — i.e., non-financial measures, such as matter cycle time, damages realization, etc. — will allow in-house legal professionals to better understand the drivers of cost, mitigate risk and more precisely determine value provided by outside counsel. More than half (56%) of the corporate law department leaders we surveyed said they either “have” or “have plans” to implement substantive KPIs.

Third, our observation is that corporate law departments are searching for the optimal staffing approach to achieve these analytics-fueled innovation goals. Four in 10 (41%) of our flash survey respondents said they employ dedicated analytics personnel within their law departments who are solely focused on legal operations, two in 10 (22%) said they draw on shared experts who reside within another group at the company, and one in 10 (9%) said they engage third-party vendors for specific data analytics projects. The remaining respondents (28%) reported they have no formal resources in place. The analytics staffing model remains a work in progress and it will be important to monitor which approaches seem to best support corporate legal innovation.

Conclusion

After getting a late start, corporate law departments are increasing their use of data analytics and expanding their application beyond financial metrics to include higher-value uses. For those departments that have the patience to keep on the data analytics path, the continued development in perspective and capability will yield greater results over time from these more complex applications. As they become more sophisticated users of data analytics, in-house legal professionals are certain to drive the industry forward, obtaining greater visibility into their department operations and uncover new insights into how to improve their business performance.

See You in Vegas for the 2019 CLOC Institute

Register here to attend CLOC 2019 Vegas Institute – and please join our CLOC session:

Don’t Gamble Your Future…Advance Your Operations Maturity
Wednesday, May 15th at 1:30pm
Speakers:

  • Kevin Clem, Chief Commercial Officer, HBR Consulting
  • Marc Allen, Senior Director, HBR Consulting
  • Molly Perry, Chief Operating Officer, Office of Legal and Administrative Affairs, Hewlett Packard Enterprise
  • Greg Bennett, Sr. Manager, Legal Operations, Gilead Sciences

Questions? Email info@cloc.org.

Transaction Management Systems Drive Next Step in Technology Maturity for Corporate Law Departments

HBR Consulting will present an educational session at CLOC’s 2019 Corporate Legal Operations Institute— “Don’t Gamble Your Future . . . Advance Your Operations Maturity” — in which we will explore strategies to help corporate law departments advance on the CLOC Legal Operations Maturity continuum. This article is the second in a three-part series of blog posts to provide CLOC attendees with context regarding the major strategic areas in which law departments can advance in their maturity.

In this post, I will be focusing on the topic of legal technology — “Technology & Practice Support” — as one of CLOC’s foundational level core competencies.

Becoming More Mature in the Use of Technology

The effective use of technology is a topic that gets a lot of attention these days in legal operations circles and is often a contributing factor when comparing operational effectiveness among similar law departments. For those law departments seeking to improve their technology use, there are several steps that can help your department make incremental progress along the CLOC maturity model.

A key first step is to evaluate your current state with respect to use of legal technology solutions and establish a three- to five-year technology plan. The plan should consider notable gaps you discover in key functional areas, as well as how effective current tools are at achieving their intended use. With respect to specific tools, your department’s core stack of solutions should include matter management, spend management and document management, as well as any other technology platforms that may be crucial to support key disciplines required for your industry (e.g., intellectual property management).

Once you have “checked-the-box” on having implemented the core stack of solutions, it is a good idea to routinely review how these tools are used, the level of adoption and the relevance of their design when compared to your business processes. The following questions can help assess next steps:

  • Do the solutions we are using provide strategic value to our legal professionals?
  • Are we presenting meaningful analytics to demonstrate the value of the information (data) we are asking our legal staff to enter and track?
  • In implementing the core stack of solutions, have we equally and adequately addressed both litigation and transactional sides of the house?

Many corporate law departments discover that their existing technology investments are not providing strategic value and are perceived as “back-office systems.” Often legal professionals are asked to enter matters and update key dates, but little is done to demonstrate the way that information can inform and enrich legal decision making. Finally, a concern we are hearing more often is that the core legal stack tools are more supportive of litigation functions than of transactional work. I will focus on that last issue here. We suggest that the next major step in technology maturity for most corporate law departments should be increasing focus on tools that support transactional management.

Leveraging Technology for Workflow and Transaction Management

Transactional attorneys can benefit from the core stack of tools for features such as tracking advice and counsel, organizing work product, tracking key dates and memorializing iterations of work-in-progress. That stated, two additional sets of tools that are receiving more attention from legal professionals are legal request and workflow tools and contract lifecycle management systems. These tools provide legal professionals with the opportunity to more effectively engage with their business partners — not obviating the need for direct contact or phone calls, but rather supplementing and enriching these other points of contact so that both parties are better informed at request inception.

1. Legal request and workflow (“LR&W”) tools are gaining momentum in the corporate legal market, as more legal organizations are trying to better manage their increasing demands for legal work, while managing cycle time and regularly updating their business partners on the status of those requests. Eighty-one percent of respondents to HBR’s 2018 Law Department Survey expect their legal needs to continue to grow. The two most commonly cited practice areas in which they expect increases were regulatory and M&A.

2. Contract lifecycle management (“CLM”) systems can also help transactional attorneys work more efficiently and effectively. CLM systems provide a structured way to manage all legal work connected to the creation of a contract. Typical CLM systems can capture necessary data contracts, track key dates, serve as a repository for pre-approved templates and create contracts using those templates, manage the contract approval workflow process, flag negotiated changes, validate all required signatures and monitor contract terms for rights and obligations, for example.

CLM systems can also help ensure that contracting requests are thorough and processes are consistently followed, trigger appropriate escalations, assist in controls enforcement and provide a mechanism for easier execution. Already implemented by 55 percent of corporate law departments, 29 percent of companies plan to implement CLM solutions in the next one to two years, according to the HBR’s 2018 Law Department Survey. CLM systems were the most commonly planned technology implementations of the 19 technology types surveyed.

Along with implementing CLM systems, it is HBR’s experience that many law departments are also simultaneously leading the charge with their companies to establish contract management programs, to ensure standard processes throughout the organization. The combination of a strong, companywide program and a CLM system supporting that program not only streamlines transactional work, but also provide organization-wide consistency and can help manage an organization’s contract-related risk.

Conclusion

Technology used to support transactions can help improve the efficiency for every stage of a corporate transaction. The combination of LP&W and CLM systems gives in-house legal professionals what they need to better handle transactional work from inception to completion.

In the final post in HBR’s three-part blog series, my colleagues will explore the use of analytics to measure performance and to guide your department’s decision making.

See You in Vegas for the 2019 CLOC Institute

Register here to attend CLOC 2019 Vegas Institute – and please join our CLOC session:

Don’t Gamble Your Future…Advance Your Operations Maturity
Wednesday, May 15th at 1:30pm
Speakers:

  • Kevin Clem, Chief Commercial Officer, HBR Consulting
  • Marc Allen, Senior Director, HBR Consulting
  • Molly Perry, Chief Operating Officer, Office of Legal and Administrative Affairs, Hewlett Packard Enterprise
  • Greg Bennett, Sr. Manager, Legal Operations, Gilead Sciences

Questions? Email info@cloc.org.

The 5 W’s of Enterprise Contract Management

Is it happening? Is the humble contract finally getting the tech attention it deserves?

For legal departments, contracts have long been the forgotten piece of a company’s digital transformation puzzle. An attorney in the department might be asked to enter the contract process for drafting, negotiation and review, but may place little thought about the process following execution. Confined to paper or perhaps a PDF with eSignature capabilities, the contract never got a second look by the legal department unless it was causing a delay in business or resurfacing during a dispute or, worse, litigation.

Indeed, at first glance at the CLOC Core Competency Model, you’ll be pressed to see a single competency dedicated to the importance of enterprise contract management, especially as it pertains to post-execution contract actions.

But that’s all changing, and fast. According to analysts, companies are giving a hard look at Contract Lifecycle Management (CLM) technology that can be used to manage the entire contracting process, from authoring to expiry.

“Customers’ interest in CLM is stronger than ever and is a leading topic raised by users of Gartner’s client inquiry service,” according to the 2018 Gartner Market Guide for Contract Lifecycle Management (CLM).

This should be music to the ears of legal operations professionals, given the legal headaches that come with traditional contract management.

However, when it comes to deploying CLM, it’s not just a question of if but how. Enterprise-wide deployments provide clear advantages for legal operations departments and their companies—and in fact cut across several CLOC competencies: Not only “Technology and Process Support” but also “Cross Functional Alignment,” “Data Analytics” and other areas.

If you are still unfamiliar with the basics of enterprise-wide contract management, here is a quick “5 Ws” guide to this exciting technology.

What: A Contract Management System for All Contracts

Enterprise contract management allows companies to put all their contracts—sales, procurement, HR, corporate—into a single system for holistic management.

This form of contract management is considered a best practice by analysts, if not commonly practiced in the “first wave” of enterprise contract management deployments.

“Many organizations that have implemented a CLM solution have done so for just a portion of their business or a specific business function. This piecemeal approach frequently results in inefficient process workflows and deployment of multiple CLM tools,” Gartner says in its Market Report.

Often, contracts that originate in one department will have dependencies with a contract in another department. For example, a sales contract may precipitate the need for raw materials to be procured to ensure the deliverable is built to spec (in the contract management field we call this “back-to-back” contracting.) By managing all contracts on a single technology, legal operations teams can gain a holistic view across all a company’s contracts for improved analytics, better workflows and reduced risk.

2. Why? Proven ROI

For historically non-revenue-generating departments like legal, a proven return-on-investment for technology is vital. Thankfully for legal operation professionals, CLM has that covered.

“CLM presents a great opportunity for digital transformation, because it’s practical, well-scoped and executable. The technology is proven, as is the ROI, which companies can use to fund other initiatives on their digital business roadmap,” Gartner reports in its Market Guide.

The value delivered by enterprise contract management can be divided into three categories: acceleration, protection and optimization. Contract turnaround becomes faster, contract risk is proactively surfaced and monitored, and contract performance is continually evaluated to identify areas for improvement.

3. When? Now (And 5 Years from Now)

While CLM adoption has been growing in recent years, we are now at an inflection point of what the software can do for users.

As another report, this one from Forrester, puts it, “The CLM market is growing because more contract managers and legal and financial professionals use CLM to address the challenges of creating, managing, and getting the best business results from their contracts. Contract management and legal pros increasingly trust CLM providers to act as strategic partners, providing firms with the right tools to get the best value from their contracts.”

There’s a lot to unpack there, but the upshot is that contract management software is advancing to the point that legal departments—especially those responsible for managing thousands of contracts—can’t afford to manage contracts outside a CLM system.

But legal operations teams shouldn’t only be thinking about what the technology can do for them now, but also five years from now. Like the CLOC Competency Model itself, there is a maturity model to contract management that starts with basics like creating contracts and progresses to capabilities like using artificial intelligence to analyze contract negotiation data and recommend tactics for better outcomes.

This doesn’t happen overnight. Legal operations departments should consider tools that they can “grow into” as their enterprise becomes more comfortable with the technology.

4. Where: Everywhere

With enterprise contract management, everyone with proper permissions in a company can see any contract in its repository, breaking down traditional departmental and geographic silos that have historically hampered optimal contract management.

Vertiv, a global technology manufacturer, has driven a successful deployment of enterprise contract management and now enjoys instant visibility into all of its contracts, even those executed overseas. Prior to implementing an enterprise contract management system, agreements were scattered across the globe, with paper agreement locked in physical file cabinets or on the desktops of its employees. The company underwent a successful transition from a decentralized paper system to a global, searchable central repository so teams everywhere can quickly review purchasing contracts and other agreements and compare them to make sure the company is getting the best terms.

5. Who: You!

Yes, you.

When selecting a CLM vendor, procurement and sales will often advocate for a solution that is tailored specifically to their role, since they often come as part of a larger software suite.

Yet if both sales and procurement—and likely HR as well—get the CLM built for their role, legal will end up working with three or more systems, unnecessarily adding to the technology plate that legal operations would need to manage. Even worse, the body of contracts will be fragmented across the enterprise (as warned against by Gartner earlier).

To avoid this situation, it is incumbent on CLOs and legal operations professionals to lead the push for an enterprise-wide solution for contract management.

Contracts no longer need to be the forgotten piece of a company’s digital transformation puzzle. In fact, guided by these Five Ws, legal operation professionals can lead an enterprise on its journey to transforming their contracts from static documents to strategic assets.

See You in Vegas for the 2019 CLOC Institute

Register here to attend CLOC 2019 Vegas Institute – and please join our CLOC session and learn how a leading legal department transformed through its enterprise contract management.:

Contracts from Static Documents to Strategic Assets
Wednesday, May 15th 10:30 – 11:20
Speakers:

  • Colin Flannery, Vertiv Worldwide General Counsel
  • Bernadette Bulacan, Icertis Legal Evangelist

Questions? Email info@cloc.org.

Three Keys to Optimizing Resources

HBR Consulting is proud to be a Platinum Sponsor of CLOC’s 2019 Corporate Legal Operations Institute and to present one of the educational sessions, “Don’t Gamble Your Future . . . Advance Your Operations Maturity.” In this featured session, we will combine interactive technology with expert guidance to help attendees identify their department’s position on several dimensions of the CLOC Legal Operations Maturity continuum, and will discuss strategies to advance on that continuum in those critical areas. Participants will take home a customized roadmap tailored to help legal operations teams advance to the next level. I hope you will join us!

To help provide context for our session, the HBR team will be publishing a three-part series of blog posts regarding major strategic areas in which law departments can advance in their maturity. This post will focus on the topic of resource optimization and how departments can put the right resources in place to ensure work is done in the most cost-effective and efficient manner. Resource optimization ties to the CLOC competencies of Vendor Management and Service Delivery & Alternative Support Models, and also relates to Cross-Functional Alignment and Organizational Design, Structure & Management.

Importance of Resource Optimization

Most corporate law department professionals are facing some version of the same dilemma: you are under pressure to control costs while at the same time facing rising legal demands. In fact, “cost control and cost management” was the number-one challenge facing corporate law departments last year, according to the 2018 HBR Consulting Law Department Survey The survey also found that over 80% of law departments expect their legal needs will continue to increase this year.

This pressure to deal with increased legal work while holding the reins on spending requires managers to take a hard look at their legal service delivery models and evaluate any opportunities to drive operational efficiencies. In working with our clients, we often find that a good place to start is with identifying potential resource misalignment; for example, when senior-level attorneys are spending too much time performing lower-value tasks instead of focusing on more strategic work.

Optimizing your internal and external resources creates some important benefits for your company:

  • Productivity and Client Service – when the skills and expertise of your internal and external teams are properly aligned and leveraged, it directly improves both the department’s productivity level and business clients’ level of service.
  • Cost Containment – there is a direct line between more efficient resource allocation and cost expenditures by the department because the work is handled by the most cost-effective resource for the level of work, rather than paying costly resources to handle work that does not require their level of expertise or experience.
  • Employee Engagement – efficiently managing your legal talent is an important way to keep attorneys engaged and invested in the roles they play in the organization, boosting morale and elevating their roles.

There are three key steps that any corporate law department can take to optimize their resources and make sure they are properly aligned to maximize efficiency.

Step One: Define the Scope of Work

It is a good idea to start by identifying the tasks and matters under the department’s purview, including an objective evaluation of whether that work is properly within the scope of the legal function. Your goal here should be to empower your business clients with training and self-service options to perform the work that is non-legal in nature, so it can be managed with more appropriate resources.

For the work that is truly is legal in nature, examine the risk and complexity connected to those tasks. Is the assignment one of high risk and/or complexity? If so, it likely has the potential to impact the organization from a financial, operational or reputational standpoint, so it should be resourced accordingly. Or, is the assignment fairly routine and/or a low-risk task? If so, the potential organizational impact is likely to be minimal and can therefore be resourced more cost-efficiently.

Step Two: Identify the Proper Resource

Now that you have defined the scope of work and identified the organizational risks associated with those tasks, it is time to determine the proper resource to get the work done. One decision is whether to keep the work in-house, send it to outside counsel or leverage an alternative legal service provider (ALSP).

For internal resource allocation decisions, seek to delegate the low-risk work as much as possible to junior attorneys or legal support staff as this work tends to require minimal oversight by management. High-complexity work, such as strategic transactions, will of course require greater expertise and should be expected to be handled by more senior and specialized attorneys.

For external resource optimization, make sure you send the right work to the right law firms. While there are some matters that, because of their high risk or high value stakes, require high-end firms, whereas other, more commoditized work can be sent to firms with lower billing rates or set at volume-based pricing. It is essential to build a value-based relationship with each of your outside law firms. Limiting the number of law firms you use to a preferred panel allows outside counsel to become familiar with your business, priorities and matter history, ultimately strengthening the relationship and providing you and the business with stronger representation and better value.

Step Three: Go to the Next Level

The third key is to make resource optimization an ongoing part of the culture of your law department. This requires stretching the limits of what your available department resources can accomplish and structuring your operations a bit differently to maximize the benefits of other potential resources. For example, you may want to create centers of excellence in your department – nimble teams that effectively leverage experienced, professional legal resources (lawyers and allied legal professionals) to handle lower-complexity work (e.g., contracts) in different ways.

In addition to the internal considerations, it is also a good idea to make sure your outside counsel understand your organizational priorities as relate to staffing and are attuned with your expectations regarding proper resource alignment and staffing on the matters they handle for your company. Clear expectations, guidelines and monitoring of matter staffing help law departments better manage their budgets with outside counsel and ensure the work is handled by the most cost-effective resource and help law firms better plan, as well.

Moreover, you may want to expand the way you think about external resources beyond the use of outside counsel. The use of ALSPs for specific types of legal work is gaining wider acceptance by in-house law departments. Challenge yourself to explore some of these new models that may provide a vehicle for greater efficiencies in the way you utilize outside resources.

Resource optimization should be a continuous improvement initiative for your department, not a one-off project exercise. This means you should regularly use data analytics, risk and complexity assessments, and business planning sessions to evaluate the work in your matter portfolio and make sure you are properly aligning your resources to that work. The goal should be to apply your available in-house legal resources to the highest value functions in the most efficient way.

In the next two posts in HBR’s three-part series, my colleagues will explore: the importance of technology to support your department’s advancement on the CLOC maturity continuum; and the use of analytics to measure performance and to guide your department’s decision making.

See You in Vegas for the 2019 CLOC Institute!

Register here to attend CLOC 2019 Vegas Institute – and please join our CLOC session:

Don’t Gamble Your Future…Advance Your Operations Maturity
Wednesday, May 15th at 1:30pm
Speakers:

  • Kevin Clem, Chief Commercial Officer, HBR Consulting
  • Marc Allen, Senior Director, HBR Consulting
  • Molly Perry, Chief Operating Officer, Office of Legal and Administrative Affairs, Hewlett Packard Enterprise
  • Gary Tully, Head of Legal Operations, Gilead Sciences

Questions? Email info@cloc.org.

IP Diagnostic: A Path to Achieving CLOC’s Core Competency Model with an IP Diagnostic

Annya Dushine, Solutions Consultant, CPA Global
Sam Wiley, Intellectual Property Solutions Architect, CPA Global

Best practice: The term long ago surpassed buzzword status and reached ubiquity. After all, what organisation willfully adopts (let alone admits to adopting) the worst practices when doing business?

For many in the legal operations field—including IP operations professionals—a good starting point toward best practices-oriented strategy is the Core Competency Model laid out by the Corporate Legal Operations Consortium (CLOC). Made up of 12 primary functions (i.e., core competencies), the model represents focus areas that every legal operations department should manage to ensure discipline, efficiency and best outcomes. These competencies also help legal operations departments gauge their own maturity, serving as a benchmark for comparison to your industry peers.

Still, there’s a significant difference between recognising best practices and actually implementing them. When it comes to the latter, many organisations have little to no idea where to start. For companies attempting to evolve their current IP strategies, this can seem particularly challenging. It’s difficult, after all, to view a situation with objectivity when you’re directly in the thick of it.

When you want to know where your IP operations business is lacking and how to implement the best practices necessary to bring it up to par, an IP diagnostic may hold the answers. Here are five ways an IP diagnostic provided by an expert third-party vendor can help your IP department comply with CLOC’s Core Competency Model, but also to make the most of it.

One: Objective Assessment

One of the first steps toward complying with any set of best practices is assessing where you currently stand in regard to them. How compliant are you? Where are you strongest and where are you lacking?

It can be difficult for any organisation to ask difficult questions of itself, and even more difficult to answer honestly. An IP diagnostic performed by a third party can provide the objective view you need to determine where you stand. CPA Global’s IP Diagnostic services, for instance uses a methodology that forces organisations to thoroughly examine itself, and our extensive client base allows for anonymized benchmarking and standards assessment.

Two: Develop a Game Plan

Done well, an IP diagnostic should provide you and your IP operations colleagues with the information and insights you need in order to devise a best practices-oriented strategy—including areas of improvement.

Once the IP diagnostic provider has correctly assessed your maturity level in each core competency, they can apply their expertise in technology and best practices to help you create a plan for improving from one level to the next.

Three: Measure Resource Needs

It’s not enough to have a list of best practices and a strategy: You also need the budget, resources, head count, and executive support to implement those practices and execute that strategy. But—even in the largest, most profitable organization—funds and jobs don’t simply appear just because they’ve been requested. They have to be justified.

Conducted in alignment with CLOC’s Core Competency Model, an IP diagnostic should provide objective, third-party data that supports your resources requests by providing evidence of their necessity and projected benefits.

Four: Expedited Evolution

A best practice IP operations strategy doesn’t just happen overnight. It takes time—and often a lot of it. Indeed, perhaps one of the most frustrating, or at least challenging aspects of implementing best practices is the lengthy amount of time it often takes to identify them, prepare for them, and execute them. Moreover, if you don’t get things right the first time, how much time is lost starting over?

Your IP diagnostic provider should not only be able to tell you how to correctly get started, but how to do so in the most efficient and timely manner. They’ll provide actionable steps along the shortest path from one maturity level to the next.

Five: Continuous Improvement

An IP diagnostic is not a one-and-done project. Instead, it should yield insights and results that your organisation can build on over time, and, if necessary, revisit and revise. After all, much like the technology and innovations produced by your company, trends and best practices in IP operations constantly change and evolve. Your strategy should lend itself to doing the same.

Choose an IP diagnostic provider you can envision working with over and over again, and who you trust to develop a deep understanding of your organization that results in the nuanced, comprehensive strategy you need to take the core competencies to the next level.

 

For the first time, Intellectual Property tracks will be offered during the 2019 CLOC Vegas Institute. Guided by experts in IP operations, we’ll explore some of the latest innovations and trends in the IP space—including best practices and how to implement them. Join us during the following sessions to learn more.

Don’t Gamble with Your IP: Ante Up for Patents and Trademarks
Tuesday, May 14th 10:30 – 11:20 Monet 1 & 2

Don’t Gamble with Your IP (Part 2): Know When to Hold’em in IP Litigation
Tuesday, May 14th 11:35 – 12:25 Monet 1 & 2

Sittin’ at the Table: Panel Discussion on CLOC IP Core Competency Matrix & Best Practices
Wednesday, May 15th 11:35 – 12:25 Monet 1 & 2

Hit the IP Operations Jackpot with an IP Diagnostic
Wednesday, May 15th 3:35 – 4:05 Bellagio Ballroom 4

Playing with a Full Deck: Best Practices to Build & Maintain Extended Services Teams
Wednesday, May 15th 4:20 – 5:10 Monet 3 & 4

Annya Dushine and Sam Wiley are IP solutions experts from CPA Global, the world’s leading intellectual property management and technology company.

Debunking 5 Myths about Legal Operations

It’s the most exciting time to be in legal operations. With more attention on the role than ever before, legal operations professionals have the opportunity to drive real change through process efficiencies, new technologies, and vendor management – and we’re just scratching the surface.

But with any emerging role comes new challenges – and myths – around the purpose, scope, and responsibilities. In today’s post, we will debunk five of the most common myths we’ve heard about legal operations.

1. Legal Operations is Clearly Defined

Many legal professionals, especially those within the CLOC community, describe legal operations in line with a definition shared by our friend, Dan Baker, Chief of Staff, Director of Legal Operations at Ancestry.

“The legal operations’ role is comprised of CLOC’s twelve core competencies with the ultimate goal of making sure your attorneys are best leveraged to do their jobs, while creating an organization where folks feel valued and want to stay.”

And while this serves as a fantastic baseline for how to define legal operations, the reality is that the function is new – it is quite broad and therefore often adapted to meet the needs of a specific legal team, its departmental maturity, and the company’s overall goals and objectives. For instance, some organizations have legal operations teams primarily handling paralegal work, while others have legal ops focus solely on managing budget or the technology stack. Legal operations comes in many flavors so don’t fall into the trap of comparing yourself to others when it comes to building out your own legal ops team.

2. “Our Legal Department is Too Small for Legal Operations”

Historically, only mature organizations with large legal departments could afford to bring on a dedicated legal ops function. And it was easiest for them to show the ROI with such a new role and justify headcount. This planted the seed (or in this case, the myth) that in order for legal operations to be warranted, the legal department must reach a specific size – generally VERY large.

But as the 2017 CLOC Annual Survey showed, the attorney to legal operations headcount ratio varies drastically from one industry to the next. At the end of the day, there is no “legal department size guide” to follow though there are general best practices around hiring and expanding legal ops teams.

We’ve also seen that a legal operations hire frequently becoming a GCs first hire. Early legal ops programs facilitate operational rigor and put critical infrastructure in place that can scale as the department grows and their scope of work increases alongside. And just because you don’t have a specific headcount for legal ops, or a full legal operations department, doesn’t mean you’re not investing in it.

3. Legal Operations is JUST Being Great with Technology, Data, and Metrics and Being Part of the Legal Team

There’s no arguing that legal ops plays an instrumental role in ensuring efficient and accurate data collection, which can then be used to make more informed and strategic decisions that not only benefit the department, but the entire company.

But being an excellent legal operations professional goes beyond just fluency in data, metrics, and technology. The best legal operations professionals also have an extensive skill set including:

  • Project management
  • Executive presence
  • Change management
  • Presentation skills

It is these skills that allow legal operations to drive great transformation throughout the legal department, cross-functionally with other business units, and for the entire business.

4. Legal Technology Will Solve All Operational Problems

One mistake that legal teams often make is thinking that technology is a fix-all magic button for any problems they face. This is a myth! In the wise words of Mary Shen O’Carroll, Director of Legal Operations, Technology and Strategy at Google and CLOC President, “A new set of golf clubs is not going to make you a better golfer. There are fundamentally other things that need to change and it’s not just the tools that will magically fix that for you.”

Technology doesn’t solve bad process. Legal Operations must first think about how to optimize the processes. Then, they can ask themselves, “How can technology be integrated into this process to help achieve greater results?”

Getting adoption of new technology is a whole other ballgame (and probably worthy of its own post). To ensure adoption of any technology, have a change management program in place. If you’re not sure where to start, we recommend focusing on these five key building blocks to create a successful change management program:

  1. Strategy
  2. Planning
  3. Communication
  4. Training
  5. Measurement

5. Legal Operations Will Continue to be a Small Community

Legal operations is a new and emerging field, but one that is growing and evolving at lightning speed. As a proud sponsor of CLOC four years in a row (including the institutes in London, EMEA and Australia), we’ve seen it first-hand. The outpouring of support from legal operations professionals – all with different backgrounds and experiences – to swap knowledge and tackle some of the most common legal operations challenges is inspiring. Not only is legal operations is here to stay, the community supporting shows no signs of slowing down.

See You in Vegas for the 2019 CLOC Institute!


Can’t get enough legal operations? If you’re attending the 2019 CLOC Institute – register here if you haven’t already – and please join our CLOC session:

 

Building and Optimizing Modern Legal Departments
Tuesday, May 14th at 10:30am
Speakers:

  • Nathan Wenzel | CEO, SimpleLegal
  • Frances Pomposo | Director of Legal Operations, Workday
  • Lucy Bassli | VP & DGC of Legal Operations, Snowflake

We’ll be discussing what a strong legal ops team looks like, how to leverage and maximize technology, strategies for collaborating with other departments, and the future of legal tech.

And don’t forget to schedule time to meet the SimpleLegal team and check out our modern and intuitive legal operations platform. It’s also the perfect opportunity to pick up your limited edition CLOC swag – we’ve got some exciting surprises in store!

Core Metrics: Creating a Common Language for Legal Operations

The goal of the CLOC Metrics Initiative was to deliver a core set of metrics and a common language to be used within law departments to measure performance. The resulting set of metrics should be easy to implement and are based on readily accessible data using a number of common underlying systems such as eBilling, matter management or contract management. Over time, the broad adoption of a standard set of core metrics such as these will support more accurate benchmarking across the ecosystem.

The CLOC Core Competency Reference Model provides the steps to build an effective legal operations function. The CLOC Core Metrics Initiative summary presented below focuses on the following critical and impactful competencies when developing the metrics needed for your legal operations function.

  • Strategic Planning
  • Data Analytics

The CLOC Metrics Initiative cohort presents a high-level introduction to a core set of metrics and a data dictionary and glossary. In this document, you will learn why a core set of metrics and processes matter and how you can build and implement these practices into your legal department.

It seems that all of us, especially those in the corporate space, are being asked to do more and more with less. Being more efficient is something that we all want, but how should we quantify it? Can we measure the changes we are driving? How do we determine if we’re operating efficiently or measure the impact of the changes we’ve already made? Can we, or should we, compare ourselves against others in the same space? What data points are most important to measure and how do we gather data on those points? These are just a few of the questions we’ve been asking ourselves.

Metrics are a big topic, too big to define completely in one initiative. The Core Metrics Initiative worked to establish a core set of metrics that could be universal to everyone, today. This, they hope, will form the basis for a common language and taxonomy that, over time, will evolve into a standard.

Why Standard Metrics Matter

Metrics not only allow law departments to measure their performance against internal standards but also, when there is a common language, against comparable external benchmarks. HBR Consulting’s 2018 Law Department Survey indicates that legal organizations continue to deal with increasing demand; however, budgets are flat and in many cases are declining. Law department leaders are often looking for external measurements to see how they stack up on key operational metrics such as spend, additional uses of technology, outside counsel, and many others. The need for consistent metrics is critical across those data points. Whether you need to evaluate how your department stacks up in its current state, as part of a broader operational review, or just to identify ways to take the department to the next level. Metrics must be used objectively to quantify, analyze and report on performance over time.

A large majority, 81 percent, of departments reported an expectation that their legal needs will continue to increase in the next year, citing commercial contracts, regulatory compliance and mergers and acquisitions as the top practices areas likely to require legal attention next year.
– HBR Consulting’s 2018 Law Department Survey.

A thorough benchmarking analysis can be a critical tool to determine best practices; however, if a law department’s metrics are not clearly defined, and in writing, the information may not be reliable. There are a growing number of surveys in the industry; yet there is also a lack of consistency in the types of companies that participate, as well as in the specific areas of focus of the benchmarking surveys. Gaining alignment on which data points are the most important and, at a minimum, creating an inventory of the metrics that should be used by law departments is a gap addressed in the CLOC Metrics Initiative.

Part of the CLOC Metrics Initiative goal was to identify a core set of metrics that could be incorporated into underlying systems like electronic billing, matter management, etc. to allow for a common taxonomy regardless of which software vendor used.

“Intel’s legal department grew up around a number of different tools across the practice areas and we never had one central place for data that was similar. Whenever we wanted to benchmark it was really difficult to pull together the data with high confidence. We would typically start off with our finance team to get our financials. But, since the finance team couldn’t see into our e-billing System, they could only give us our spend totals. The spend totals couldn’t give us any real insight into whether we were being efficient. I was constantly looking for ways to show the results of the programs we are running.”
– Sandy Owen, Director of Business Services, International Legal and Operations, Intel Corporation

Finding ways to accurately capture data the right way, and benchmark it, is a fairly common refrain amongst all legal operations professionals. Everyone is trying to collect data and metrics on their law department performance. Each person, in their own silo, is capturing data in the way that they deem best for their own use. While that works for the individual, it doesn’t always create a common standard that can be used to compare department performance with peers or with best practices.

Creating a Standardized Language

We began to see metrics as a kind of language. What we’ve seen in our industry is that each person is creating their own language. We were determined to take all of the metrics – the languages that have been created – and use them to create a common language with common words and common definitions. The CLOC Core Metrics Dictionary and Glossary was created to provide a foundation for any legal operations professional to generate a financial profile and communicate key performance indicators about their law department. The Dictionary and Glossary ensures that there is consistency in how all legal operations professionals are calculating their core metrics.

The CLOC Core Metrics Dictionary The ultimate common language which all legal operations professionals should speak along with calculations, formulas, and how to interpret the results.

The CLOC Core Metrics Glossary Explanations of the data elements and what other law departments typically include.

The CLOC Core Metrics Dictionary and Glossary also shows how to generate reports, what systems to generate reports from, and how to apply filters. In keeping with the language analogy, the dictionary contains the word and the glossary defines the word.

Getting Started with Your Department’s Metrics Program

We put together a suggested set of metrics to develop – what we consider to be the baseline, or foundation. In reality, if you’re capturing the 5-6 data elements that make up these core metrics across the categories of spend, resourcing and demand, you can create a much more robust metrics program across various practice areas for your organization.

This is by no means the end of this effort. Much like a “normal” dictionary, words will continue to be added. We look forward to growing a common dictionary across the ecosystem, but for today let’s get started with what we have!

Step One – Gather the Data

Starting a metrics journey may be a little daunting at first. The key is to take baby steps and know where to look for the data that you probably already have. We found that the key core tenet of metrics is related to spend. Spending and staffing are most often the areas that people look to for their key core metrics.

Many law departments have already implemented an e-billing system. Consequently, data on spend by firm, by practice area, or by region can easily be obtained. However, the core metrics that we’re really looking for rely upon a higher-level category of spend data — internal, outside counsel, and other non-law firm vendors.

Look for other sources of data that will provide any missing information. For example, every company should be able to gather information from their AP system, even those that may not have an e-billing system or are in the early stages of technology adoption. It doesn’t take a significant amount of work to gather some of the core elements needed to begin a metrics journey.

Step Two – Cleanse Your Data to Ensure Accuracy

Our goal in developing the Core Metrics Initiative was to simplify the process and only require a handful of data points to be captured. However, it’s important to keep in mind that your metrics are only as good as the data that you’re able to collect. We all agree that you can’t manage what you can’t measure. But if what you can measure is based on bad underlying data, your management decisions will be negatively impacted.

You’ve got to start somewhere. However, you also need to complete a thorough review of your data to get a sense of whether your data is clean, or needs additional cleansing. Make sure to identify incomplete, incorrect, inaccurate or irrelevant parts of the data and then replace, modify, or delete the dirty or coarse data. Cleansing your data on a regular basis is an important step in accurate data analytics.

Step Three – Analyze and Interpret the Results

Once you’ve captured your data and ensured that it’s clean, you’re only a few steps away from viewing your law department’s core metrics. There are many options to analyze, visualize and communicate your results.

The CLOC Core Metrics Dictionary includes calculations that you can use with a few data points and minimal effort. By using those formulas, you can recalculate your core metrics in a basic tool like Microsoft Excel or Google Sheets. As you begin a more advanced metrics evaluations and link to the rest of your data, you may want to consider utilizing a business intelligence platform designed to consolidate and analyze data. The goal is to put the power in your hands.

Calculating core metrics is something that you can easily do on your own, but it’s important to know that you have options and that you’re supported by the CLOC community.

So what’s in it for you and why should you care?

It can be a challenge to undertake a metrics project. However, we hope you’re getting excited about the benefits that data metrics can bring to your legal operations and that you’re starting to think about what you can do with your own data. If you’re just beginning this journey remember to start small. Take small steps with incremental improvements.

The benefits to metrics collection are huge. Not only will you have a tool that you can use internally, but you’ll have the ability to share data and benchmark your results.

“Probably one of the most immediate benefits we got from our metrics project at Intel was to identify areas we were operating inefficiently and put programs in place to fix them. Starting small with the data we already had allowed us to deliver immediate value and build credibility as we expanded our metrics program.”
Sandy Owen, Director of Business Services, International Legal and Operations, Intel Corporation

Key Takeaways

  1. Download the CLOC Data Dictionary and Glossary (Access for Members Only) so that you can begin to understand the data that you need to collect, and then you can begin to identify the data that is easily accessible.
  2. Take small steps with incremental improvements.
  3. Identify data streams and determine how to collect and cleanse the data.
  4. Use programs to analyze, visualize and present your findings.

Attend a CLOC Institute to learn more about this, and many other topics of interest to legal operations professionals. Are you an in-house legal professional? Join CLOC as a member and be part of the discussion!

Building Your Legal Operations Function from The Ground Up

More is being asked of the modern day corporate legal department than ever before. General Counsel are required to function like a business within a business, optimizing people, processes, and technology to serve the company effectively and efficiently. Legal operations excellence is no longer an option; it must be top of mind.

Whether you’re in a startup or in a mature organization, building a sophisticated legal operations program from scratch can be a daunting task. It takes time away from day-to-day legal duties and requires a heavy focus on business principles. To get it off the ground, many questions must be considered: Why is it necessary? When should you start? Who do you hire? What should you build and buy? How do you manage change and measure performance?

The CLOC Core Competency Reference Model provides a cycle to walk you through the steps in building an effective legal operations function. The CLOC 2018 Conference keynote outlined below focuses on these critical and impactful competencies as pillars when developing your legal operations function, as well as other competencies as you grow the function.

  • Strategic Planning
  • Technology Process & Support
  • Cross Functional Alignment
    & Communication
  • Financial Management
  • Vendor Management
  • Knowledge Management

It’s time to build a legal operations function that bridges your legal department to the rest of the organization

What’s the first thing you need to think about? Start with the big picture and what you’re looking to accomplish in your legal operations function. Your primary goal in building the function should be to enable the business.A well-defined legal operations function follows twin paths of organizational and functional maturity in its growth. Functional and organizational maturity are symbiotic and depend on each other for balance.

 

  • Organizational Maturity: How mature is the organization in relation to people, process, technology, and measurement? A mature organization operates with predictability, process, and precision. Are you reactive or proactive? Organizational maturity includes building out your team and your legal operations organization in a fashion that can serve the legal department.
  • Functional Maturity: How mature is your organization based on the prevalence of specific functional areas? As you grow, functional areas may include legal finance, knowledge management, technology implementation, vendor management, etc.

The more mature your organization is along the organizational maturity X-axis, the more opportunity you have to achieve areas of functional maturity. Likewise, increased functional maturity along the Y-axis will allow you to make a better business case to add more people to your organization. It’s challenging to develop both levels of maturity at the same time; however, it’s critical to keep both of these areas in mind as you develop your legal operations department.

In the beginning, as you develop your legal operations function, you may be all by yourself. It’s just you trying to achieve a lot of different goals. As you grow in organizational maturity, you can begin to think about hiring additional functions, like an eBilling specialist. Then, as you develop your organizational and functional maturity, you can hire for additional functional areas.

The CLOC Core Competency Reference Model is designed to show functional maturity in a cycle. Starting at the top with strategic planning, you need to work with your GC to set the strategy for the legal ops function and determine how you will build out that function. Once the processes are nailed down, you can start implementing technology to automate those processes.

Steve Harmon, Cisco, “In my opinion, everything revolves around the hub of knowledge management. You need to have at least a basic level of competency in order to establish the building blocks to address various issues. A robust knowledge management exercise is critical in creating a repeatable, scalable model that will standardize process across the organization.”

Executing Your Kickoff

In the strategy phase, you need to meet with all your key business partners. This is the time to start asking questions in order to understand the issues and pain points faced by each of your strategic business partners. Supporting your business partners is a critical component of your job and you will achieve the greatest success by working in a collaborative, cross-functional way with all the business units.

Ask questions that will enable you to understand each of your stakeholders’ priorities. This will help you determine how the legal operations function will drive the overall business.

Sample questions:

  1. General Counsel: Who are our clients?
  2. Practice Area Leaders: What are your key processes?
  3. Finance: Who are the legal department’s business partners?
  4. IT: What is the universe of legal technology in place?
  5. HR: How can existing talent serve operations goals?

Leverage Additional Resources
Leverage and identify talent throughout your organization who can help you. Even if you don’t have headcount, there are resources that you can leverage in other departments. Think creatively in terms of who you want to hire for your new roles. The person you hire may not have a legal operations background, but is passionate about operations and about changing the industry.

Lay the Foundation of Your Operations Organization
Laying an effective foundation will vary by organization and by priorities. Each of the pillars you select as your foundation will have underlying components. It can be overwhelming at first, but by focusing on the fundamental pillars in the CLOC Core Competency Reference Model, you can make manageable changes.

Mike Haven, Gap, “The 3 pillars for me were legal finance, partner management, and technology, with an overarching umbrella of strategy. Remember, it’s not a sprint, it’s a marathon and you need to focus on the pillars and mature gradually.”

The hardest part of the job is managing change. Things can become more painful before they get better. You might be going live with a new process or technology before the end users have fully adopted the idea. The key to change management is communication, engagement, and credibility.

  • Communicate. Explain to both your stakeholders and end users what you are doing and why you are doing it. They need to understand “why” in order to fully engage.
  • Engagement. Bring your stakeholders and end users on board with the change early and often. Get their feedback and ideas and make them a part of the change.
  • Credibility. Build your credibility early in the process. Start with some quick wins that show value right away.

Examples of Quick Wins:

  • Invoice Review: Take the first pass out of your attorneys’ hands to ensure compliance with policies and flag potential substantive issues.
  • Workflow Automation: Firm matter, timekeeper onboarding, rate reviews, settlements processing.
  • E-Signature: No more “Print, Sign, and PDF”.


Measure Your Traction as You Mature
There are a number of components you can use to measure your success. Spend, timekeeper rate management, invoice review, key matter status, and law firm performance are just a few of components that can be measured. When you first come into a legal department, make sure you measure your baseline, or starting point, for your most important initiatives. As you evolve, establish milestones to show your progression and prove your success.

Acknowledge that you are a service organization to a service organization. Why do organizations have law departments at all? The sole reason for their existence is to enable businesses to design, build, and sell products in a legally appropriate way. Ultimately, legal services must drive results.

How do you decide where you’re going to allocate resources in your department?

One way to allocate resources is to use the Core vs. Context Resource Allocation Model. This strategic method of allocating resources will allow your company to focus on what you do well and outsource the remaining activities to 3rd party firms.

First, determine which activities are mission-critical vs. non-mission critical. Second, decide if the activities are context or core. Finally, determine what percentage of your resources should be allocated to core, mission critical activities and which should be outsourced.

  • Mission Critical: Activities that, if performed poorly, pose an immediate risk.
  • Non-Mission Critical: Activities that, if performed poorly do not pose a risk
  • Context: Activities that are necessary, but not tied to competitive advantage.
  • Core: Activities that contribute to competitive advantage.

Examples of Typical Legal Operations Activities

  • High stakes litigation compliance: Mission-critical and Context -> Out-task.
  • IP Rights: Mission-critical and Core -> In-task.
  • Smaller litigation: Non-mission Critical and Context -> Outsource.
  • Routine transaction processing: Non-mission critical and Core -> Self Service.

Tools, Process, and Culture Trade-off

The three fundamental components of culture, process, and tools must be balanced when launching your legal operations function. In order to achieve your desired outcome, you need to understand your organization’s current processes and its culture.

Start with process definition. Understand how things are being done in your organization now. Define processes and map them to desired behaviors. Establish measurable metrics that are proxies for those desired behaviors. Process is going to be influenced by both tools and culture in your organization. You need to be nimble and be ready to iterate as new challenges arise.

Then, address the most challenging piece – the culture. How do the people in your organization make decisions? Culture is usually set and hard to change, especially in legal departments. You’ll need to create some motivating reason to persuade people to change the way they do work.

We recommend that you don’t start with tools/technology. It’s very tempting to just throw technology at the problem in order to achieve a quick solution. However, in the beginning we recommend that you focus on the narrowest set of tools that will solve the issues you face. By understanding your process and culture environment, you’ll be more successful implementing the right tools that will solve issues in the long term.

Key Takeaways

  • Don’t make this a tools problem. Go through the exercises and develop a strong foundation.
  • Start with process definition. Determine what matters to your organization and drive toward measurable results.
  • Recognize that you’re not going to be successful until you address the cultural challenges.

Attend a CLOC Institute to learn more about this, and many other topics of interest to legal operations professionals. Are you an in-house legal professional? Join CLOC as a member and be part of the discussion!