CLOC Mexico: Transformación Legal – El Viaje con CLOC de un GC

Descubra cómo los principios de CLOC pueden transformar las operaciones legales de su equipo. En este webinar, exploraremos cómo un General Counsel ha aprovechado estas prácticas para optimizar la eficiencia y fomentar la innovación dentro de su departamento legal. Analizaremos métodos para mejorar la colaboración, optimizar procesos y gestionar presupuestos de manera más efectiva. Esta sesión le proporcionará enfoques prácticos y probados que pueden maximizar el valor de las operaciones legales en su organización. No se pierda esta oportunidad de obtener insights valiosos y aplicables para su propio equipo.

Associated with Mexico

 

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CLOC New York: Maximizing Legal Ops – KPI Informed Strategic Planning

Join your CLOC New York peers for this in-person discussion focused on optimizing your legal department. We’ll dive into measuring Key Performance Indicators (KPI), calculating Return on Investment (ROI), and using these metrics to guide strategic planning as we look ahead to next year. Learn beside peers while networking and connecting with legal operations professionals in the New York region.

Space is limited -register now to save your spot and check back for additional event details.

AGENDA

  • 4pm-5pm: Arrival and open networking
  • 5pm-5:20pm: Critical KPI’s for a Legal Department and How to Calculate ROI to Establish Metrics
    • Jessica Jones Escalera, Managing Director, Head of Legal Operations – Americas @ HSBC 
  • 5:20pm-5:40pm: Utilizing Metrics to Guide Operations and the Legal Departments Strategic Planning
    • Jessica Williams, Director of Legal Team Strategy and Operations, FanDuel 
  • 5:40pm – 6:00pm: The General Counsel’s Perspective: Impact of Strategic Planning on the Organization
    • Alexia Maas, Founder & CEO | General Counsel & Business Adviser, Stratevix 
  • 6:00pm – 7:00pm: Happy hour & open networking

Hors d’oeuvres and beverages provided. This event is graciously supported by Malbek.

Associated with CLOC New York

CLOC Pittsburgh/Ohio Regional Roundtable Discussion

Join your CLOC peers in the Pittsburgh/Ohio region for a virtual roundtable discussion sharing insights around your legal ops opportunities and challenges.

AGENDA

  1. Welcome
  2. Regional Group Updates
    1. ACC & CLOC Event
  3. Discussion Topics
    1. Share & Tell – recent/current projects
    2. What are you budgeting for in 2025?
    3. ALSPs and Contractors
    4. LegalOps interns?
    5. Latest and greatest in Legal Tech
      1. AI
      2. CLM
      3. Process Orchestration / Workflow
      4. Chatbots
      5. Other?
  4. Closing Remarks

Associated with Pittsburgh/Ohio

White Paper: Turning Legal Into a Value Center – Cost-Saving Strategies from Legal Ops Professionals 

This webinar will share the findings from an upcoming white paper produced by CLOC and Priori, as well as feature discussion with some of the legal operations professionals who participated in the white paper. You’ll learn about trends in how legal departments of all sizes are approaching legal spend and gain insights into their decision-making processes. 

Topics to be covered include a framework for prioritizing legal spend projects, key considerations for analyzing legal spend (such as internal resources and work assessment, legal technology and outside counsel and other external resources), and how departments consider these factors and make decisions that optimize spend. 

Legal Costs

Building your bench: Why modern entity management needs you to partner with tax & finance

Modern legal entity management has finally transcended its traditional confines in the general counsel’s office, and not a moment too soon. In fact, we see this happening more frequently, with legal departments increasingly involving compliance (48%), governance (38%), finance (35%) and tax (25%) business units in entity management activities.

By no longer limiting itself to a small team of legal colleagues, the corporate record can finally be used for strategic decision-making. However, even with more business units participating in entity management, is there room to make this an even more powerful partnership? The answer lies with your colleagues in Finance & Tax.

Finance: Follow the money

Formally engaging the finance department can help more senior executives beyond the general counsel’s office understand entity management as an important business priority. Finance departments are often profit centers (as opposed to the legal department, which is often viewed as a cost center).

And for finance teams, entity data is increasingly important to their strategic planning processes. This year, the volatile markets and increased financing costs have pushed companies and funds to act more cautiously than in years past, with a higher priority on entity restructuring (and spinoffs), smaller M&A deals, and looking at past opportunities with fresh eyes. However, these short-term activities are only setting up for a bigger potential play in 2023; with high rates of undeployed capital — or dry powder — in the capital markets, 80% of Deloitte’s survey respondents believed that may be an opportunity to catch the wave and invest their cash as targets rise in value.

These opportunities, both short and long term, require a comprehensive understanding of entity data and a strong compliance track record to be competitive. Yet, 49% of companies still report using Excel to manage their entity data and a quarter reported at least one entity out of good standing in the last 24 months.

It is in the finance department’s best interest to find and invest in solutions that ensure the meticulous execution of entity management processes and empowers them to stay competitive for whatever opportunity arises.

Tax: Fighting complexity with collaboration

The Head of Tax seeks out opportunities that minimize costs and drive efficiency. Yet global complexity has hampered their agility in a trend that only seems to increase: in 2023, 45% of TMF Group’s accounting and tax experts anticipated compliance to grow over the next five years, which demonstrates the operational strain these business units are increasingly facing.

However, there’s acute awareness that with access to the right data at the right time, these heads of tax can ward off complexity. Focusing on global tax provisioning and integrating tax data company-wide are the top two priority for tax professionals in 2023, of which entity data is interlinked. By using technology to create a holistic view of the organization’s tax burden, this alignment with the legal team breeds efficiency, reduces redundancies and maximizes the potential for growth.

Entity technology: The path to partnership

In a world where collaboration reigns supreme, technology’s importance in connecting disparate business units cannot be underestimated. By creating a single source of truth for your entity data stored in a self-service database, tax, finance and legal teams can finally strategize from a collective playbook. This playbook can unlock the potential for growth, risk mitigation, and efficient decision-making. The era of entity management as a cross-functional responsibility has arrived, transforming it from an individual effort into the team sport it was always meant to be.

Diligent

Diligent Entities is the world’s leading purpose-driven entity management technology solution.  With solutions across governance, risk, compliance, audit and ESG, Diligent empowers more than 1 million users and 700,000 board members and leaders to make better decisions, faster. No matter the challenge.

Now that you know the value of partnering with tax and finance teams, take a closer look at how entity management technology can help you solidify that partnership and practice more efficient entity management.

General Counsels (aka CLOs) and the right operations leadership are a match made in heaven 

We, the legal operators, love working with you, GCs, and we are impressed every day by how quickly you get to the heart of complicated problems that are presented to you from across the company regularly and frequently. We admire you for mastering the art of building up your arguments to present compelling cases. And we experience you to be modest, humble, and humorous. 

Thank you for offering us a seat at the legal leadership table and for thoughtfully, intelligently, and supportively sponsoring our initiatives to reimagine the delivery of legal services. We have done well together and came far. Amongst other things, we figured out outside counsel collaboration, eDiscovery, contract automation, and litigation management. We have also made considerable progress in enticing our colleagues – the legal function – to move from consultation to collaboration, which has led to more tangible results and given greater purpose to our lawyers. 

As we have increased the functional maturity of legal teams, we are now ready to address the fact that not every piece of legal work requires tailored attention and a perfect solution. In fact, half of the work that we do should be looked at from a perspective of operational excellence to help our business partners obtain faster, more consistent, and simpler legal solutions. We are convinced that this is a logical next step, and in pockets, for example in contracting, we are well on the way to doing this already – it is about harmonizing, simplifying, and automating these services. The questions that we need to address are: 

“How do we lead a legal function that will cover workstyles that range from providing a commodity service to the extraordinarily complex and bespoke nature of developing a litigation or acquisition strategy?” 

“How do we do justice to our people that want and need to be developed on these extreme ends of the spectrum?” 

 As always we come prepared with three archetypical options: 

  • Focus on core legal activities and delegate everything else to business partners 
  • Split the legal function and have an independent legal solutions team manage the day-to-day operational activities 
  • Broaden the legal leadership approach to accommodate both groups, those that work to support the day-to-day business and those that take care of the extraordinary matters that companies face a couple of times a year. 

 All options will lead to spectacular outcomes, happy business partners, and satisfied and engaged legal professionals on both ends of the complexity spectrum. 

Author: Maurus Schreyvogel, Chief Legal Innovation Officer at Novartis International AG.

Legal Software

Taking a nod from Wordle: How to accelerate the LegalTech of the future

Like much of the rest of the world, I have been Wordling. Every. Day. Today, they said I was Splendid! Beyond the quick endorphin shot that gave me, I’ve been spending more time lately thinking about the magic formula behind this simple word game. What is it that makes it so engaging, and how can we make the technology we use every day in our professional lives this easy and fun?  

Here are my top takeaways on what makes Wordle such a delightful product experience and what inspiration the LegalTech community can take from those insights. First, the three things that really make Wordle connect with users:   
 

  1. Wordle aces Time to Value – it gives users value back within seconds (in this case, value being fun). It doesn’t require a huge learning curve, implementation time or onboarding time. The onboarding instruction guide is 85 words long and took me 40 seconds to read. 
  1. Wordle avoids the Build Trap – it only has a few capabilities, and it makes those features work really well. Plus, it only lets you play once a day – meaning you can’t binge it and then get bored. It makes you want to come back again and again. It just works by doing a few things really well.  
  1. Wordle is Agile –  Wordle was recently acquired by The New York Times, and some small hiccups ensued. We learned we weren’t all solving the same puzzle with our friends and families and speculation started growing that the acquisition would ruin the thing we all loved.  The brand needed an intentional, well thought-through approach to making the integration successful, protecting the essence of all that is good about Wordle. But the team recovered quickly! Our lesson is to listen, iterate and make improvements fast! 

So how can we take the essence of what Wordle does so well and apply it to the much more complex LegalTech space? We can start by bringing some joy into the equation. 

We all know the last two years have not been kind to corporate legal departments. A perfect storm of record M&A volume, a slew of new regulatory and compliance challenges – including a rapidly growing list of environmental, social, and governance (ESG)-related issues – and a pandemic that disrupted traditional workflows and created widespread staffing shortages, has left many corporate legal departments feeling exhausted. 

I’ve seen the phenomenon first-hand. As chief product officer for LegalTech at Thomson Reuters, I help create technology to help legal teams confront their challenges. As those challenges have grown considerably over the past few years, I’ve felt a very real urgency to address the existential question: Can technology really help improve the experience of our people? 

As I’ve continued to talk with clients – one of whom started a call by apologizing for looking disheveled because he hadn’t slept in 48 hours – We’ve landed on three key criteria to inform LegalTech product development experience from the customer’s perspective.   

  1. LegalTech needs to be Smart – The LegalTech industry needs to ensure we are truly saving people time, not asking them to spend more time monitoring and second-guessing the technology. That’s a really big deal when it comes to leveraging AI for things like automated contract review and spend management analytics. It means the technology must understand the language and nuance of each industry to inform the next best actions – and explain those recommendations by showing the logic. It means we need to be able to trust that the AI is fair, representative, and accurate. We need a human-centered approach to AI that instills trust and confidence.  
  1. Proprietary platforms need to be Open – The way we work and collaborate has changed in the last few years, with cats and alien eyes joining us on virtual meetings. We must bring technology to where people are already working. For decades, tech companies have built software on their own proprietary platforms hoping to win clients over to their product universe. In fact, it is a far more effective strategy to build an open platform that can work seamlessly through existing platforms, which legal departments are already using to collaborate, both with their in-house colleagues as well as outside counsel.  
     
  1. Technology is all about staying Connected – Over 50% of large legal departments use more than nine legal technologies, often disconnected from each other. This leads to a fragmented and inconsistent experience, and the effect is the opposite of what  we all want – needing technology to just work, seamlessly. Law departments have a role to play – asking for industry standards like LEDES and SALI, asking for open APIs, asking for ownership of their data. Raise the issue with software providers, asking for your suite of solutions to cooperate with and complement one another. And tech companies need to listen, learn and innovate. 

Tying this all together, tech providers need to think like partners. For some product development that means rolling, iterative software development schedules make incremental refinements and improvements every day or every week, allowing end-users to learn and absorb new product enhancements gradually as part of their workflow. 

The world has changed. The way people work has changed. In LegalTech, this means we need to be smarter, with human-centered AI capabilities, open, with the ability to meet people where they work, and connected, intersecting the choice of technology with the integration of technology.   

LegalTech can not only be better, but it can also be – dare I say – Splendid! 

Author: Kriti Sharma is Chief Product Officer, LegalTech at Thomson Reuters.

 

Working Sessions

Learn how to build your own legal technology roadmap 

By Jeffrey Solomon, Senior Director of Product Management, Wolters Kluwer ELM Solutions 

Corporate legal departments (CLDs) are becoming increasingly technology-driven, and yet most CLDs would probably not consider themselves full of technology experts. After all, who gets into the business of law to become the next Elon Musk?  

Still, there’s no doubt technology is an essential component of a successful, well-run CLD. That’s why, according to Gartner, legal departments are expected to increase their spending on legal technology threefold by 2025. Indeed, if you’re reading this blog, there’s a good chance you probably have some form of legal bill review software or another type of legal operations application a click or two away.  

And while it’s great that you’re likely already using some form of technology to accomplish everyday tasks and (hopefully) make your department more efficient, there are bigger questions at hand beyond just “How can I save time on bill review?” Questions like:  

  • Which technology investments will help me achieve my departmental and corporate goals? 
  • Will AI or similar kinds of modern technologies help me reach my goals more quickly or more strategically? 
  • If so, which solutions are most appropriate for my department today, and which should I plan for in the future? 

A technology roadmap is essential to successful legal operations 

To answer these and other questions–and to make sure you end up investing in the right technologies– you need to develop a roadmap that will help you get from whatever technology maturity stage you’re in right now to where you want to be. A technology roadmap is a long-term, multi-year plan that allows you to assess your current technology resources and align existing and future investments to both your CLD’s and the company’s goals. 

Creating a well-considered and solidly planned roadmap is essential if you want your lawyers to work more productively, intelligently, and efficiently. It will allow you to achieve three things: 

  • Plan for and invest in the technologies that will add the most value to your organization in the short term and long term 
  • Keep you from wasting money on “shiny objects” that will not help you achieve your business objectives or simply won’t be adopted 
  • Ultimately generate greater efficiencies, better business outcomes, and help your teams work smarter and faster 

Building your technology roadmap 

How can you generate your legal technology roadmap—one that’s unique to your business, is adaptable enough to evolve as your organization’s needs change, and sets you up for current and future success? 

That’s the question at the heart of our latest whitepaper, A Practical Guide to Creating a Legal Technology Roadmap. It is a step-by-step guide to creating a technology roadmap to ensure you’re aligning your technology investments with your corporate objectives and your current reality. You’ll learn: 

  • How to get started 
  • Which questions to ask 
  • How to analyze your department’s legal technology maturity level 
  • How to prioritize technology needs for the stage you are in and the next stage in your development 
  • How to get buy-in from senior leadership and the day-to-day users in your core processes 
  • And more 

Download the white paper today to learn how to build a roadmap that is aligned with your CLD’s vision for the future. 

Legal Software

Legal Shared Services 

The art of tailoring an approach that aligns to an organization’s unique needs 

As corporate law departments continue to look for ways to do more with less, the concept of shared services frequently enters into the equation. For most organizations, centers of excellence (COEs) represent a generally familiar approach. Historically, a “typical” COE model was often thought to rely upon lower-cost/administrative resources focused on lower-risk tasks that arise with frequency. And while this type of COE most certainly still exists, gone are the days where this one-size-fits-all approach to shared services is the only option on the table. This blog post will outline the considerations most heavily influencing the design of shared services models today, identify a few potential challenges (most of which can be proactively mitigated) and provide guidance on the next steps toward designing a (successful!) shared services model. 

In exploring how a COE might drive value in an organization, where should a corporate legal operations department start? 

There are many reasons to consider legal shared services: improving client service, reducing costs, standardizing processes, lowering legal costs or spend, supporting corporate strategy, eliminating redundant processes, or helping to introduce new technologies. So — where to start? 

  1. Define  short- and long-term goals in collaboration with stakeholders for the shared services initiative 

Shared services centers appear to be underused, according to findings from a 2021 EY study in conjunction with the Harvard Law School Center on the Legal Profession. While 73% of companies use them to support the legal function in some capacity, only 9% use them extensively. One frequent driver of this lag in shared services adoption is the absence of a clearly articulated set of goals and objectives for the initiative. In the absence of this, shared services models can stagnate, thereby reducing overall value and leaving internal resources frustrated by the lack of progress. To avoid this outcome, formally define goals at the outset and include all impacted stakeholders in the process. 

  1. Solicit executive feedback on shared services goals and enlist leadership support to drive stakeholder buy-in 

The implementation of a shared services model can be challenging under the best of circumstances. However, with a well-articulated set of goals and buy-in from appropriate members of an organization’s leadership team, the likelihood of success with a COE initiative will increase exponentially! Once the goals for the shared services initiative have been defined, pressure test them with leadership to confirm alignment with other strategic initiatives that may or may not be in the COE line of sight. Finally, ask for a commitment from leadership or an executive sponsor to help drive stakeholder messaging, thereby confirming a top-down approach to promote enthusiastic acceptance of the shared services initiative and the organizational changes it will bring. 

  1. Develop an implementation strategy  

There is no substitute for a well-defined strategy, except a well-defined and documented strategy. With this in mind, be sure to formally capture the requisite details of the implementation plan, socialize and gather feedback as required, and identify a resource to maintain and update the COE plan as required. 

  1. Communicate early and often 

No one likes to be surprised by changes to organizational strategy and/or structure. Thus, a change management and communication plan that contemplates stakeholder outreach both early and often is likely to drive the best outcomes. 

Realistically, what legal work can be managed in a shared services setting? 

The law department’s move toward shared services does not necessarily mean making wholesale changes all at once. Typically, law departments will start a shared services journey with activities that are high volume or low risk that have clearly defined and standardized processes, for example, e-discovery, template automation, document review, entity management or contract life cycle management. Starting with high-volume or low-risk areas, companies can design specific workflows and can measure performance according to standard metrics and process guidelines. Begin with one, two or several of these activities during the initial move to this delivery model. 

However, there is a trend for companies to also look at expanding the legal shared services model beyond those traditional activities to include more transactional-type support. These activities may include regulatory remediation and repapering programs, contract drafting and negotiating (vendor or customer) intragroup service agreements, and IP rights management. These types of activities were previously thought to be too high risk to be handled by a shared services format; however, with detailed workflows and proper oversight, there has been success with expanding beyond process support. It should be noted that the expansion typically requires a legal-driven shared services model with the right mix of legally trained professionals or a COE that utilizes professionals with the right legal skills to provide the necessary amount of legal expertise to offer guidance when needed.  

Is it a COE or something different? 

There is often a lot of confusion about the differences between COEs and shared services teams. A shared services center (SSC) usually refers to a dedicated unit, including people, processes and technologies, that is structured as a centralized point of service and is focused on one or more defined business functions. Shared services may come from several different physical locations (regional or global) and can operate onshore, offshore or virtually in some cases. Service delivery may be executed by internal resources or external providers, or a hybrid combination of both, and can involve a single or multiple business functions. Companies sometimes engage external providers to consult with various elements of the design, structure, location and execution options.  

Comparatively, a COE is typically thought of as a specialized knowledge center. A COE is a team that provides leadership, leading practices, research, support or training for a particular focus area. The focus areas of COEs vary and may include technology, business concepts, strategic initiatives or specific legal skills. In other words, they are smaller groups within an organization that can get better results by devoting themselves to a particular activity or set of ideas. Within COEs, there is an emphasis on advanced training and certification, knowledge sharing, and development of standards and methodologies. For COEs to gain acceptance within an organization, they must be given a clear mission and then provide demonstrable value to the business units. Like SSCs, COEs have many variations and should be implemented to meet an organization’s individual legal needs. COEs can be centralized at the enterprise level, within business segments or in the form of smaller communities of practice.  

This is a big change — what is the best way to bring the shared services vision to life? 

The deployment of a shared services team can represent a big change from a cultural and resourcing perspective. A strong business case that clearly illustrates the overall benefits to the organization and the impacted resources will establish a solid foundation on which to build. From there, internal socialization of both project goals and project approach is key, although a methodical change management and communications plan is equally important to determine the right messaging at the right time. Finally, a flexible, phased approach to shared services implementation will allow for adjustments as needed.  

The views expressed by the author are not necessarily those of Ernst & Young LLP or other members of the global EY organization. 

EY member firms do not practice law where not permitted by local law or regulation. Ernst & Young LLP (US) does not practice law or offer legal advice. 

Co-authored by: 

Christine Sanz, Senior Manager, EY Law – Legal Function Consulting, Ernst & Young LLP 

Melissa Miller, Senior Manager, EY Law – Legal Function Consulting, Ernst & Young LLP 

 

Legal Operations Can Pivot to Extract Maximum Value from Outsourced Services Providers 

Legal operations professionals are the cornerstone in any corporate legal department with wide ranging impact across an organization. They are the process visionaries who make sure the legal work gets done on-time and on-budget, that the right stakeholders are included, risk is identified and mitigated, and that the best technology and service partners are tapped to make everything run smoothly. 

When it comes to working with outsourced service providers from managed services or alternative legal service providers (ALSPs), there is both a science and art to managing the vendor relationship to extract maximum value.  Done right, the outsourced relationship can bring tremendous support and expertise to the legal operations function as well as other departments and external law firms.  Handled poorly, the outsourcing effort can fail, creating unnecessary risk, reflecting negatively on the legal operations team and other teams within the organization. 

So how can legal operations pivot to extract maximum value from its outsourced service providers and ensure success?  By focusing on five key areas including Building Trust, Communication, Metrics and Reporting, Active Engagement, and Honesty. 

Building Trust

If trust cannot be established between legal operations and the outsourcing provider, the relationship is doomed; trust is a two-way street.  The outsourcer must consistently and predictably provide excellent communication, quality work, and accountability with proper metrics and reporting to back it up.  All of this instills confidence in their services.  However, the legal operations person also has to become an internal advocate for the outsourcer, someone within the company who is committed to their success. Change can be frustrating so legal operations must ensure that all of the internal stakeholders remain informed and involved as the relationship grows. 

Whether it’s a one-off project or a long-term managed services contract, the legal operations professional has the power to be a champion of the outsourcing effort.  Legal operations often has to make the case for outsourcing, to show proof of concept, anticipated value, and a vision for how it can work best.  There may be some initial resistance and objections at the company, and a preference to use in-house resources.  Legal operations needs to be vocal about the reasons and benefits for outsourcing in order to overcome and address concerns. Service providers need to be very aware that their champion will also be the person taking the brunt of criticism when partners are not performing up to expectations, so their goals must include supporting that champion proactively and substantively wherever possible.

At the outset of the relationship, the provider needs to get connected to the right people and necessary information.  Their client contact within legal operations must help get them what they need to get them off to a flying start.  When both the client and the outsourcing company trust each other and have one another’s backs, the relationship really takes off. 

Legal operations people working at large organizations often face a long process to get an outsourced vendor approved for a Master Services Agreement.  Therefore, it behooves them to support the services provider so that they are able to leverage that resource to the hilt once they finally have the agreement in place.  The company doesn’t need multiple vendors if it makes the most of the ones it has vetted.  Once vendors are approved, give them the training, information, and access they need to succeed.  Document the process with playbooks, briefing documents and workflow maps to establish clarity and uniformity.  Ensure that the company’s legal operations team and in-house lawyers are on hand to provide quality control at key junctures.  Any changes in process, even slight modifications, need to be checked and approved.

Communication

Communication with outsourced providers is more than emails, conference and phone calls – it’s a mindset and modus operandi.  The communication flow must be immediate and mutual between legal operations and the external resource regardless of the information being shared.  This includes sharing good news, relaying bad news, or discussing a process change.

From a troubleshooting standpoint, if an issue or problem arises, the outsourcing company should notify the client immediately and vice versa.  By definition, the outsourcing company has one degree of separation from the company itself, so delayed notification can cause the issue to get exacerbated and potentially more out-of-control.  Communicating the problem promptly and clearly allows for a solution to be devised so resolution comes more swiftly.  Quick issue notification, communication, and resolution are primary factors in building trust in the relationship and being a true partner.

Communication is also crucial from a billing standpoint, and the onus is on the outsourcing company to keep legal operations contacts informed of the financial status of ongoing projects.  Perhaps the work is clicking along fine but the bills are totaling up much higher than the budget allows – that’s a problem.  Or maybe there is not enough work being supplied by the client and the budget is not being used to its full extent; the outsourcer needs to communicate that, too. 

As a legal services provider, there is value in establishing a client’s preferred method of communication. Important emails can be lost in a busy mailbox and phone calls can go unanswered during a hectic day.  Understanding when a short conversation would be more effective than a flurry of email messages should not be underestimated.

Metrics and Reporting

Any discussion about communication these days inevitably leads to accountability through metrics and reporting.  The outsourcing company must track and provide status updates and reporting to the satisfaction of legal operations and its stakeholders.  At any time, legal operations should be able to ask the provider for status on team size, productivity, bottlenecks, and delivery dates and get a quick, thorough response.  Where physically is the work being done, and is the location secure?  Where are the work assignments coming from within the company, and are they in line with the outsourcing agreement?  Weekly check-ins may be necessary at the beginning of an engagement and then less frequent as the relationship becomes more established.  The more granular tracking and details the outsourcer can provide, the more prepared and forthcoming legal operations can be when reporting on progress to the GC and company executives.   

Tracking and reporting on metrics can provide more than updates and status reports. They can deliver valuable insights into a client’s processes, resourcing, data and help frame conversations around methodology or delivery improvements. One of the first operational tasks in a project should be the mutual agreement of the key metrics required to manage the process and risk. Both teams will obviously have different perspectives, but the core metrics needed by both teams will be very similar.

Metrics and reporting can be enormously helpful from a diagnostic point of view if something goes wrong.  Outsourcing companies have human beings on their delivery teams, and they are going to make mistakes, despite their best efforts.  Discovering these errors and mitigating or eliminating them as soon as possible helps to keep risk low and iron out kinks for a smoother, more flawless process.

Active Engagement

Outsourcing companies cannot work in a vacuum – they need frequent interaction to operate as a seamless extension of the corporation’s own team.  The outsourcing resources must be actively engaged with the client via email but also on calls, especially now that in-person meetings are uncommon and most are done virtually. 

The legal operations/outsourcing partner relationship is ever-changing and it can grow over time to serve the client organization more adeptly.  The more the outsourcer becomes familiar with the company’s priorities, protocols and deadlines, the more successfully it can support the client.  Both sides are equally invested in a quality result, both sides are careful not to waste time and money going down the wrong road.  Ideally, both legal operations and outsourcer are empowered to call an audible if a project is going astray. 

One of the secrets of successful outsourcing companies is the personalities of the people they employ.  Client-facing outsourcing team members must be able to speak up, push back, and earn the client’s confidence.  More passive individuals who are less forthcoming may be highly intelligent or knowledgeable but they are not always well suited to client-facing positions.  The best outsourcing providers have client-facing team members who have terrier-like perseverance and who develop the confidence to speak up at the right time.  These inherent tendencies are improved by empowerment and guidance provided by experienced managers.

Honesty and Transparency

The pandemic has brought about a new level of humanity and honesty in the working world.  How many times has a dog barking or child bringing in a school paper appeared in business meetings over the past two years?  Many of the formalities of business have fallen away, giving people the opportunity to be more “real” and connect on a more level playing field.

Honesty and transparency are essential elements to building strong legal operations/outsourced provider foundations.  This involves the culmination of all the principles mentioned above including communication, metrics and reporting, building trust and active engagement.  Over time, the outsourced provider earns trust through being honest and transparent with legal operations and vice versa. 

An honest outsourcing company will admit when a project is out of its wheelhouse and will not overstate its capabilities. While legal operations may be disappointed at an initial no, this is much preferable to the outsourcing company saying it’s capable and then the project fails.  An honest answer paves the way to a possible solution, and the companies may be able to work together to co-create a solution that benefits both.  Both legal operations and the outsourcing resource must be equally transparent about what each is providing and how they meet in the middle to get the job done right.

Conclusion

Legal operations are in a central position to leverage outsourced providers to bring about successful outcomes.  By combining key principles like establishment of trust, communication, measurement and accountability, active engagement and honest transparency, they ensure that outsourcing relationships pay off and deliver on their promise.  Over time, the relationship will shift from being client and outsourcing vendor to an equal partnership.  When legal operations cultivates outsourced teams which are true extensions of their internal resources, that’s a win-win.

 

 

About the Authors:

Clare Chalkley, Robert Daniel and Randi Salzberg are all subject matter experts (SMEs) in their respective fields at Integreon, a global ALSP and managed services provider. 

  • Clare Chalkley, Vice President – Legal Services, is based in London and runs managed document review and litigation services projects for Integreon, having previously been a litigation support manager at Clifford Chance law firm and other roles in the field for 25+ years. 
  • Robert Daniel, Senior Director and Financial Services SME, is based in the U.S., having previously worked for Bank of America in legal discovery and related positions for 25+ years.
  • Randi Salzberg is Vice President, Marketing and Creative Services in Integreon’s Business Enablement Services division. Before Integreon, she was a Managing Director in Marketing at investment firm Alliance Bernstein for 25+ years.