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!

Strategic Planning for Startup Ops and Tech Functions

So, you’re new to legal ops. Or your company is new to legal operations. Or maybe you’re in an existing role and looking to do a reset. Whatever the case, the CLOC 12 Core Competencies Reference Model can be used to structure your legal operations function.

 

The areas outlined below from the CLOC 2018 Conference keynote focus on three critical and impactful competencies.

  • Strategic Planning
  • Technology Process & Support
  • Cross Functional Alignment & Communication

These competencies provide you with all the insights you need to:

  • Approach goals, use and drive GC priorities, and learn how to size and staff your organization to achieve your goals.
  • Understand your department’s current state through a SWOT analysis
  • Create world-class strategic assets like vision/mission statements and tech roadmaps

Using strategic planning supported by technology process and support, cross-functional alignment and communication can help you build the right foundation for your legal department’s success.

Strategic Planning

A strategic plan sets you and the legal department in motion. An effective strategic plan is the difference between a reactive admin function and a partnership with your legal team where they trust you to guide them into places unknown. Without strategic planning, there’s no compass. With it, you’re at the helm and you steer the ship.

So, what exactly is a strategy? It’s the how. Or rather, a plan of action you lay out to achieve the mission, vision and goals of a legal department. You will always have competing priorities. Stakeholders and even vendors will try to influence you. Do your homework and build a strategy so that when competing priorities come up, you have a True North and can align people, projects and initiatives to that selfsame True North.

So where does one start?

The key is to start where the org is. The way to determine this is to embark on a roadshow of listening, asking probing questions and getting to know who your stakeholders are and what their needs are. You must deeply understand company goals, legal leadership goals and GC goals. Next comes a thorough analysis against CLOC foundations and core competencies. Through this high-level active analysis, you can start to get a sense of the current state, identify current opportunities and risks, what’s happening and what’s missing. To go into a framework, you have to prioritize based on company, GC, and legal leadership goals. But it all starts with the listening roadshow.

SWOT Analysis

The SWOT— strengths, weaknesses, opportunities, threats— Analysis is another strategic planning tool which can provide the business with a clear view of the advantages you have over competitors and your possible vulnerabilities. It’s an essential business planning tool that will help you:

  • Uncover opportunities that are quick wins
  • Understand the weaknesses of your business in order to help manage and eliminate threats.
  • Where do you need investment? Is it process, budget, resources, etc?
  • Determine strengths that serve as a foundation or starting point for a solution.

While developing your SWOT Analysis ask yourself on the following questions:

  • Are you thinking about the long game?
  • What are the unique priorities of your GC?
  • What has the most value?

Strategy Components

To help clarify the who, the why, and the what of a legal operations strategy, formulate and document the following:

Mission Statement: Formalize the aims and goals of the org or department in order to communicate what you want to do. Make it clear, concise and useful.

  • Who are your primary customers?
  • What service does your department provide?
  • What is the GC’s primary focus?

Vision Statement: The long-range emotional picture of what you’re striving to achieve. Building blocks:

  • What are three relevant industry and technology trends?
  • Who will we serve in five years?
  • What problems will we solve in five years?

Goals: What are your organization’s goals for the next one, three or five years. How will your department support said goals? Are these goals SMART (Specific, Measurable, Achievable, Relevant, Time-bound)?

  • Establish top objectives
  • Define top initiatives to support the initiatives
  • Establish measurable and repeatable metrics

Don’t rely on assumptions or what the org has done previously. Leverage the people that you have. Do interviews. Discover trends. Create the mission, vision and departmental goals, overlay them onto your SWOT analysis, and create a work plan using SMART goals. SMART goals have clear objectives, initiatives, metrics, owners, deadlines and project plans.

Technology Process & Support

Legal ops focuses on increasing efficiency and productivity by optimizing the delivery of legal services to the wider business. Technology and process are a core ingredient of any successful legal operations function. As you roadshow, develop strategic goals and conduct your department SWOT analysis, there will be issues, gaps, problems, and asks that can be solved with process engineering and technology solutions. Centralize all of these, categorize them as opportunities, and place them into a technology backlog and roadmap. The backlog is where all opportunities are captured, managed and prioritized into a list of work, or roadmap. The roadmap outlines sequentially which technology or process solutions you will implement over the month, quarter, and fiscal year.

Roadmaps are another strategic planning tool in your toolkit ensuring investments meet the short and long-term goals of the organization. They can also be used as a budget, alignment and communications tool and are often accompanied by more in-depth business cases, implementation and communications plans.

“[Backlogs and Roadmaps] are the easiest way to let people know that you’re listening to them, that it’s on the radar and that you’re setting appropriate priorities and expectations.” –Frances Pomposo, Director of Legal & PEC Operations

Cross Functional Alignment & Communication

But wait, there’s more! Communication & buy in (internal & external) can make or break any initiative. A new process may rely on inputs from Procurement. A new technology may also feed data downstream to Finance.

Key Business Unit Alignment

Think about the key business units cross-functionally that work with Legal. Who do you need to start meeting with on day one? Establish relationships and align legal ops with your partners in other organizations. Not only will this provide you with an in-depth understanding of their goals and work dependencies but it will also help you get buy-in. Communicate what legal ops is aiming to achieve, establish early adopters, set up periodic meetings and get on their roadmaps.

Department Comms

A huge part of legal operations is being the department spokesperson, responsible for making sure those who need to know about projects, successes, etc. are in the know. As the head of the legal ops function you are responsible for marketing the department and keeping initiatives top of mind and bolstering the work the team does and how they positively impact the company and serve as a business partner.

Key Takeaways

  • You are customer service brand for your department.
  • Over-communication is key. Because legal operations is often executing behind the scenes, it is important to make sure your department knows what is going on/being worked on at all times.
  • Cross-functional alignment is critical to success. Maintain and/or improve relationships with key business units.
  • Think about the long game and track trends year over year. Develop a tech roadmap and make your vision a reality.