The Legal Ops Investor. Workshop with small group ac9vi9es/exercises

Transcription

1 The Legal Ops Investor Workshop with small group ac9vi9es/exercises

2 Session Objec9ves Iden9fy and discuss legal ops planning strategies in the context of budget Provide prac9cal insights for achieving savings that enables future ini9a9ves Tap par9cipants insights and experience

3 Session Agenda Introduc9on Form groups Group investment ac9vity Groups share results Discussion 10 min 5 min 15 min 20 min 20 min

4 Focusing on Wise Investments Many poten9al investments compete for limited budget Budget is not the only decision- making factor, but open one of the most concrete Legal ops leaders must invest wisely, which some9mes means making difficult choices

5 Other Factors (Covered at ACC Legal Ops 2015) Low hanging fruit Risk management Groundwork / prerequisites Change management Sa9sfying stakeholders Pacing Strategic direc9on of company

6 Legal Opera9ons Core Competencies 2 Advanced Communi- ca9ons Professional Development and Team Building Strategic Coverage Model Data Analy9cs 3 Mature Li9ga9on Support Cross- Func9onal Alignment Legal Opera9ons Func9on Knowledge Management Global Data Governance / Records Mgmt. 1 Founda9onal Strategic Planning Financial Management Vendor Management Technology Support

7 = Linked to Greater Spend/Savings 2 Advanced Communi- ca9ons Professional Development and Team Building Strategic Coverage Model Data Analy9cs 3 Mature Li9ga9on Support Cross- Func9onal Alignment Legal Opera9ons Func9on Knowledge Management Global Data Governance / Records Mgmt. 1 Founda9onal Strategic Planning Financial Management Vendor Management Technology Support

8 Group Ac9vity Par9cipants split into groups of 3 5 Each group is the legal ops leadership of an imaginary department Each group starts with a fic99ous budget to invest in legal ops ini9a9ves Handouts provide a menu of representa9ve ini9a9ves to choose from, each with spend/savings associated Ini9a9ves are grouped into 3 main competency areas: Founda9onal Advanced Mature Groups choose ini9a9ves, making investments to save money or gain other strategic advantages. There will be several budgetary cycles, so each ini9a9ve s spend/savings impact will affect subsequent total budget available for further ini9a9ves

9 15 min to Invest Wisely

10 Share results

11 Discussion

12 Handouts The Legal Ops Investor

13 Start Example Investments Financial Mgmt. Undefined and ad hoc, using decentralized spreadsheets + Centralized spreadsheets + External spend budgets managed within MM tools + Centralized dashboards for internal and external spend mgmt. Vendor Mgmt. Many firms used Spending widely distributed; no standardiza9on or benchmarks + Par9al consolida9on of firms + Manual rate review on random sample basis + Full consolida9on and systema9c firm selec9on + Centralized rate review + Centralized rate review team with automated tools and benchmarks/analy9cs Tech MS Office and Outdated legal technology tools + MM/e- billing + DMS + E- signature + IP management + Contract management + Knowledge management + Dashboards/analy9cs + EDD + Legal Project Management Comms Ad hoc only Palpable disconnectedness + Basic dept. web portal + Occasional All Hands mtgs. + Comprehensive web portal + Regular All Hands mtgs. + Regular All Hands, including annual offsite Lit Support Default is use of law firms, who control scoping and rate sefng No central KM or repor9ng + Expand in- house team to provide ac9ve lit mgmt. + Core li9ga9on repor9ng + Use internal/specialist providers for all e- discovery + Playbooks by lit type + End to end legal project management Coverage Model In- house teams with all overflow to firms Direct interac9on between legal and business stakeholders + Use of ASPs and targeted law firm staffing model + Intake workflow to triage and traffic work + Use of ASPs for lit/edd + Automated workflow with self- service + Large scale, centralized support from ASPs Data Analy9cs De- centralized ad hoc repor9ng from legal apps + Dashboard for single key app (e.g., MM or e- billing) + Dashboards for each legal app + Centralized dashboards for one stop repor9ng KM Info resides in locally saved files and + Knowledge repositories + Workflow/automa9on + Data capture + Self- service + Machine learning and AI

14 Strategic Planning Founda9onal Create a long- term strategy, aligning yearly goals and corresponding metrics. Under- developed Developing Efficient Best In Class No 9me for strategic planning; fire figh9ng mode No formal goals set or documented for department beyond annual budgets; everyone just keeps their heads down Annual goals set for opera9ons func9on Some level of strategic planning performed and metrics considered Annual goals set; metrics iden9fied and tracked over 9me Alignment with broader law department and corporate goals in fully documented strategic plan Plan is visible within law department and accountability is shared Metrics- driven mul9- year plan in place Full awareness of plan with quarterly reviews rela9ve to goals, including key business clients Planning includes elements of strategy, structure, change management, and culture Plan is 9ed to team member performance objec9ves and has impact on compensa9on

15 Financial Management Founda9onal Manage the departmental budget. Track accruals and forecas9ng. Work with Finance to iden9fy spending trends, poten9al cost savings and efficiency opportuni9es. Under- developed Developing Efficient Best In Class Scope Undefined and ad- hoc Focus on external spend management Focus on internal and external spend Focus on total cost internal, external, seklements, headcount) Budge9ng and Forecas9ng Non- standardized criteria for when budgets and forecasts need to be set Criteria set for which makers require budgets and forecasts Standard process, frequency and dedicated team for external spend Fully comprehensive internal and external budgets and forecasts Technology Individually managed spreadsheets and decentralized tracking Centralized spreadsheets External spend budgets managed within MM tools Centralized dashboard and targets for internal and external spend mgmt. Visibility and Tracking Undefined metrics and lack of access Defined metrics but difficult to gain access Defined metrics and frequent access, but manually generated Defined metrics, frequent access and automated dashboard- driven Iden9fying Opportuni9es Reac9ve analysis and fire ex9nguishing Consistent frequency and scope of macro- analysis Consistent frequency and scope of micro- analysis Automated scorecards and alerts (traffic lights)

16 Vendor Management Create a partner management program to ensure quality outside counsel and vendor support at the right rates and under op9mal fee arrangements. Hold regular business reviews. Nego9ate fee agreements. Drive governance of billing guidelines. Founda9onal Number of Vendors Retained Reten9on Prac9ces Fee Arrangements Rate Review Process Performance Management Under- developed Developing Efficient Best In Class Many firms used; highly distributed spending Unstated criteria for reten9on; siloed decision making Hourly billing with some discounts No standardiza9on or centraliza9on; no benchmark data; rates at TK level No consistent process for communica9ng feedback Fewer major firms; perhaps split Guidelines, approved counsel list Extensive use of discounts, plus some fixed fees and incen9ves Defined 9meline, but allow excep9ons; no tools; some benchmarks Sporadic mee9ngs with vendors to discuss goals and feedback Consolida9on and concentra9on; firms matched with the nature of the work Periodic RFPs and compe99ve bidding Non hourly arrangements consistently considered No excep9ons to defined 9meline, centralized review team; tools used Defined process and cadence to provide feedback and lessons learned Consolidated to core teams that know your business very well at few law firms Preferred Provider Program, historical data used to driven selec9on process Well- defined, data- driven process to iden9fy AFA opportuni9es and measure their success Centralized team u9lizing automated tools to nego9ate using benchmarks/analy9cs Consistent sharing of vendor scorecards, mee9ngs to conducts aper ac9on reviews

17 Technology Support Create a long- term technology roadmap including leading tools and drive high levels of data quality and user adop9on. Founda9onal Technology Roadmap Caliber/ Scope of Tools Quality of Data Level of User Adop9on Under- developed Developing Efficient Best In Class Non existent MS Office and Second 9er legal products no longer/not considered market leaders De- centralized and non standardized tracking of info. Much of it lies in or unstructured forms Most tools only used by support staff Business objec9ves defined and key preferred techs iden9fied + MM/eBilling; SharePoint; esignature; Document Mgmt Most tools are considered among market leaders Defined, but limited, standard tracking elements Limited compliance and completeness; Akorneys using core tools for basic tasks, but opt out of significant usage 3 year plan broken into horizons with effort costs + Integrated MM/ Claims; Legal Hold; IP Mgmt; Contract Mgmt; Knowledge Mgmt; GRC Tools are market leaders Rule- based valida9on of standard informa9on tracking Complete within systems, but not across systems All levels are using core set of tools 5 year strategic map with how tech will support objec9ves with planned effort, costs, convergence and integra9ons + Dashboards/analy9cs; EDD; Intake/Workflow/Self Service; Legal Project Management All tools are market leaders Standard core data across systems Aligned with legal department repor9ng metrics Complete, synched and clear primary sources of records (no issue of redundant data) All level are using tools, leveraging analy9cs, and represented in tech steering commikee

18 Communica9ons Work collabora9vely to create consistent global processes, from on- boarding to regular departmental communica9ons, to sophis9cated all- hands offsites. Advanced Priori9za9on Responsiveness Methods & Cadence Onboarding Under- developed Developing Efficient Best In Class Ad Hoc Completely reac9ve No real connec9on to the team reflec9ng a lack of understanding of the need to address cri9cal company or org changes Ad Hoc only Team feels a lack of clear communica9on from the GC and GC Staff No specific effort by the legal team; reliance on company onboarding Understood as a need Limited priori9za9on Ac9on limited mostly to cri9cal events and then only on an ad hoc basis. Limited considera9on to messaging Regular Irregular All Hands Mee9ngs Basic web portal Team has some sense of key ini9a9ves Limited and Ad Hoc by Region and Office Loca9on Regular considera9on and a priority Apprecia9on of the need and value; Plan mostly based on events rather than part of a strategic plan Regular Regular All Hands Comprehensive portal Irregular All Hands Offsites Standardized across regions with no local Core part of the strategic plan & high priority Plan in place ahead of events. Key messaged 9ed to goals, strategy and mission/vision Immediate ability to respond to cri9cal company or dept. events Weekly Chalk Talks Comprehensive Web Portal Monthly or Qtrly All Hands Annual Legal All Hands Offsite Team feels fully informed & can speak to key corp & legal goals Standardized Global Onboarding Processes specific to legal w regional varia9ons

19 Professional Development and Team Building Deliver improved GC Staff and overall team performance by globalizing the team and crea9ng a culture of growth, development, collabora9on and accountability. Advanced Roles and Leveling Management Focus on Career Development Under- developed Developing Efficient Best In Class Tied to corporate structure only; no dept. level defini9ons Ad hoc. Not seen as a priority Basic outlines of roles for senior akorney posi9ons only; rarely used by legal Developing guidelines and used for senior akorney roles; No apprecia9on for the power of tools and HR instruments Well defined roles with considera9on across dept used for promo9ons All levels of legal mgmt. leverage tools and par9cipate in dept. planning Part of dept. planning Clearly defined by level and role; used by mgmt. during annual review and promo9ons; team sees correla9on to promos and reviews Leverage mentoring Leverages clear succession plans Uses clear consistent feedback Core to dept. culture Organiza9onal Structure None or Ad Hoc changes made to retain talent. Org structure has odd roles and 9tles used to retain talent at various 9mes Limited use of org structure to create cross- training and other prof development opportuni9es Clear focus with some effort to leverage structure Clear focus with extensive use of matrix and other structures where appropriate Tools & HR Instruments No use of Myers Briggs, TKI, 5 Dysfunc9ons or other tools; failure to acknowledge the need Use of tools and instruments for GC Staff only Use by GC Staff and other managers; work with HR to iden9fy key tools Used broadly across the dept. to drive op9mal team performance as needed Part of common language

20 Cross- Func9onal Alignment Advanced Create and drive rela9onships with other key company func9ons, such as HR, IT, Finance and Workplace Resources. Represent the Legal organiza9on in industry groups. Under- developed Developing Efficient Best In Class Influence None or limited Interac9ons are on an as needed basis with no real alignment Basic rela9onships w Finance and IT support very basic dept. needs HR & REW rela9onships address issues real 9me but w/o any favors Basic alignment Strong rela9onships support day- to- day opera9ons, especially in IT, Finance & HR Support from partner is reac9ve rather than proac9ve Able to leverage partners to drive legal dept. strategy Other func9ons come to legal ops with informa9on in advance of ac9vi9es Receive special favors Partners help drive strategy Extent of the Rela9onship None or limited No real understanding of the value of internal 9es to other key func9ons. Has some understanding of the need No dedicated legal team contact or ad hoc/ rota9onal assignments not including legal ops Legal Ops owns the rela9onships and has developed them at a basic level Meets regularly with Finance and has solid rela9onships with IT and HR Has basic 9es to key Exec Staff EAs Legal ops leader has deep rela9onships with all x- func9onal teams, esp. finance, IT, HR and REW, & security, comms, and other HQ and client group leads and Exec Staff EAs Legal ops x- func9onal connec9ons serve as an early warning system

21 Li9ga9on Support Support e- discovery, legal hold, document review. Advanced Coverage Resourcing Cost Control Opera9ons & Infrastructure Technology Under- developed Reac9ve teams managing li9ga9on Default to use of law firms Law firm driven scoping and rate sefng No central KM plaporm or repor9ng or processes Legal holds managed via and MS Office Developing Efficient Best In Class Legal support to business to establish compliance frameworks In- house team grown to provide proac9ve li9ga9on management and oversight of law firm s use of vendors/ staffing Role for Lit/EDD PM In- house driven scoping of li9ga9on strategy Demand firms present alterna9ve pricing or solu9ons Core li9ga9on repor9ng established Data reten9on, legal hold, and data destruc9on policies e- Discovery and legal hold plaporms in place Proac9ve post- Li9ga9on reviews to improve opera9onal risk mgmt. Mature use of li9ga9on alterna9ves Use of law firms aligned to li9ga9on risk Send all e- Discovery to internal/ specialist providers Use of AFAs for major li9ga9on; Formal budge9ng; consistent invoice review; Billing rules drive KM across en9re legal ecosystem Playbooks established for different li9ga9on types; Formal tools for budge9ng; Central repository of briefs, pleadings and research Experimenta9on with machine learning; Legal project management tools used internally Advocacy to shape external agenda Legal have proac9ve role in Informa9on governance agenda Full use of alterna9ve providers for non- advisory (EDD, med legal, court repor9ng) External counsel integrated with each other and in- house team Analy9cs support instruc9on decisions and law firm staffing models End to end legal project management method defined and used Machine learning e- Discovery widely used LPM tools mandated externally

22 Data Analy9cs Mature Collect and analyze relevant data from department tools and industry sources, define objec9ves to provide metrics and dashboards, that drive efficiencies and op9mize spend, etc. Under- developed Developing Efficient Best In Class Analysis of Departmental Data Undefined scope of metrics and/or performance measures Defined set of metrics and performance measures Quarterly genera9on and review of departmental metrics Automated and real- 9me visibility into key metrics / variance Analysis of Industry Data No access to industry data Access into general departmental surveys Access into peer aligned departmental surveys Access into area- specific analy9cs and benchmarking (spend, contracts, IP, e- discovery, etc.) Dynamic Dashboards Ad- hoc and de- centralized repor9ng from legal applica9ons Robust dashboards for a single legal applica9on (likely MM/e- Billing first) Robust dashboards for each legal applica9on Automated and centralized single- point of repor9ng across the department Data- Driven Decision Making Re- ac9ve request and analysis of informa9on relevant to the work Established knowledge bank or data with manual search Established analy9cs plaporm boas9ng relevant metrics Integrated data recommenda9ons based on work at hand

23 Coverage Model Drive departmental efficiency by appropriately matching the nature and risk of the work with the right level and type of resources; be that internal, outside counsel, or managed services, LPOs, and other service providers. Mature Demand Management Coverage Resource Alloca9on Use of Alterna9ve Service Providers Under- developed Developing Efficient Best In Class Direct business stakeholder to legal interac9on Inconsistent legal responsibili9es for various types of work Inhouse teams and overflow to outside counsel Non- existent SharePoint accessible matrix to assist who to call for what Legal partners with business & suppor9ng func9ons to develop clear governance, processes, and risk standards Targeted law firm staffing model and targets for various major areas of work (focus on external resource alloca9on) Use of secondees for specific individual gaps and/or large low complexity projects Intake workflow or legal front gate to triage work to appropriate party More proac9ve engagement with the business and alignment based on type and loca9on Alloca9on of tasks to appropriate level of internal resource; considera9on of alterna9ve providers; OC used for exper9se Strategic use of ASPs for li9ga9on and/or EDD Automated workflow & intake, including self- service & auto- assignment based on coverage, type, complexity Fully collabora9ve partnership, accessibility & interac9on points depending on type/ complexity of work Business self serve where appropriate, legal manages excep9ons/ bespoke makers extensive use of paralegals and ecosystem of alterna9ve providers Centralized and strategic use of ASP powered centers for contracts, due diligence, IP, compliance and legal ops

24 Knowledge Management Enable efficiencies by crea9ng seamless access to legal and department ins9tu9onal knowledge through the organiza9on and centraliza9on of key templates, policies, processes, memos, and other learnings. Mature People Under- developed Developing Efficient Best In Class No resources with KM included in responsibili9es Por9on of someone s role includes KM expecta9ons Dedicated resource to drive KM culture Dedicated team driving KM best prac9ces and ac9vely publicizing lessons learned Processes No formal process to capture and reuse knowledge Basic expecta9ons communica9on around use of KM tools Clearly defined and documented expecta9ons for work product reuse Consistent communica9on around new content Ac9ve process to iden9fy, capture, and publicize best prac9ce materials and content KM update is agenda point in all key items for proac9ve KM Technology Driven by spreadsheets and word processing tools, i.e. and MS Office Central open access knowledge repositories with limited self service or categories End to end tools fully embedded to facilitate workflow, escala9ons and data capture; Extensive self- service tools Machine learning & AI capabili9es to drive further efficiency & improvements w/ robust workflow and KM system linking all members of ecosystem

25 Global Data Governance / Records Management Create a records management program including a record reten9on schedule, policies and processes. Mature Under- developed Developing Efficient Best In Class People Records Management resources focused on file room maintenance No informa9on governance resources Someone has responsibility for Informa9on Governance but not a formal 9tle Informa9on Governance lead with visibility across law department and company Records and Informa9on Governance team with senior representa9on in law department and across company Processes No defined records processes outside of Reten9on Schedule Data governance processes defined but no accountability for implementa9on Processes defined and implemented Monitoring for compliance Thorough data classifica9on, governance, and disposi9on process Fully enforced through technology and management oversight Technology Basic file management system in place Automated enforcement of reten9on schedule Advanced tools for both records reten9on and archiving Leading edge technology for informa9on governance and records reten9on; integrated with all relevant legal systems for automated disposi9on