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Articles Posted in Outside Counsel

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Wal-Mart to require outside law firms to have flextime policies – over-reaching?

The National Law Journal reports a new requirement from Wal-Mart’s legal group on its outside counsel. “Law firms must have flextime policies if they want to do legal work for Wal-Mart.” Associate general counsel Joseph West told an audience at the annual meeting of the Association of Corporate Counsel in…

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How to push good faith efforts by in-house lawyers to do a decent job on law firm evaluations

As with tracking time, entering data into matter management systems and capturing know-how, in-house lawyers see very little benefit to themselves, individually, for their administrative effort of evaluating law firms. They know who they like and don’t like and the rest is a time sponge with no redeeming benefit. Slacking…

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How can matter management systems average an ROI of 36% of outside counsel spend?

“Average reported savings from using matter management systems were 36.8% of outside legal spending.” Incredible, and not to be believed. The claim comes from the 2008 ACC/Serengeti Managing Outside Counsel Survey, which obtained survey responses from hundreds of ACC-member law departments. I have twice before challenged similar claims drawn from…

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A choice for evaluations of law firms: by passage of time, at conclusion of major matters, or a mix

Those legal departments whose attorneys grade law firms most commonly do the exercise every six months or once a year. As an alternative choice, departments can follow a policy of evaluations when major matters end. My objection to semi-annual or annual reviews comes down to mélange. Everything that happens during…

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Do you know enough to know when you don’t know enough and ought to retain outside counsel?

“Am I competent to handle this problem or should I check with outside counsel?” Regrettably, some in-house counsel choose poorly. More regrettably, the less competent lawyers choose the most poorly. “When we lack a particular skill we not only overestimate our capabilities, but we are also blissfully ignorant of our…

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Twists and turns when general counsel measure the accuracy of law firm budgets for matters

“Comparing individual law firms’ forecasts against the company’s actual spend with those firms is a useful key performance indicator.” That belief – matter budgets compared to actuals tell something – comes from an article in the Practical Law J., Vol. 1, Nov. 2009 at 70, about the 100-lawyer department of…

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The improvidence of a separate group that only audits and reviews bills

Some large law departments have set up teams whose job it is to review bills of outside counsel. I don’t favor that approach. First, anything a team can do should be something e-billing software can do, such as checking for arithmetic mistakes, mis-billings, staffing infractions, and violations of guidelines. Second,…