Ask any general counsel what keeps them up at night regarding outside counsel management, what frustrates them, or what makes them want to fire a firm. You’re likely to get some variation on this: unmet expectations.
General counsels are working in a fast-paced world of change, with increasing regulatory complexity and compliance challenges, focus on risk management, and ever-present cost constraints. They want efficient, dependable service from their outside attorneys – and they don’t always feel like they are getting that.
HERE ARE A FEW OF THE SERVICE AREAS AND CHARACTERISTICS THEY VIEW AS MOST IMPORTANT FOR OUTSIDE COUNSEL TO DEMONSTRATE:
- Be responsive. Being attentive and available at a moment’s notice — or at least within several hours — and excited about the opportunity to serve shouldn’t fade away after the contract is signed.
- Respect the budget. The budget is there for a reason. Discuss anticipated departures from the agreed-upon plan as soon as feasible. In billing, accuracy, transparency, and compliance with guidelines are expected and critical to working relationships. Inevitably, there are times when the scope increases and the staffing for outside counsel must expand to accommodate the new requirements. But that shouldn’t mean that there will be an unpleasant surprise waiting to be sprung months down the road: Timely communication can allow for a discussion of developments and restructuring expectations regarding staffing and billing.
- Understanding the business. General counsel expects outside attorneys working for them will know the industry, its complexities, culture, and current trends.
- Utilizing technology. Outside counsel should be comfortable using basic technology and proficient at leveraging the latest developments to provide the most efficient, effective service they can per billable hour.
- Be fair, ethical, and responsible. Staff the work appropriately and don’t try to milk a project for more than it is worth.
- Make it a good relationship. This is less important for a one-off project. Still, it is impossible to undervalue the benefits of a long-term, productive professional relationship of trust and mutual respect.
HOW BEST TO HELP THE RELATIONSHIP FLOURISH AND HANDLE THE TASK OF OUTSIDE COUNSEL MANAGEMENT? HERE ARE THREE KEY WAYS:
- Communication. It’s a simple concept that is sometimes difficult to execute. Nevertheless, it is a critical investment in time and effort; too often, a simple lack of communication or a missed message leads to a major problem easily avoided or more effectively managed with a timely phone call. And remember, the phone works both ways — it’s not entirely the responsibility of the general counsel or the outside firm to initiate conversations.
- Technology. As mentioned earlier, leveraging technology is essential for outside counsel to deliver state-of-the-art efficiency. It’s also a way for general counsel to manage the relationship, through real-time e-billing monitoring and collaboration software, for example. It’s a sensible way to track current projects and leverage information to make informed decisions in the future.
- Mutual respect. If outside counsel is performing admirably, saving money and/or producing exceptional results, they need to be applauded (or rewarded) and, over time, given the appropriate display of earned trust. Similarly, outside counsel should conduct business as if their purse strings were controlling the budget and that the client’s success is their ultimate goal.
Communication and mutual respect are a matter of professional behavior. On the technology front, if you’re a little behind the times, Onit’s European legal spend management solution BusyLamp eBilling.Space can show you how software can be a key team player in collaboration, efficient operations, compliance, and outside counsel management.
