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CCCA_V2No2_BackPg-FIN.qxd:CCCA_V1No2_BackPg-V1.qxd 4/30/08 3:27 PM Page 58 Closing The Deal You get what you deserve Many in-house counsel merely tolerate service levels of outside counsel. here are many occasions where you are That protocol will then be communicat- organization to explore how technology Tresponsible for selecting, instructing ed to every professional and staff member could be employed for cost savings and and supervising outside counsel.You know serving our organization. to our mutual advantage. that you need to select the very best coun- • We expect you to staff our legal matters • You will provide us with a monthly sel, lawyers who add value not just by with those lawyers having the legal expert- overview of all pending matters and being good legal technicians, but who can ise and experience appropriate to the their status and progress (preferred day constructively help apply the law to your nature and complexity of our matter, but of the month to be discussed). real world business needs. never to overstaff the matter or use it as a • At the conclusion of all major matters, Of course, that requires outside lawyers training ground for inexperienced juniors. we will expect your lawyers to conduct who understand your business and are capa- • With each new matter,we will invite you to a post-mortem process wherein you ana- ble of providing exceptional service.But sur- identify alternatives to billing on an hourly lyze the file and brief us on what preven- veys of in-house counsel continue to reveal basis, such as a blended rate, contingent fee, tative actions can be taken and what can that for the most part,you merely tolerate the fixed fee,retainer agreement or discount for be learned with respect to: service levels of outside counsel and that few an agreed upon volume of work. - future impacts of current business in-house counsel are truly satisfied clients. • At least once per year, we will expect practices, So how do you, as in-house counsel, you to schedule some non-billable, off- - ways to avoid litigation and liability,and find the means to bring about a reversal of site meeting time with our legal depart- - ways to accelerate the closing of deals any dissatisfaction with outside counsel? ment to brainstorm about our business and transactions. Quite simply, you need to help your and what is “keeping us awake at night.” external lawyers truly understand what • You will make every effort to understand Step Two: Communicate in writing to you want. Imagine this scenario: our business,our industry and the compet- your outside law firms which of these itive market in which we operate.To that actions correspond with your wishes, and Step One: Identify, from the list below, end,you will,without fee,read and review inform the firms that you will be measuring those actions that you expect your outside our organization’s strategic plan, organiza- their performance based on these criteria. counsel to deliver upon if they wish to tional chart, management policies, and any continue receiving your work. pertinent clippings from trade publications You may be dealing with lawyers who • On every major matter (and we can that we choose to share with you. genuinely believe that they meet your determine together what constitutes • You will regularly initiate an appointment needs. But if your perception differs from “major”), we will identify three ways in to solicit specific feedback from our legal that of your primary legal service which you can add more value, beyond department mid-way through a major providers, you have two options.You con- simply doing the legal work. matter, when the feedback might be of tinue to tolerate the level of service you • You will prepare a written budget or real value to enhancing both the work are receiving (and get what you deserve), estimate of your fees, including a break- product outcome and our expectations. or you take proactive measures to outline down for each phase of the work on • Working together, you will allow us to for your outside counsel precisely what major matters. design the format of our invoices by your expectations are. • We will determine with you, in writing, showing us a menu of options, offering a simple “Preferred Communications alternatives, and inviting us to design Patrick J.McKenna (www.patrickmckenna.com) Protocol” laying out under what circum- something that meets our needs for is a principal in Edge International (www.edge.ai) stances we would prefer a face-to-face transparency, clarity, and detail. and since 1983 has worked exclusively serving meeting, versus a telephone conversation, • We will expect your IT people to the legal profession in matters of strategy and prac- e-mail or other mode of communication. approach their counterparts within our tice management. 58 CCCA Canadian Corporate Counsel Association SUMMER 2008