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CCCA_V4No3_ManagingCosts-FIN.qxd:CCCA_V1No1_DriversSeat-FIN.qxd 9/2/10 12:34 PM Page 24 Feature David J. Stanford Managing Counsel, Downstream Shell Canada Ltd. Calgary “The time an in-house counsel spends staying up-to-date on internal drivers allows him or her to effectively manage external counsel when it’s necessary to go outside.” Determine the type of work your legal department is going to need Based in Calgary, where he oversees a team of 11 lawyers across on a regular basis. In my opinion, it is that type of work that you Shell’s Calgary, Toronto and Montreal offices, Stanford feels that need to concentrate your efforts on in terms of cost reduction.” cost pressures will continue to be a real issue. As an example, for some companies, such as Imperial Tobacco, That means planning ahead for your organization’s short, medi- litigation is the biggest long-term need, says McCarty, who heads um and long-term needs. And, with a possible few, well-under- a team of 10 lawyers. stood exceptions,external counsel should only be engaged through “When you are faced with country-wide litigation you need to the legal department. find a way not to retry the same issues in every province or retrain Stanford’s key piece of advice in managing external counsel costs lawyers in every province about the issues.This definitely means is “to keep your powder dry.” This means “go out [to external you have to put together a team that can work across the country,” counsel] only when and if necessary” and then “properly instruct he says. and manage” your external counsel arrangements. “Whether the team comes from one law firm or two or three is Reflecting back on his early years in-house, Stanford says that not the issue; sometimes that team will have experts from different “what surprised me after 14 years in private practice was how lit- law firms who work together.” tle I actually understood of the in-house world. [I didn’t fully appreciate] how much in-house counsel could filter, the reality of Keep your powder dry how much in-house counsel could remove the need for actually Through forward planning, be prepared for your legal needs and having to retain external counsel, how a good in-house counsel MARNIE BURHART, JAZHART STUDIOS don't deploy your external counsel resources until and unless could pay for themselves many times over,” he says. required.That’s the advice of David J. Stanford, managing coun- In terms of the value of in-house counsel, Stanford continues: sel, Downstream, Shell Canada Limited. “A good in-house counsel can mitigate a whole lot of otherwise 24 CCCA Canadian Corporate Counsel Association FALL 2010