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CCCA_V5No4_Dept-Performance-FIN_CCCA_V5No3_Dept-Performance-V1.qxd 11/20/11 9:37 PM Page 11 Performance in the law department 10 per cent through in-sourcing, and learn about is a partner with Catalyst Consulting. The bundling routine work for fixed fees, its coverage and firm has been designated the Preferred set rates and partner / non-partner content. Provider for Legal Department Consulting ratios and by reconfiguring law firm by the Canadian Corporate Counsel work teams. Richard G. Stock, Association. Richard can be reached at (416) 2. Consider concentrating 80 per cent — M.A., FCIS, CMC 367-4447 or at rstock@catalystlegal.com. 90 per cent of external legal work with two law firms for maximum relation- ship, professional and economic benefit. 3. Move beyond creating a panel list to CHOOSE FROM CANADA’S TOP making commitments to law firms for MEDIATORS AND ARBITRATORS planned, multi-year configuration and volume of work. The commitments would not be guarantees, but should be relied upon for planning and pricing pur- poses by the department and its law firms. When law firms can count on you, they will offer further relationship improve- ments, value-added benefits, and savings. 4. Tell your primary firms what they will be evaluated against. Discuss the results with them quarterly. What gets meas- ured gets done. Monitor and celebrate improvements. 5. Prepare multi-year terms of engagement with your primary firms. These should cover capabilities, performance stan- dards, work type, volumes, price and non-chargeable services. They should also set out what the firms should expect from the legal department. Obtain sam- ple terms of engagement from other Donald J. Barry Leon legal departments. Wright, Q.C. is a leading arbitrator and 6. Increase the use of fixed fee arrange- mediator, Chair of ICC Canada, ments by matter or by phase of matter provides mediation and recognized by Global Arbitration to help control external legal costs. arbitration services for a wide Review 100 (“one of Canada’s variety of commercial litigation most high-profile arbitration 7. Require detailed matter budgets. A total matters including Intellectual practitioners”), International maximum cost per matter does not Property. Don’s 40 years of Mediation Institute, Lexpert/ allow an analysis of the proposed distri- legal experience gives him a American Lawyer, Chambers bution of work within a firm. If based broad perspective and a depth Global, PLC, Legal 500, on hourly rates, budgets should show of understanding of conflict International Who’s Who, Best the number of hours by fee earner for resolution. Lawyers in Canada, and Who’s all matters with more than 25 planned Who Legal. He is available in Toronto and Ottawa. hours. For alternative billing, seek budgets (or fixed price quotes) for all matters anticipated to exceed $ 10,000. 8. Persuade your primary firms to adopt adrchambers.com LPM methodologies for all complex 1.800.856.5154 legal work. Ask to see their technology HIVER 2011 CCCA Canadian Corporate Counsel Association 11