Workflow and Workload in Legal Departments

The article reports on the findings of the 2010 ACLA - CLANZ Legal Department Benchmarking Report.
The most pressing issue for legal departments, by a factor of 2, is workloads/time pressures. There is little evidence of demand forecasting, of usage protocols for the legal department, and of the practice management skills needed to generate capacity in the department
On a different note, the article shares research findings regarding low success rates in achieving reductions in external legal spend and in the use of non-hourly fee arrangements.

"Timekeeping Revisited"
ACLA Journal, Vol 19, no 4 Winter 2009

Approximately 20% of legal departments record time. The figure is a bit higher in the public sector and lower in the private sector. The article puts forward the elements making up the value proposition in legal services : quality (service and results) plus price. Timekeeping for legal departments is available as one of several project management tools to help General Counsel develop a reliable estimate of the cost of legal services, even though the question rarely comes up when the service and results are great, measured and reported.

"Workloads and Workflows in Large Canadian Departments "
CCCA Magazine, Vol 3, No 3, Fall 2009

The article summarizes the findings of a survey of 11 large law departments. All control the work referred to external counsel. Only half reported written protocols in place for work intake to their departments. Only two departments have formal service standards in place. The survey found some law departments use a variety of measures to reduce the demand on their services from internal users. Nine of the 11 have dedicated litigation management resources in place. Almost all believe that the time they invest in managing relationships with external counsel is appropriate. Seven of 9 said they use 1 - 4 firms to do 80% of their external legal work. General Counsel emphasized that healthy communications are the best way to balance workflows and workloads in the department.

"Workloads and Workflows in the Legal Department "
(with Joel Barolsky)
CCCA Magazine Vol 2, No 3, Fall 2008
ACLA Journal, Vol 18, No 3 Sept 2008

Several structural and operational facts of life can add (or reduce) 20 % to the workload of a legal department. These include service level agreements, time management practices, the number of law firms retained, a capable legal assistant, the proportion of non-legal work done in the department, the use of contract lawyers, the effectiveness of meetings with users, and a seat at the executive table. Managing workflow addresses workload issues.

"Managing Workloads and Workflows in the Legal Department"

Lexpert, Vol 9, No 10, September 2008

A great deal of time spent by corporate legal departments is not "legal work" as such. Some of it is business advisory, operational support, training, special projects, and strategic work. The article discusses backlogs, time management, the optimal number of law firms, and ways to better anticipate demand for services from business units.

"Complex Work in Legal departments"
Lexpert, June 2005

A multi-year forecast of the demand for legal services does much more than support the corporate budget process. The real benefit is the dialogue and integration of the legal department with the business unit. This helps manage and exceed expectations. It then becomes possible to categorize work by complexity and decide how best to deploy legal service teams from the department and from outside counsel.

"Best Practices for Partnering Between Corporate Counsel and Law Firms"
Report to Legal Management, September 2002

Law firms seldom take the initiative to migrate beyond pricing initiatives and service programs. However, some have formalized long-term partnering programs with key clients. This requires a willing client, a lot of unbillable time, and steadily improving data.