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How to build a legal team strategy

Practical Law UK Practice Note w-011-4345 (Approx. 5 pages)

How to build a legal team strategy

This note explains how to create a legal team strategy that supports your organisation and assists your own and your team members' personal development.
Businesses change constantly and therefore you need to devise a strategy that is sufficiently flexible to enable you to deliver the legal services your organisation requires and to allow you and your individual team members to fulfil their career aspirations. In-house lawyers have a duty to ensure organisations understand the level of legal risk inherent in their activity and to enable accountable staff to make informed decisions at the right level of seniority. They are also tasked with keeping risks at tolerance through contracts, advice and training.

Keeping risks at tolerance

The first step is to understand what activities the organisation undertakes, its future plans, where it operates, and which business activities are likely to have the biggest impact on the organisation if they were to go wrong. Often it's the small things that cause the biggest problems.
Next, consider how laws and regulations will affect those activities and plans. Think about how important and unpredictable those laws and regulations are and which, if any, are outside the team's remit. If you ever feel a law is beyond your scope, for example, due to reasons of geography or specialism, make sure that you take appropriate external advice. The final step is to create a legal risk heat map that acts as a framework for visualising the interaction between:
  • Legal and business issues of high importance.
  • Fast-changing business activities and areas of law.
  • Business functions most affected by complex, fast changing and punitive laws (from a corporate perspective and for individual employees).
  • Slow-moving, predictable functions with lower levels of risk.
A legal risk heat map can help inform discussions about an organisation's appetite for legal risk. Consider direct costs (such as your legal team and supplier costs) and indirect costs (such as restrictions in business activity and the expenses related to compliance activity across the organisation). For further information, see Practice note, How to set organisational risk appetite.

Delivering effective contracts, advice and training

The factors to think about here are your:
  • Organisation's structure and business model.
  • Organisation's products and services.
  • Organisation's risk appetite (bearing in mind that stated appetite and actual appetite shown by actions may differ).
  • Skills, motivations and career aspirations.
It is important to remember that your work must serve your personal objectives, as well as those of your organisation and your team. Your strategy should therefore aim to deliver benefits to all three of these stakeholder groups. Your biggest decisions will probably revolve around two questions: how should we be doing what we are supposed to be doing, and how do we get from where we are now to where we need to be?
Aim to answer these questions in that order, and then check that your short and long-term plans make sense and are achievable. Be prepared to work with things that are beyond your control, for example, where the organisation is in a heavily regulated sector and must comply with regulatory requirements. You may also have to fit in with internal constraints, such as corporate locations and group structures.

Key questions to consider when shaping the team's long-term strategy

Some of the big questions to ask yourself as you shape your team's long-term strategy include:
  • What work to keep in-house and what to outsource. You may decide by criteria (such as cost, subject area or geography) or by level of complexity or specialism.
  • How to use the legal resources available to you. Whether to use temporary staff (paying premium fees in return for flexibility), legal managed services providers, conventional law firms or to hire and develop permanent staff members.
  • Whether to centralise or decentralise your team. Centralisation can create challenges associated with a lack of local knowledge and business engagement. Decentralisation can create reporting line challenges and issues around the career prospects of your team members.
  • Centralised or decentralised external spend commissioning control or a hybrid approach? For example, could HR deal with employment law, while your team handles all the other legal work?
  • Being a reactive advice provider only is no longer acceptable. How can you and the legal team become a strategic contributor to the business and internal stakeholders?
  • Is the business partner model, where individual lawyers lead in the support of client groups, most suitable or would a pooled resource model work better?
  • Would regular team rotation or development of specialist roles help balance the needs of the organisation and your team's personal development? Giving lawyers experience in a range of client-facing, business partner, subject matter and legal team operations roles by moving them every two to four years will give them well-rounded skills and experience. Development of specialist roles, on the other hand, assures sector or industry expertise, with the possible dangers of key person risk and retention challenges.
  • Is hiring top performers at the risk of higher churn rates a better bet than recruiting moderate, yet longer-term performers and committing to greater people management? The answer may vary by legal area or geography. For example, you may opt for the former to lead the legal team for a high-risk, high-growth start-up division and the latter for a regional legal head in a small, stable division.
  • What role is technology going to play in the legal team's longer-term strategy? Workflow and document management platforms are now a minimum you should consider. Is there a business case to be made for contract automation or, for dispute resolution-heavy corporates, AI-based document recognition systems? To what degree are you going to require your external legal services providers to align with your business' own platforms? For further information, see Practice note, Demystifying legal technology.
  • Would you prefer to empower clients to take accountable ownership of delivering advice and training to their teams directly, for instance, in contract negotiation and management, or would you like to do it yourself? The DIY approach is suitable in a small business but is difficult to scale up as an organisation grows.
  • Are you happy to run the legal department for the rest of your career or do you aspire to become a CEO?
Thinking long and hard about these questions will help you plot how you get from your current position to where you need to be. It will also help you identify how your new legal team strategy will affect other teams and departments in the organisation. You may need to build a compelling sales pitch to get their enthusiastic buy-in.
The Centre for Legal Leadership provides education, coaching, mentoring and related career support services for in-house leaders to get the best performance from themselves and their teams.
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