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Legal
is a Manageable Expense
There are fundamentals to managing any professional service:
communicated expectations (policy) on what is and is not billable,
agreement on acceptable rates and expense reimbursements, a means to
monitor timekeeper activities and extent of compliance with your
policy and a means to identify areas for improvement - to be reflected
in future policy.
To establish policy you need norms and standards to base expectations
upon. For legal services these norms and standards can be found within
the American Bar Association’s Model Rules of Professional Conduct (MRPC)
and its significant case history, negotiated terms and conditions, and
your organization’s established business norms. The MRPC speaks to the
business relationship of attorneys and clients, its case history has
established that business norms apply to the profession of law. This
means expectations in the business relationship between the law firm
and their clients are the same as with other non-legal professional
services.
Beyond policy, to effectively manage a service you need a means to
account for time and dollars spent and a means to categorize
activities for analysis and comparison. For legal this means is found
again with the American Bar Association. The American Bar Association,
in collaboration with Price Waterhouse and corporate counsel,
established a system of accounting codes to categorize and label legal
activity. By “tagging” activities and tasks of the timekeeper, you are
able to group costs and time spent on identifiable actions. This
allows you to analyze time and cost spent on a particular activity and
establishes the basis for greater comparative analysis of two or more
firms, allowing you to benchmark services and identify best practice.
The keys to managing the business relationship with the service
provider is to establish and communicate policy on billable
activities, monitor their compliance with established policy, analyze
their fiscal and practice activities for effectiveness and adjustments
to policy. This can easily be accomplished within the business of law,
without disrupting the special relationship with outside counsel or
negatively affecting outcome.
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