In today’s dynamic legal landscape, in-house counsel face the challenge of managing external legal resources efficiently and effectively. With legal matters becoming increasingly complex, it’s crucial to have a strategic approach to selecting, evaluating, and optimizing your relationship with outside counsel. This short video and guide will outline valuable insights frum Alex Gertsburg, CEO of CoverMySix and co-managing partner of Gertsburg Licata, on how to enhance your outside counsel selection process and ensure optimal performance while managing costs.
- Embrace Transparency from the Start
Gertsburg emphasizes the importance of proactive communication and transparency. He suggests initiating the process with a Request for Proposal (RFP) that includes specific questions about billing structures, staffing plans, and overall strategy. By setting clear expectations from the beginning, you can avoid surprises and ensure alignment between your legal needs and the services provided.
- Define Your Expectations Clearly
Gertsburg recommends creating comprehensive outside counsel guidelines that outline your expectations in detail. These guidelines should cover essential aspects such as:
Proactive Communication: Regular updates and complete transparency on all communications and documents related to the matter.
Upfront Litigation Plan: A detailed plan outlining the legal strategy, ensuring alignment between your objectives and the counsel’s approach.
Budgeting: Clear budgeting guidelines with strict approval processes to prevent cost overruns without prior consent.
Staffing Requirements: Specific criteria for the expertise level of attorneys and staff assigned to your matters, ensuring you get the right skill set for the task.
Invoice Transparency: Detailed guidelines on how invoices should be structured, avoiding unexpected charges and ensuring a clear breakdown of services provided.
- Quality Over Quantity
Gertsburg advocates for assigning the right level of attorney or staff member to the appropriate tasks. Avoid unnecessary expenses by ensuring that senior lawyers focus on high-level legal work while junior lawyers and paralegals handle tasks suited to their expertise. By clearly defining what tasks can be billed and what cannot, you maintain control over your legal expenses.
- Emphasize Strategy and Efficiency
Encourage outside counsel to develop a comprehensive strategy upfront rather than improvising as the case progresses. This strategic approach enhances efficiency, predictability, and ultimately, the quality of legal services provided. By requiring counsel to present a detailed strategy at the outset, you ensure that your legal objectives are understood and met effectively.
- Empower Yourself with Knowledge
In-house counsel play a vital role in ensuring that the organization receives exceptional legal services while managing costs responsibly. By implementing these proactive strategies and guidelines, you empower yourself to make well-informed decisions, providing the best legal support for your company’s needs.
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By embracing transparency, setting clear expectations, prioritizing quality, emphasizing strategy, and empowering yourself with knowledge, you can transform your approach to outside counsel selection, performance, and spending. Implementing these insights will not only enhance the efficiency of your legal operations but also contribute significantly to the overall success of your organization.
Alex Gertsburg is a Managing Partner at Gertsburg Licata, with over 20 years of legal expertise, specializing in litigation, corporate law, mergers & acquisitions, auto dealerships, and trade secrets/unfair competition. He previously served as the inaugural General Counsel for Broadvox, overseeing legal matters ranging from corporate restructuring to high-stakes litigation. Mr. Gertsburg’s pragmatic approach emphasizes practical and cost-effective solutions. Passionate about mentoring entrepreneurs and history, he can be reached at [email protected] or (216) 573-6000×7775.
This article is for informational purposes only. It is merely intended to provide a very general overview of program offerings. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
© 2023 Gertsburg Licata Co., LPA
