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Legally Optimistic 
A study on legal departments and legal department operations
1 
Legal Department Survey Executive Summary 
 Legal departments are feeling more optimistic. While the survey asked questions about legal department goals and 
challenges, it also explored general sentiment. Overall (70%), corporate legal departments say this year has been 
better as compared to the previously year. 
 Top legal department goal is reducing outside counsel spend. Reducing outside counsel spend is the top goal for 
corporate legal departments identified in the survey (61%). Rounding out the top five: Proving value to the business 
(60%); predicting legal outcomes (48%); automating legal processes (43%); and forecast legal budgets (37%). 
 Corporate legal departments plan to bring more work in-house. 54% of legal departments plan to manage outside 
counsel spend by bringing more work in-house. Other top means included increasing the usage of AFAs (32%); 
developing billing guidelines and rules (30%); consolidate legal work with fewer firms (21%); and implement a matter 
management system (21%). 
 Top challenges: improving operational efficiency vs. regulatory compliance. The survey found not one, but two 
top challenges facing legal departments. 61% of respondents selected both improving operational efficiency and 
meeting regulatory and compliance requirements amid a list of common challenges which put these two on parity. 
 Legal department budget and staffing mostly flat. The vast majority of respondents – in both cases more than 
50% – say legal department budgets will remain flat. However there does appear to be an upside – more than 30% of 
respondents expect both budgets and staffing to increase over the next 12 months. Notably, 37% of legal departments 
say they plan to invest more in technology. 
 The top legal department KPI: forecast to actual spend. Comparing the budget forecast to actual spend (56%) is 
the top key performance indicator (KPI) that legal departments say they track. Other KPIs included: year-to-date (YTD) 
outside legal spend vs. prior year (47%); legal expenses as a percentage of revenue (35%); total expense for all 
settlements and awards (32%); and total legal spend as a percentage of revenue (22%). 
 Relationships matter – relationships the top factor in selecting outside counsel. Corporate legal departments 
said an “existing relationship” with outside counsel was the most important factor in choosing legal service providers. 
Law firm diversity and technology savvy ranked last on a list of possible metrics.
2 
Legal Departments are Feeling Optimistic 
70% of legal departments surveyed say this year has been better than the last year 
Legal Department Optimism 
Despite audacious goals and challenges, 
the mood of legal departments overall 
(70%) is upbeat. Additional anecdotal 
responses to this question provide some 
indication as to why: 
• The business is having a good year – 
which means the legal department is 
having a good year. 
• Businesses are asking for legal 
counsel before matters become 
problems. 
• The legal department has seen an 
increase the number of large cases 
settled this year.
3 
Top Legal Department Goals 
61% say reducing outside counsel spend is currently the top legal department goal 
Top 5 Legal Department Goals: 
1. Reduce outside counsel spend 
2. Prove value to the business 
3. Predict legal outcomes 
4. Automate legal processes 
5. Forecast legal budgets 
Amid the current legal climate the results 
shown nearby are not a surprise. 
However, these do underscore and 
important trend: it’s not enough to 
merely be an effective corporate lawyer. 
Today effective corporate attorneys are 
charged with managing (and often 
reducing) legal budgets and 
communicating the value of the 
department to the business.
4 
The Top Legal Department Challenges 
Improving operational efficiency and regulatory compliance 
are the top legal department challenges 
Top 5 Legal Department Challenges: 
1. Improve operational efficiency 
2. Regulatory compliance 
3. Budget pressure 
4. Not enough staff 
5. Make better use of technology 
The two top challenges facing legal 
departments have parity according to 
survey respondents. Indeed improving 
operational efficiencies and meeting 
regulatory compliance requirements may 
go hand in hand. 
Several surveys – including those 
published by other organizations – find 
that compliance consistently ranks on 
the corporate counsel agenda.
5 
Legal Department Budgets and Staffing 
They say money can’t buy happiness but it can sure help solve a lot of problems, which is why the charts nearby may 
help explain the (cautious) optimism expressed in the first slide. 
For the vast majority of respondents expect both legal department budgets and staffing to remain flat. However there are 
two notable findings that stand out: 
• 32% expect legal department budgets to increase in the next 12 months. 
• 27% expect legal department staffing to increase in the next 12 months.
6 
Legal Department KPIs 
Top 5 Legal Department KPIs: 
1. Legal budget: forecast vs. spend 
2. YTD outside legal spend (Y/Y) 
3. Legal expense as a % of revenue 
4. Total expense for all settlements 
5. Total legal spend as % of revenue 
In open-ended comments, respondents also 
noted the following as KPIs their 
departments track: 
• Savings from moving work typically 
performed by outside counsel in-house. 
• Total number of cases processed. 
• Number of legal transactions closed. 
• Business satisfaction with legal services. 
The LexisNexis CounselLink consulting 
team advises caution in reviewing lists of 
measures of legal department performance: 
“Instead of trying to determine what others 
are doing or looking for a standard list of 
reports, it would be more beneficial to 
determine what’s most important to you, 
your legal department and your company. 
Those are the kinds of things to measure 
and track.” 
56% say legal budget forecasted vs. actual spend is the 
top legal department KPI
7 
The Means to Manage Outside Counsel Spend 
54% of legal departments plan to manage outside counsel spend 
How to Mange Outside Counsel 
Spend: 
1. Move more legal work in-house 
2. Increase usage of AFAs 
3. Develop billing guidelines and rules 
4. Consolidate legal work with less firms 
5. Implement a matter management 
If managing outside counsel spend is a 
top goal for legal departments, this 
question answers how most of them plan 
to do that. More than 50% of 
respondents said they plan to bring more 
legal work in-house – a theme that has 
been prevalent in similar surveys: 
• BTI Consulting: US legal market 
exceeds $100 billion 
• Trending Legal Spending: Examining 
the HBR Consulting Study 
by bringing more work in-house
8 
Evaluation Factors for Selecting Outside Counsel 
An “existing relationship” is the top factor in outside legal service selection 
Top Factors in Outside Counsel 
Selection: 
1. Existing relationship 
2. Proven results 
3. Responsiveness 
4. Efficiency 
5. Flexible pricing 
This question was a ranking question 
where the lower the number the better. 
The results shown on this survey are 
also generally consistent with previous 
studies on the top evaluation factors. 
Surprisingly diversity and technological 
savvy ranked low on the list of factors. 
This despite substantial coverage in the 
legal trade media indicating these two 
factors are increasingly becoming 
important in outside counsel selection.
9 
Legal Department Operational Maturity 
27% of corporate legal departments are reliant on manual processes 
Operational Challenges 
Earlier in this survey respondents 
identified “improving operational 
efficiency” as top legal challenge. In that 
context, this question serves as baseline 
for benchmarking progress. 
Most legal departments give themselves 
low marks on a five point scale. 27% 
percent say they are reliant manual legal 
processes, while 45%, a plurality, say 
they have some automation. 
About one-fifth (19%) report their legal 
department has integrated information 
systems. All in all about 8% give 
themselves high marks for operational 
efficiency in either making data-driven 
legal decisions or having the capability to 
reliably predict legal results.
10 
Legal Department Technology Spending 
37% of legal departments plan to increase spending on technology 
Legal Department Tech Investment 
While most respondents said they 
anticipated legal department investments in 
technology to remain flat, a significant 
number also anticipate additional 
investments. 
All told about 37% of legal departments 
expect to increase spending on technology 
which may well be an answer to the top 
challenge identified earlier: increase 
operational efficiency.
11 
Inside Counsel in their Own Words 
The final question of the survey was an optional open 
ended question that asked: If there was one thing you 
could change about the corporate legal department what 
would it be? The question earned and eclectic array of 
answers from 68 respondents. 
Here is a representative sample of verbatim responses: 
• More attorneys. Overworked for salary. If I wanted to 
work this many hours I would have stayed at the firm for 
more money. 
• Increase staffing. 
• Increase the technology budget. 
• Have it be more focused on legal matters and less 
focused on day to day operational issues. 
• Better document management and better 
communication across multiple business areas to share 
best practices. 
• Get more data and metrics 
• Reduce the layers of review necessary within the law 
Dept. to finalize work product. 
• Collaboration between the different legal specialty areas 
for the entire business. 
• Opportunities for advancement internally. 
• Consistency in management, which changes each year. 
• More support staff. 
• Larger budget with the ability to bring on a more diverse 
staff. 
• I would have the best technology for tracking 
everything... 
• Overcome old procedures that have created some levels 
of complacency. 
• We would be more integrated with the operations side of 
the business and would be more automated where 
efficient. 
• Update manual processes and stop using spreadsheets. 
• Increase efficiency with use of additional technology. 
• Use of technology to track billing 
• I would really like it if we had a full time Compliance 
Officer
12 
Are you peeking behind the curtain? 
There’s nothing here! 
 Survey Methodology and Demographics
13 
Survey Demographics and Methodology 
This survey was conducted online by polling the readers of a third party legal trade publication from 
September 29, 2014 to October 10, 2014. Respondents were required to identify as a legal professional 
working for a U.S.-based legal department. Ninety five respondents (N = 95) meeting this criteria 
answered the survey. Most respondents reported working for corporate legal departments (85%) while the 
remaining were split between non-profit legal departments (10%) and government at all levels (5%). 
Respondents were provided an incentive – a chance to be entered in a random drawing for one of eight 
prizes – to complete the survey. 
Demographics at-a-glance: 
• Most respondents seasoned corporate attorneys. 90% of respondents identified themselves as 
corporate attorneys and 68% reported holding supervisory positions including associate general 
counsel, general counsel and chief legal officer (CLO). 
• Broad range of legal departments. A plurality – 39% – reported working for legal departments with 
2-5 attorneys, although 22% reporting working for law departments with 20 or more attorneys. 54% 
stated their legal department spends $5 million or less per year on outside counsel; 22% spend 
between $5-10 million. About 5% reported spending $100 million or more per year on outside counsel. 
• Wide geography; myriad of industries. Thirty-four states were represented in the sample – the most 
hailed from New York (14%), California (14%) and Illinois (7%). Respondents also represented 
businesses in a wide variety of industries; the top five industries were: technology, software or 
telecommunications (18%), finance or banking (10%), manufacturing (10%), insurance (8%), 
government (7%).
14 
Survey Demographics: Respondents by Responsibility
15 
Survey Demographics: Organization by Full Time Attorneys
16 
Survey Demographics: Organization by Outside Counsel Spend
17 
Free Online Webinar about this Survey 
What: Pulse-Check Survey of Legal 
Department Operations (LDO). Presented by 
Kris Satkunas and Mike Haysley. 
Who: Corporate legal professionals and 
inside counsel 
When: Thursday, December 4, 2014 1:00- 
2:00 p.m. EST 
Where: Free online webinar; register here: 
https://cc.readytalk.com/r/rq93haoxjcc9&eom
18 
Additional Corporate Legal Resources 
 Landmark Benchmarking Reports: 
• CounselLink Enterprise Legal Management Trends Reports & Infographic 
• 2013 Year-end: Growth in M&A Billings Benefits ‘Second Largest’ Law Firms 
• 2013 Mid-year: The Rise of the “Large Enough” Law Firm 
 The LexisNexis CounselLink Resources: 
• Blog: 5 Tips for Streamlining Your Legal Department 
• Blog: The New and Evolving Legal Department Operations Role 
• Blog: What are the Going Law Firm Rates by Practice Area? 
• Blog: Legal Industry Evolution: Back To Business 
• Blog: How Corporate Legal Can Implement AFAs without FUD 
• Blog: 6 Emergent Trends from a Corporate Legal Department Conference 
• White paper: Pricing Perspectives from Industry Experts 
• White paper: 10 Reminders about Increasing your Law Department’s Value 
• Webinar: Rackspace Corporate Counsel Finds the Must-Have Attributes of an ELM Solution 
• Case study: Kennametal 
• Case study: The Cosmopolitan 
 Social Media: 
• Blog: Business of Law Blog 
• LinkedIn: LexisNexis CounselLink 
• Twitter: @Business_of_Law or @LNCounselLink 
• Facebook: LexisNexis Business of Law 
• Google+: +businessoflawblog

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Legally Optimistic: A study on legal departments and legal department operations

  • 1. Legally Optimistic A study on legal departments and legal department operations
  • 2. 1 Legal Department Survey Executive Summary  Legal departments are feeling more optimistic. While the survey asked questions about legal department goals and challenges, it also explored general sentiment. Overall (70%), corporate legal departments say this year has been better as compared to the previously year.  Top legal department goal is reducing outside counsel spend. Reducing outside counsel spend is the top goal for corporate legal departments identified in the survey (61%). Rounding out the top five: Proving value to the business (60%); predicting legal outcomes (48%); automating legal processes (43%); and forecast legal budgets (37%).  Corporate legal departments plan to bring more work in-house. 54% of legal departments plan to manage outside counsel spend by bringing more work in-house. Other top means included increasing the usage of AFAs (32%); developing billing guidelines and rules (30%); consolidate legal work with fewer firms (21%); and implement a matter management system (21%).  Top challenges: improving operational efficiency vs. regulatory compliance. The survey found not one, but two top challenges facing legal departments. 61% of respondents selected both improving operational efficiency and meeting regulatory and compliance requirements amid a list of common challenges which put these two on parity.  Legal department budget and staffing mostly flat. The vast majority of respondents – in both cases more than 50% – say legal department budgets will remain flat. However there does appear to be an upside – more than 30% of respondents expect both budgets and staffing to increase over the next 12 months. Notably, 37% of legal departments say they plan to invest more in technology.  The top legal department KPI: forecast to actual spend. Comparing the budget forecast to actual spend (56%) is the top key performance indicator (KPI) that legal departments say they track. Other KPIs included: year-to-date (YTD) outside legal spend vs. prior year (47%); legal expenses as a percentage of revenue (35%); total expense for all settlements and awards (32%); and total legal spend as a percentage of revenue (22%).  Relationships matter – relationships the top factor in selecting outside counsel. Corporate legal departments said an “existing relationship” with outside counsel was the most important factor in choosing legal service providers. Law firm diversity and technology savvy ranked last on a list of possible metrics.
  • 3. 2 Legal Departments are Feeling Optimistic 70% of legal departments surveyed say this year has been better than the last year Legal Department Optimism Despite audacious goals and challenges, the mood of legal departments overall (70%) is upbeat. Additional anecdotal responses to this question provide some indication as to why: • The business is having a good year – which means the legal department is having a good year. • Businesses are asking for legal counsel before matters become problems. • The legal department has seen an increase the number of large cases settled this year.
  • 4. 3 Top Legal Department Goals 61% say reducing outside counsel spend is currently the top legal department goal Top 5 Legal Department Goals: 1. Reduce outside counsel spend 2. Prove value to the business 3. Predict legal outcomes 4. Automate legal processes 5. Forecast legal budgets Amid the current legal climate the results shown nearby are not a surprise. However, these do underscore and important trend: it’s not enough to merely be an effective corporate lawyer. Today effective corporate attorneys are charged with managing (and often reducing) legal budgets and communicating the value of the department to the business.
  • 5. 4 The Top Legal Department Challenges Improving operational efficiency and regulatory compliance are the top legal department challenges Top 5 Legal Department Challenges: 1. Improve operational efficiency 2. Regulatory compliance 3. Budget pressure 4. Not enough staff 5. Make better use of technology The two top challenges facing legal departments have parity according to survey respondents. Indeed improving operational efficiencies and meeting regulatory compliance requirements may go hand in hand. Several surveys – including those published by other organizations – find that compliance consistently ranks on the corporate counsel agenda.
  • 6. 5 Legal Department Budgets and Staffing They say money can’t buy happiness but it can sure help solve a lot of problems, which is why the charts nearby may help explain the (cautious) optimism expressed in the first slide. For the vast majority of respondents expect both legal department budgets and staffing to remain flat. However there are two notable findings that stand out: • 32% expect legal department budgets to increase in the next 12 months. • 27% expect legal department staffing to increase in the next 12 months.
  • 7. 6 Legal Department KPIs Top 5 Legal Department KPIs: 1. Legal budget: forecast vs. spend 2. YTD outside legal spend (Y/Y) 3. Legal expense as a % of revenue 4. Total expense for all settlements 5. Total legal spend as % of revenue In open-ended comments, respondents also noted the following as KPIs their departments track: • Savings from moving work typically performed by outside counsel in-house. • Total number of cases processed. • Number of legal transactions closed. • Business satisfaction with legal services. The LexisNexis CounselLink consulting team advises caution in reviewing lists of measures of legal department performance: “Instead of trying to determine what others are doing or looking for a standard list of reports, it would be more beneficial to determine what’s most important to you, your legal department and your company. Those are the kinds of things to measure and track.” 56% say legal budget forecasted vs. actual spend is the top legal department KPI
  • 8. 7 The Means to Manage Outside Counsel Spend 54% of legal departments plan to manage outside counsel spend How to Mange Outside Counsel Spend: 1. Move more legal work in-house 2. Increase usage of AFAs 3. Develop billing guidelines and rules 4. Consolidate legal work with less firms 5. Implement a matter management If managing outside counsel spend is a top goal for legal departments, this question answers how most of them plan to do that. More than 50% of respondents said they plan to bring more legal work in-house – a theme that has been prevalent in similar surveys: • BTI Consulting: US legal market exceeds $100 billion • Trending Legal Spending: Examining the HBR Consulting Study by bringing more work in-house
  • 9. 8 Evaluation Factors for Selecting Outside Counsel An “existing relationship” is the top factor in outside legal service selection Top Factors in Outside Counsel Selection: 1. Existing relationship 2. Proven results 3. Responsiveness 4. Efficiency 5. Flexible pricing This question was a ranking question where the lower the number the better. The results shown on this survey are also generally consistent with previous studies on the top evaluation factors. Surprisingly diversity and technological savvy ranked low on the list of factors. This despite substantial coverage in the legal trade media indicating these two factors are increasingly becoming important in outside counsel selection.
  • 10. 9 Legal Department Operational Maturity 27% of corporate legal departments are reliant on manual processes Operational Challenges Earlier in this survey respondents identified “improving operational efficiency” as top legal challenge. In that context, this question serves as baseline for benchmarking progress. Most legal departments give themselves low marks on a five point scale. 27% percent say they are reliant manual legal processes, while 45%, a plurality, say they have some automation. About one-fifth (19%) report their legal department has integrated information systems. All in all about 8% give themselves high marks for operational efficiency in either making data-driven legal decisions or having the capability to reliably predict legal results.
  • 11. 10 Legal Department Technology Spending 37% of legal departments plan to increase spending on technology Legal Department Tech Investment While most respondents said they anticipated legal department investments in technology to remain flat, a significant number also anticipate additional investments. All told about 37% of legal departments expect to increase spending on technology which may well be an answer to the top challenge identified earlier: increase operational efficiency.
  • 12. 11 Inside Counsel in their Own Words The final question of the survey was an optional open ended question that asked: If there was one thing you could change about the corporate legal department what would it be? The question earned and eclectic array of answers from 68 respondents. Here is a representative sample of verbatim responses: • More attorneys. Overworked for salary. If I wanted to work this many hours I would have stayed at the firm for more money. • Increase staffing. • Increase the technology budget. • Have it be more focused on legal matters and less focused on day to day operational issues. • Better document management and better communication across multiple business areas to share best practices. • Get more data and metrics • Reduce the layers of review necessary within the law Dept. to finalize work product. • Collaboration between the different legal specialty areas for the entire business. • Opportunities for advancement internally. • Consistency in management, which changes each year. • More support staff. • Larger budget with the ability to bring on a more diverse staff. • I would have the best technology for tracking everything... • Overcome old procedures that have created some levels of complacency. • We would be more integrated with the operations side of the business and would be more automated where efficient. • Update manual processes and stop using spreadsheets. • Increase efficiency with use of additional technology. • Use of technology to track billing • I would really like it if we had a full time Compliance Officer
  • 13. 12 Are you peeking behind the curtain? There’s nothing here!  Survey Methodology and Demographics
  • 14. 13 Survey Demographics and Methodology This survey was conducted online by polling the readers of a third party legal trade publication from September 29, 2014 to October 10, 2014. Respondents were required to identify as a legal professional working for a U.S.-based legal department. Ninety five respondents (N = 95) meeting this criteria answered the survey. Most respondents reported working for corporate legal departments (85%) while the remaining were split between non-profit legal departments (10%) and government at all levels (5%). Respondents were provided an incentive – a chance to be entered in a random drawing for one of eight prizes – to complete the survey. Demographics at-a-glance: • Most respondents seasoned corporate attorneys. 90% of respondents identified themselves as corporate attorneys and 68% reported holding supervisory positions including associate general counsel, general counsel and chief legal officer (CLO). • Broad range of legal departments. A plurality – 39% – reported working for legal departments with 2-5 attorneys, although 22% reporting working for law departments with 20 or more attorneys. 54% stated their legal department spends $5 million or less per year on outside counsel; 22% spend between $5-10 million. About 5% reported spending $100 million or more per year on outside counsel. • Wide geography; myriad of industries. Thirty-four states were represented in the sample – the most hailed from New York (14%), California (14%) and Illinois (7%). Respondents also represented businesses in a wide variety of industries; the top five industries were: technology, software or telecommunications (18%), finance or banking (10%), manufacturing (10%), insurance (8%), government (7%).
  • 15. 14 Survey Demographics: Respondents by Responsibility
  • 16. 15 Survey Demographics: Organization by Full Time Attorneys
  • 17. 16 Survey Demographics: Organization by Outside Counsel Spend
  • 18. 17 Free Online Webinar about this Survey What: Pulse-Check Survey of Legal Department Operations (LDO). Presented by Kris Satkunas and Mike Haysley. Who: Corporate legal professionals and inside counsel When: Thursday, December 4, 2014 1:00- 2:00 p.m. EST Where: Free online webinar; register here: https://cc.readytalk.com/r/rq93haoxjcc9&eom
  • 19. 18 Additional Corporate Legal Resources  Landmark Benchmarking Reports: • CounselLink Enterprise Legal Management Trends Reports & Infographic • 2013 Year-end: Growth in M&A Billings Benefits ‘Second Largest’ Law Firms • 2013 Mid-year: The Rise of the “Large Enough” Law Firm  The LexisNexis CounselLink Resources: • Blog: 5 Tips for Streamlining Your Legal Department • Blog: The New and Evolving Legal Department Operations Role • Blog: What are the Going Law Firm Rates by Practice Area? • Blog: Legal Industry Evolution: Back To Business • Blog: How Corporate Legal Can Implement AFAs without FUD • Blog: 6 Emergent Trends from a Corporate Legal Department Conference • White paper: Pricing Perspectives from Industry Experts • White paper: 10 Reminders about Increasing your Law Department’s Value • Webinar: Rackspace Corporate Counsel Finds the Must-Have Attributes of an ELM Solution • Case study: Kennametal • Case study: The Cosmopolitan  Social Media: • Blog: Business of Law Blog • LinkedIn: LexisNexis CounselLink • Twitter: @Business_of_Law or @LNCounselLink • Facebook: LexisNexis Business of Law • Google+: +businessoflawblog