Updated: Jun 27, 2018
"All recipients of professional service...seem to be short of money...managers in business complain not only of shrinking budgets but also that they have more need of professional help...we call this problem the 'more for less' challenge."
So wrote Richard and David Susskind in The Future of The Professions - How Technology Will Transform The Work of Human Experts (Oxford University Press, 2015, p.108). The writers were reflecting the wide acceptance in the marketplace of this 'more for less' mantra as a well-established principle.
GCs and in-house counsel across the world embraced the challenge with gusto. No conference was complete without "more for less" powerpoint presentations. Even "new law" providers claimed it as a benefit in their innovative services. And Legal functions "drove" their teams to "deliver more for less" with the kind of ferocity that only lawyers can bring to bear on a problem.
And who could blame them? Afterall, as Mark Cohen observed, writing in Forbes as recently as January 2018, "Legal consumers, not 'smart lawyers' are now calling the shots...The corporate C-suite has mandated GCs to do 'more with less' ...[who are] more receptive to traditional law firm alternatives..."
But, to date, GCs and their teams that have taken the brunt of the "less" and are doing the "more" because they are employees. They feel they must "deliver", or else. I have met none - not one - who has begged their CFO for a cut in their Legal spend.
This hardworking band of cost-cutters are caught in a trap exacerbated by the advance of new technology, the resilience of the billable hour and the glacial pace of so-called "disruption in legal services."
But private practice is soon to be caught in the same trap as some of its number, rightly, start to woo their members into behavioural change. Then everyone will be doing it.
But there is a way out, now, if all dare to take it:
Step 1 Make the board's SWOT Analysis the Legal function's core document
The board's SWOT Analysis is, at any point in time, the Legal function's best friend. And if the board doesn't have one, get someone to write one for them for contained in it is all Legal needs to kill off 'more for less' for good. Why?
Because the Board's SWOT Analysis is the board's risk register, by another name. And the anticipation/management of risk eats 'more for less' for breakfast, if sold in properly.