Legal value: Difference between revisions

1,366 bytes added ,  15 September 2023
no edit summary
No edit summary
Tags: Mobile edit Mobile web edit
No edit summary
 
(7 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{a|mgmt|{{image|Barncacle|jpg|[[For the avoidance of doubt]] this picture contains, [[without limitation]], [[one or more]], [[as the case may be]], [[barnacle]]s.}}
{{a|mgmt|{{image|Barncacle|jpg|[[For the avoidance of doubt]] this picture contains, [[without limitation]], [[one or more]], [[as the case may be]], [[barnacle]]s.}}
}}The dilemma for professional services providers is how to show your positive contribution without actively ''destroying'' value.<ref>other than the value destruction that inevitably follows from your engagement in the first place — your professional fees, that is.</ref>
}}The dilemma for professional services providers is how to show your positive contribution without actively ''destroying'' value.


For, if I send my [[lawyer]] a 90-page [[indenture]] and it comes back unmarked, “all fine”, but accompanied by a hefty note of costs, do I ''feel'' I am getting value for money?  
For, if I send my [[lawyer]] a 90-page [[indenture]] and it comes back unmarked bar the words “all fine” scrawled across the front page, yet still accompanied by a hefty note of costs, do I ''feel'' I am getting value for money?  


Generally, I do not. Even though I might be. The [[The dog in the night time|dog that doesn’t bark in the night-time]] brings me no comfort, even if there is nothing to bark at.
Generally, I do not.  
====On non-barking dogs and night-times====
This is so even though I ''might'' be: [[The dog in the night time|a dog that barketh not in the night-time brings no comfort]], even when there is nothing to bark at.


So, [[Lawyer|lawyers]] have developed techniques for making [[Form|formal]] changes which do not alter the [[substance]], but signal that they have indeed pored over the document, subjecting it to their unique forensic consideration — that it has been buffed and polished to a high sheen. You can spot these parenthetical statements, which we call [[flannel]] in these pages, by their tells: “[[for the avoidance of doubt]]”, “[[without limitation]]...”, “[[whether or not]]...”, or “[[notwithstanding the foregoing]]...”.
So, commercial [[Lawyer|lawyers]] have developed techniques for barking ostentatiously during hours of darkness: [[Form|formal]] alterations that alter no [[substance]], but exude the psychological safety that comes from seeing they have indeed pored over the document, buffing and polishing it to a high forensic sheen.  


It is a [[Anal paradox|paradox]] that, however [[tedious]] it is to have some cretin add this unnecessary heft to your draft, it is even more [[tedious]] to insist upon their removal. Thus over time legal forms tend towards [[barnacle]]-encrusted, impenetrable mush.
You can spot these parenthetical statements, which we call [[flannel]] in these pages, by their tells: “[[for the avoidance of doubt]]”, “[[without limitation]]...”, “[[whether or not]]...”, or “[[notwithstanding the foregoing]]...”.
 
It is a [[Anal paradox|paradox]] that, however [[tedious]] it is to have some cretin add this unnecessary heft to your draft, it is even more [[tedious]] to insist upon its removal. Thus, over time, legal forms tend towards [[barnacle]]-encrusted, impenetrable mush, courtesy of what [[Douglas Adams]] and John Lloyd would call “[[clabby conversation|clabby]]” [[clabby conversation|conversation]]<nowiki/>s.
 
Confronted with such a gambit, even the most sainted, easy-go-lucky types on the other side cannot help falling into a “[[ditherington]]”.


===Measuring legal value===
===Measuring legal value===
All this presents quite the predicament to those lawyers whose output and productivity cannot be measured in [[time and attendance|billable hours]]. That is, [[inhouse legal|''in-house'' legal eagles]].
All this presents quite the predicament to those lawyers whose output and productivity ''cannot'' be measured in [[time and attendance|billable hours]]. That is, [[inhouse legal|''in-house'' legal eagles]].
 
For those in [[private practice]], it does not matter ''how'' counterproductive, petulant or lily-gilding their behaviour is, ''as long as it brings in fees''. Fees, one can measure. Fees, one can ''bank''.
 
Legal practice management consultants may help by comparing inputs to outputs; devising metrics to predict the ''optimal amount'' of defensible literary lollygagging to maximise fee returns, but this will not work inhouse, where [[inhouse lawyer|lawyer]]s collect no fees. Here, the putative quest is ''not'' “to produce legal work product”, nor even “timely, excellent, and great value-for money legal work product”, but to ''avoid'' generating legal work product wherever it is not absolutely necessary.
 
In-house legal departments exist to ''throttle'' legal expense.


For those in [[private practice]], it does not matter ''how'' counterproductive, petulant or lily-gilding  is their behaviour ''as long as it brings in fees''.  
The problem is, you can’t measure this with [[metric]]s or [[key performance indicators]]. Unavoidable legal process — customer [[contract negotiation]]<nowiki/>s, things like that — can certainly be streamlined and productionised, but once that is done, the [[process]] becomes an operational function, not a legal one, and [[legal]]’s contribution to its ongoing success, again, can only be measured in ''silhouette'': how ''rarely'' is legal obliged, thereafter, to get involved.


Fees, one can measure. Fees, one can ''bank''.  
Hence, the best way of measuring inhouse legal value is also by its silhouette: a business may not be able to count the ways that [[inhouse lawyer]]s sprinkle their magic on its forward health and viability, it certainly ''can'' count the ways they don’t: the times they are hindered by the quotidian distractions of the life bureaucratic: the box-ticking, form-filling, meeting-attending and perpetually re-advising on issues it is, fundamentally, the business’s job to know already.  


[[Inhouse lawyer]]s collect no fees.
These “[[key non-performance indicator|key ''non''-performance indicators]]” ''could'' be counted and presented to the [[Opco]] during its weekly stakeholder check in conference call, on an attractive [[slide]], replete with [[RAG status]]es, downward-sloping graphs and Gantt diagrams charting the department’s ascent to a condition of crystal purity, with maximum scope for offering untrammelled, ineffable excellence.


Legal practice management consultants may help law firms by running [[algorithm]]s comparing inputs to outputs and devise metrics predicting the ''optimal amount'' of literary lollygagging to maximise fee returns but an [[inhouse lawyer]]’s putative — granted, quixotic — quest is not to produce “legal work product”, nor even “timely, excellent, and great value-for money legal work product”, but to ''avoid'' generating [[attorney work product|legal work product]] wherever possible. In-house legal departments exist to ''throttle'' legal expense.
But ''are'' they, in any organisation on the planet?


You can't measure this with [[metric]]s. Unavoidable legal processes — customer contract negotiations — can certainly be streamlined, widgetised, productionised, but once that is done, they become an operational function, not a legal one, and legal’s contribution to their ongoing success, again can only be measured in silhouette: how ''infrequently'' legal is obliged thereafter to get involved.
Are they ''heck'', as the Americans say.
{{sa}}
{{sa}}
*[[Key non-performance indicator]]
*[[Key non-performance indicator]]