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Articles Posted in Showing Value

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Sure, spreadsheet analyses can mislead, but consider the benefits

An article in the Harvard Business Review, June 2014, at 67, by Clayton Christensen and another author, includes a sidebar that criticizes overuse of spreadsheets. When strategic decisions are based on spreadsheet analysis, the authors believe managers are often misguided. Without a doubt, spreadsheets can mislead or can create a…

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Nope, a call from a celebrity divorce lawyer isn’t a GC’s worst nightmare

“Nothing strikes fear into the heart of a corporate general counsel like a call from celebrity attorney Gloria Allred.” That is the over-hyped opening of an article in Bloomberg BusinessWeek, July 23, 2012 at 55. Perhaps.  If one’s boss, the CEO, is embroiled in a messy breakup and the wife…

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Steps taken by Telstra to protect the attorney-client privilege after an appellate court questioned the privilege

In 2007 Australia’s federal court called into question whether e-mails and documents prepared by in-house lawyers were subject to attorney-client privilege. In response to that threat, Telstra Corporation took a number of actions.  For example, it amended the employment contracts of each of its 150 lawyers “to make it crystal…

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Three ways survey respondents believe their legal department demonstrates value

Almost 900 in-house counsel from 10 countries responded to a survey published as Deloitte’s Global Corporate Counsel Report 2011. Five years ago, a similar survey found that the top three choices for ways the legal team demonstrates value were “timely resolution of legal problems,” “achieving best legal outcomes,” and “reducing…

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Braggadocio if law departments hold themselves out as gifted, strategists, beacons of integrity, and patron saints of corporate social responsibility

Lawyers, sometimes pummeled by non-lawyers as arrogant and prideful, bring that opprobrium on themselves if they try to elevate their department as grander and more influential than others would agree. A number of instances of inflated self-regard and self-promoting have appeared on this blog (See my post of July 24,…

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No! Don’t think that the “legal team should be an active participant in all critical corporate decisions”

In the ACC Docket, March 2012 at 24, the general counsel of NetScout Systems holds high the banner that that the “legal team should be an active participant in all critical corporate decisions.” Unless “critical corporate decisions” is deemed synonymous with “decisions where legal input must be had,” in which…

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Legal departments, among other corporate functions in Europe, don’t get enough CEO guidance on focus

A survey of more than 50 function heads of European companies found that “fewer than one in 10 function heads felt they had received sufficient guidance on how their function should contribute to the company’s overall strategy.” Reported in MIT Sloan Mgt. Rev., Spring 2012, at 12, the research by…

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Three broad eras asserted to differ in the influence of general counsel, but no evidence

The general counsel of NetScout Systems co-wrote a piece in the ACC Docket, March 2012 at 22. Early on, a sidebar sketches how general counsel over the past century have been perceived. The early 20th century, was the “golden age” of corporate counsel, “where the majority of corporate executives were…

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How might we determine whether managerial nous has improved in legal departments during the past two decades or so?

Assuming the general level of managerial skill in U.S. law departments has risen over the past 20 years, how might we detect that progress? One clue could be that the number of lawyers and dollars required to support each billion dollars of revenue has held steady (See my post of…