Conducting Remote Outside Counsel Reviews
As the legal industry has now wrapped up a stellar 2021 and moves into 2022, it must continue to engage in smart business practices, like annual outside counsel reviews. But these practices must be adapted for today’s unique remote environment. In this regard, here are a few pointers for conducting year-end outside counsel reviews in 2022:
1. Watch How Your Lawyer / Firm Handles the Remote Review Setting. Chances are that annual outside counsel reviews will be conducted online via Zoom, MSTeams, Slack or a similar technology. Closely observe how outside counsel performs in this setting because this is the medium by which outside counsel will be representing you or your organization in a hearing, in negotiations, in a deposition, at trial and so forth for the foreseeable future. Technological- and online- savvy, competence and comfort in this now unexceptional setting is more important now than ever.
2. Ask What Outside Counsel is Doing to Train Junior Associates. Historically when business was conducted face-to-face in an office, training and mentoring junior legal professionals (which was through in-person observation and "tagging along") had not been terribly difficult and did not require an overly concerted effort by mentors. In a remote setting, training and mentoring is vastly different as mentors must take proactive steps to train and mentor proteges. Any client which plans to engage a firm for the long haul should ask what efforts are being undertaken to train our junior colleagues.
3. Ask What Technology(ies) Outside Counsel Has Adopted for the Remote Workplace. Zoom, Slack and Teams are now table stakes in the COVID-19 era. It is important to ask what additional technologies outside counsel has deployed to ensure a seamless, secure, collaborative and technologically-enabled remote work environment. With a remote workforce using their own personal devices, common sense dictates that data security technologies are mission critical. Collaboration tools that assist with efficient document drafting and review are also important to discuss in the upcoming year-end review. At a minimum, discuss both.
4. Talk About Team Building Initiatives Designed to Offset Remote Working Isolation. Related to items 2 and 3 above, we must not forget that the best client outcomes happen when ALL law firm professionals interact with each other to efficiently and collaboratively deliver legal advice conceived of with input from each of the best and brightest minds at the firm. Diversity of thought continues to be critical to excellent client outcomes so it is important for a client to understand what the law firm is doing to foster a 100% connected and fully-inclusive firm.
5. Inquire About Talent Retention Efforts. It is nearly impossible to go two or three days without seeing a media report about challenges law firms are facing when it comes to attracting and retaining talent (particularly associate-level talent). When paying legal fees, clients are making a real investment in training/educating legal professionals who work on the client's matters. When those legal professionals permanently leave, that investment is forever lost. In 2022, it is especially important to ask this vexing question about talent retention initiatives.
The Annual Outside Counsel Review season is upon us. Ask the right questions. Use the right metrics. Legal Decoder can help.