underlying facts, or should we only cull some of them via reasonable risk assessment?). Scoping
is about properly allocating resources—not so you can save every dime on cost (i.e., being penny–
wise on fees and pound foolish on outcomes)—but so you can strategically reduce spending on
low-value work and free up spending for higher-value work, thus increasing your chance of
getting desired results and winning where it counts most. In other words, by scoping properly
and reducing low-value work, you free up dollars to spend more effectively on higher-value work.
This could entail doing more on those matters in areas that move the needle, or could entail hiring
more expensive/higher quality firms if need be.
Step Two: Implementing the Right Approach
After scoping out the work involved in a particular matter, the next step is to assess and
implement those approaches that deliver the greatest value to the client. Typically,
implementation involves addressing: (1) who should perform the work, and ( 2) on what terms.
Who Should Perform the Work? Selecting Firms and Vendors
Most in-house counsel have extensive experience in selecting law firms—the “who” part of the
equation—and much has been written on this topic. This Guide will not go into great detail here,
other than to note two brief points:
■ It is important to consider not just quality but also cost. How do you assess cost?
It is not just about rates—that’s only part of the equation. Rather, assess law firm
• Comparative all-in fee constructs;
• Willingness to put “skin in the game”; and
• Track record on prior value-based fee arrangements.
Thoroughly assessing comparative budget or cost information up front is an important step in
helping to ensure costs are managed.
■ Consider who the right service providers are to handle the matter (or components
of it). Some matters may require the best-known experts in the world and others
may not. Perhaps you want multiple law firms or vendors in the mix—or only
associates or only partners. As clients increasingly “unbundle” work, the market is
seeing extensive experience across the spectrum of providers, including bringing
certain pieces of the work in-house, assessing how to get the highest use from each
contributor to the matter, and outsourcing overseas for the right types of projects.