Who should be delivering the services? Once the value of specific legal services has been
calibrated and prioritized, the department can move to next step – determining who should do
the work. This determination is based on strategic decisions related to the value assignments, and
identification of areas where the current level of effort is not aligned with the value ranking.
When determining who should do the work, consider the following factors:
What is the role of in-house lawyers: “managers,” “doers,” or a combination?
Is the work essential to achieving the company’s business goals?
Does the work involve high risks that could affect the company as a whole?
Is the work properly defined as legal services?
Should the department perform the work?
How has the work been valued and prioritized?
Is the work routine or commodity work?
Does the work require an lawyer? At what level of experience?
Is the work complex, requiring a specialist?
Can the work be leveraged to paralegals or other non-lawyers?
How can process and technology be used to streamline and leverage the work?
Is the work recurring, or a one-off situation?
Will it continue into the future or end soon?
What is the expected go-forward volume?
Is it best handled internally or externally?
If externally, does it require a law firm or can a non-firm vendor perform all or
part of the work?
If it requires a law firm, what are the necessary attributes of the appropriate firm,
e.g., size, reputation, geographical presence, specialization?