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This page is in three sections:

  • Shoveling smoke - a regular column published by the Association of Corporate Counsel
  • Other articles - a selection of articles published elsewhere
  • More articles - Lists of additional articles available on request

‘Shoveling smoke’ (re-named "Ins & Outs") is a regular column in the award-winning Docket magazine (from the Washington-DC-based Association of Corporate Counsel) on relations between in-house and outside counsel, legal department management and professional issues.

Standard terms to rule over them - supplier standard terms
Ready, fire, aim - When the issue is not developing great strategy but implementation
10 tips to determine if your RFP is a toxic tool - design tips for tenders/RFPs for legal services
RFPs & tenders - should we really? - what's the alternative?
Seeing through your clients' eyes - six steps beyond client surveys
Coaching and the 'Skill-Will Matrix' - adapt managing style to their needs
Organizational culture - the importance of culture on strategic effectiveness
Metrics that matter - 'satisfied' clients; loyal promoters or passive users?
Legal leaders use Matrix to expand time - leverage expertise to free time
Email disclaimers - the modern emperor's clothes?
How many lawyers are too many? - finding the 'right' size legal department
Legal stars (part 2) - management tools for the people in legal departments
Legal stars (part 1) - management tools for the people in legal departments
When less lawyering is more - not just application of legal skills
The flip side of client relations - involve external counsel in different ways
Make or buy? - 10 hidden tigers - optimal insource/ outsource mix
I'm a lawyer, not a marketer, right? - demonstrate strategic value
Matter management 101 - enabling legal departments do more with less.
Retreating forward - 10 steps for a successful 'offsite' - a template
Contextual ethics and brand value - a hypothetical on 'borrowing' ideas
10 steps towards helping the CFO - the finance side for in-house counsel
Inside, Outside - outsourced legal departments

How do you motivate lawyers? - does cash - lots of it - drive lawyers?

Compliance programs that connect - part of organisational culture

Connecting with outside counsel - bridging the gap

10 golden rules of negotiation - 'rules' of corporate negotiation?

Litigation hourly billing - the gap between value add & legal fees
Offshoring - the dawn of international legal skills arbitrage?
Better governance - ditch the legal budget? - a provocative viewpoint
Rules of engagement and when to break them - free to be creative
Legal culture and motivated teams - motivating lawyers
Professional standards - beyond conduct rules - GC & a partner talk
No place for ‘transferred arrogance’ with outside counsel
Compliance and the effect of organisational culture
FORTHCOMING COLUMNS
Customer service: putting it right - part 1 - dealing with poor customer service reflects excellence
Customer service: putting it right - part 2 - putting it right after you've dropped the ball
Litigation media management - if you can't 'manage' the media, 8 tips to help manage the message
10 little secrets of working in-house
Of mugshots and elevator pitches - lawyer selection without the complexities
Seven time tips for busy lawyers - timesaving tips
Are we Googling ourselves stupid? - are new skills destroying our ability to think?
Lawyers as Gatekeepers - outside counsel more independent or better at intercepting wrongdoing than in-house counsel?
Selecting law firms; a two way street - Law firms' frank assessment of in-house counsel 'best practices' selecting firms
It would be a shame to waste a good recession - bright future for relationship between in-house and outside counsel with aligned interests and value at its core
The end of in-house lawyers? - with law firm models changing Richard Susskind offers legal department strategies
Ten quick ways to cut costs - need to cut the legal budget by 10 or 20%?
Litigation cost management - revolution or evolution? - new solutions to align litigation costs and organizational goals

 

  • Connecting organisations and professional services providers
  • Legal Dept management; legal function productivity and value
  • Corporate governance; Legal compliance
  • Motivation; Team events
  • FOR A COMPLETE LIST OF ALL 200+ ARTICLES, see "MORE ARTICLES" BELOW

Presentation outline: Professional services procurement - defensible outputs or optimal outcomes?

Chartered Institute of Purchasing & Supply (CIPS Australasia), Wellington, 3 June 2010

Within the context of major public sector contracts and significant change in the government sector procurement space, Ron delivered a provocative presentation designed to test assumptions and generate debate.

  • The next presentation in the series is by international procurement expert and author Dr Dick Russill, Managing Procurement through Stormy Waters (managing a large part of your business that you do not own, cannot see, and which is staffed by people you don't employ), Auckland 13 July, Wellington 22 July 2010.

The Future of Law

Corporate Lawyers Association conference, 14 May 2010, Rotorua

Are you too busy operating in the now to think about different ways of doing things in the future? The future is already here, yet unevenly distributed, so you may have missed what others around the world have already started doing. Panellists share a concise and sometimes provocative package of future strategies. What's happening in New Zealand, Australia, Asia-Pacific and internationally? What works? What doesn't work? What can work better? And what else is coming down the track?

Straight talkin', Australasian Legal Business

What's in a brand? ALB editorial about the perceived uniqueness of law firm branding, from the reporting of "an illuminating exercise by professional services consultant Ron Pol on how clients, and indeed firms themselves, perceive law firm branding."

Law firm websites; a marketing cliche? by Renu Prasad, Australasian Legal Business

Traditional assumptions about how clients use websites need to be viewed with some scepticism.

New Zealand Law Awards

Team Factors helped develop the methodology for and independently identified winners of the New Zealand Law Awards 2006, 2007, 2008 and 2009 for the organisers, NZ Lawyer magazine (LexisNexis New Zealand)

For more information, contact us in confidence

Lawyer use report wins major award

The ACLA/CLANZ Legal Department Benchmarking Report, which ACLA CEO Peter Turner says is "already being put to great use by companies and government agencies keen to ensure they get the best value from lawyers" wins APEX 2009 Award (US) and Pride in Print Awards (NZ).

Being an Organization Lawyer, Vermont Law Review, vol 33:729 (2009), by William B Lytton, former Tyco General Counsel, International Paper General Counsel, Chair of the Association of Corporate Counsel, and counsel to Presidents Reagan & Bush Sr.

Text of speech to law school community on a different perspective to that typically presented at law schools, many of whose graduates will work for organizations at some point in their careers. Experience and insights from one of the world's foremost in-house counsel, including on leadership, followership, service, inspiration, vision, honesty, integrity and encouraging personal growth. Vermont Law Review, vol 33:729 (2009)

In-house needs reality check on value, New Lawyer, Richard Stock & Ted Dwyer

Many general counsel don't realise how legal spend can be quickly reduced with the right combination of measures, but law firms may not initiate the discussion. There's no use complaining and then doing nothing; GCs need to take the lead on reducing costs. As the leading resource tool of its kind in Australia and New Zealand, the ACLA/CLANZ Legal Department Benchmarking Report mentioned in this article provides a wealth of information on which to base effective strategies.

Women and Other Levers of Economic Progress in the Legal Profession

My unborn grand-daughter might be the first woman to enter a profession in which the levers of power are shared equally between men and women. Paper prepared for the launch by Prime Minister the Hon John Key of NZ Global Women.

Also see:

The Business of Law 2009

The 2nd edition of this book is described by publisher Thomson Reuters as the latest, most comprehensive report on the state of the business of law in New Zealand; with an in-depth analysis of the trends affecting the legal profession supported by relevant demographic, statistical and financial data.

Authors: Ron Pol, Ashley Balls, David Maister, Stephen Mayson, Rebekah Palmer, Miriam Bell

 

The Business of Law, as featured on Prime TV, TV One, National Business Review, The Dominion Post, The Press, The Waikato Times, NZ Lawyer, Law Fuel and Scoop, including:

The Opportunity Maker, by Ari Kaplan (Book Review), Thomson West

The Opportunity Maker: Strategies for inspiring your legal career through creative networking and business development

Local Authority legal teams - lean, starved or captive?

Legal work heavily outsourced; implications for in-house lawyers.

It's official - lawyers care, NZ Lawyer

Third client care article. Reviews new ADLS 'client care' form, and asks what the profession can do now.

      (This commentary is updated from time to time, with version date shown under document heading)

      [Not recommended]

      [Not recommended]

Client care Q&A, NZ Lawyer

Second client care article. Client care Q&A's after first article ("Client Care - Yeah Right?"), plus free client care template letter.

Client care? Yeah, right, NZ Lawyer

First client care article, in response to lawyers' concerns expressed after NZLS 'client care' seminars.

The best lawyers, already delivering exceptional client service, may find client relationships strained, not strengthened, by the so-called 'client care' letters suggested by some templates.

Costs' system also bad for clients, Law News (includes Long Term Reviser Withdraws, by Brian Keene QC)

Linking fee complaints and discipline is bad for clients and lawyers.

The article and letter mentioned in Costs' system also bad for clients are also available:

Procurement guidance for local authorities, NZ Local Government magazine

The Auditor General's new procurement guidelines for public entities now extend to local authorities. This article outlines 20 practical tips for local authorities, followed by a law firm's experiences of local government procurement of legal services.

Large vs specialist: what's best for clients? NBR Guide to Business Law

Large firms or boutiques? Are niche firms the way of the future or a passing fad?

The Pecking Order, NBR Guide to Business Law

Price-performance comparison of the big law firms by in-house counsel. (For the rankings and the full price-performance matrix, see article below "Clients rank top firms on price and performance")

Clients rank top firms on price and performance, eCLANZ

Price-performance rankings of New Zealand's largest law firms, based on a survey conducted by Team Factors with CLANZ and Thomson Reuters involving nearly 30% of New Zealand's in-house counsel as key client representatives.

"The quality of Ron's practices and techniques makes this the leading benchmark survey. This particular matrix is one recognized internationally as the key performance indicator." Chief Executive, Large law firm.

Inhouse legal report, National Business Review

Huge collection of metrics hitting just about every performance point a legal department needs to make.

Yes, there is a lawyer in the house & How we compare, Business Herald (Eloise Gibson)

Pressure to limit costs means many organisations are relying more on in-house teams; and how many lawyers does a company need to make $1 billion?

Benchmarking data for Australasian law departments, The Engine Room

Law dept benchmarking has long been available in the US. Similar data is far less common elsewhere. So, this Report is big news. Workload is such a big problem, because few legal departments actively try to improve productivity and deliver meaningful workload reductions. Why?

Why law departments struggle to improve productivity, The Engine Room

Some law depts are unable to unlock potentially millions of dollars in savings, because of general counsel background and attitudes, organisational culture, resources and in the case of Australian and New Zealand law departments the dearth of industry data has meant a lack of awareness of what's actually possible.

New report helps reduce legal costs, Boardroom (Institute of Directors)

Does your company spend too much on lawyers? "It works, but can it work better?" is the mark of a new breed of legal managers who seek opportunities to improve productivity on legal costs.

Good counsel tops $50m for local councils, Sunday-Star Times (Garry Sheeran)

Councils use of in-house counsel less than central government

The Great Legal Takeover, NZ Management (Eugene Bingham)

The growth of New Zealand's in-house counsel profession

Managing your matters, NZ Lawyer

Matter management systems available to in-house counsel

True leadership, NZ Herald (letters)

When managers apply legalistic arguments defensively, a lawyer demonstrates leadership, compassion and common sense.

Who opens the $200M public purse?, NZ Lawyer

Government legal spend; the top 30 law firms; and commentary on procurement and tender practices.

Through your clients' eyes, NZ Lawyer

Selected brand attributes associated with some of New Zealand's leading firms

Cost of leaky regulators gets worse, National Business Review

Impact of regulation worsens, CLANZ survey shows, Law Talk

Survey of regulator conduct and attitudes, and strategies for dealing with regulators, by some of NZ's largest companies

Lend Them Your Ears , and Listen, to Influence, LawTalk

Helping bridge the perception divide between lawyers and clients

Salaries & Benchmarking for NZ conditions, Corporate Lawyer

Independent and extensive salary information for corporate and government lawyers.

For publicly available research reports, click here. For more information, contact us

Strategic Law Firm Management: Clients are Key, InBrief

Organisational clients ask firms to engage with them from more of a 'client' perspective

Sex and the law - how women make us all richer, NZ Lawyer

Survey shows striking differences; Gender diversity in top management is simply good business

Two weeks after this article was published, the ECONOMIST published articles with similar findings: The Conundrum of the Glass Ceiling and Helping Women Get to the Top (contact us for more information)

How client-focused are you really? RainToday (with Patrick J McKenna, Edge International)

It's up to law firms to take action in setting how their clients measure the value they provide

Court strips General Counsel's privilege, Corporate Lawyer

Managing risks of the modern corporate counsel with mixed legal and commercial roles

The Quest for Seamless Service: Ensuring Consistency with Multioffice Law Firms, ACC Docket

Ronald F Pol and Patrick J McKenna - To secure more benefits from convergence, what can organisations do when their preferred law firms' other offices fail to measure up to the high standards of the main office?

Marketing value, LawTalk

What it means for lawyers to market the value of legal services (second article of two)

Clients seek value, LawTalk
International report shows corporate clients need more than just great service. (first article of two)

House message: Media management for in-house counsel, Lawyers Weekly

How in-house counsel help maintain their employer’s reputation, by Richard Levick

Increase legal department value: Establish a goal focus, ACC Docket (with J & R Hansen)

Communicate with management in goal-focused terms that demonstrate value

Corporate Culture: The mortar that binds best governance, Boardroom (NZ Institute of Directors)

Critical importance of organisational culture in effective compliance programs

Corporate lawyers walk over hot coals, Law Talk
Corporate ‘retreat’ designed specifically for teamwork, fun, and lasting benefit
Can’t get no satisfaction: the law and its customers, LawTalk
What’s right and what’s wrong with the delivery of legal services?

Get More Value from Outside Counsel: Show them the Flipside, ACCA Docket (now ACC Docket)

IIn-house counsel deliver more value by helping outside counsel become more client-focused.

Noisy silent withdrawal’ & ‘up the ladder’ exemption, Lawyers Weekly

US corporate governance and conduct rules sought to extend to non-US lawyers.

(An earlier related article on this topic is Of snakes, ladders, academics and long-arm jurisdiction, Lawyers Weekly)

Privilege, in-house counsel and lawyers as team players, Lawyers Weekly

Teamwork between in-house and outside counsel encourages open debate and value delivery

Crisis at the Top – is time running out for boards and directors, NZ Management

The state of corporate governance in New Zealand after international collapses

Stop Rain Dancing! – 5 management habits for in-house lawyers, J&R Hansen, ACCA Docket (now ACC Docket) Summary of management habits for not getting bogged down with ‘stuff’

Removing hidden legal costs, NZ Business
Hidden costs from inefficiencies in the legal process itself

The efficient resolution of commercial disputes, Law Talk

Outlines some key issues with and possible improvements to the discovery process

Seven steps to value-added legal services, NZ Business
A method for encouraging lawyers to deliver a more effective, and valuable, service

Capabilities of effective in-house counsel, Law Talk
Attributes and capabilities for corporate counsel

The ideal external lawyer, Law Talk
Key characteristics sought by corporate clients in selecting external counsel

Justice Brad Giles, Law Talk 1999

Access to justice is served by judges empowered to progress cases effectively and efficiently. Justice Giles' death was premature, for what he might have achieved by an incisively analytical yet decisive style.



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