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Activate Legal Department Financial Management Capabilities

September 19, 2024 (4 min read)
legal department financial management capabilities featured by four lawyers at a desk discussing budgets and profit and loss statements

In the arena of legal department financial management, legal operations professionals must manage the critical aspects of operations, managing legal spend and budgets, tracking expenses, and ensuring compliance with financial regulations, to name a few.

In this blog post, we review some of the challenges and ways to improve featuring legal financial management software. Further, we explore enterprise legal management integrated with financial management applications.

Challenges of Legal Department Financial Management

Managing legal spend and budgets in a corporate legal department can be challenging due to several factors:

1. Unpredictability of legal matters: Legal matters can be complex and often unpredictable. This makes it difficult to accurately forecast and budget for associated costs. Unexpected developments, changes in scope, or prolonged litigation can significantly impact legal spend.

2. Lack of visibility and control: Without proper tools and processes in place, legal departments may struggle to gain visibility into legal spend across various matters and vendors. This lack of visibility can hinder effective cost management and control.

3. Decentralized spending: In many organizations, legal spend is decentralized, with different business units or departments engaging external legal services independently. This decentralization can make it challenging to consolidate and manage legal spend effectively. Moreover, the legal team has no control over outside counsel or other legal service providers, and this bodes poorly for an organized strategy.

4. Compliance and regulatory requirements: Legal departments must navigate various compliance and regulatory requirements, which can add complexity to financial management processes. Ensuring adherence to these requirements while managing legal spend can be a delicate balance.

5. Resistance to change: Implementing new financial management processes or technologies may face resistance from attorneys or staff accustomed to traditional methods. Overcoming this resistance and fostering adoption takes time, training, adjustment, and positivity, which can contribute to an additional layer of challenge for the legal operations manager.

6. Vendor management: Managing relationships with external legal service providers, negotiating fees, and ensuring compliance with billing guidelines can be a time-consuming and complex task, especially when dealing with multiple vendors. Beyond outside counsel in a law firm, some business units may hire independent contractors offering legal services or legal service providers that are not on a preferred vendor list. If this begins to occur throughout an organization, the general counsel should mitigate that risk and control these hiring decisions.

7. Data quality and integration: Accurate and timely data is crucial for effective legal spend management. However, legal departments may face challenges in integrating data from various sources, ensuring data quality, and extracting meaningful insights.

8. Justifying legal spend: Legal departments may face scrutiny from stakeholders and executives about justifying legal spend, particularly for high-cost matters or initiatives. Providing clear justifications and demonstrating the value of legal services become challenging priorities.

Recommendations to Improve Legal Department Financial Management

Addressing many of the challenges listed above often requires a combination of robust processes, technology solutions, collaboration with stakeholders, and a commitment to continuous improvement in legal operations and financial management practices. Here are some ways to improve the process of legal department financial management:

1. Implement a comprehensive budgeting process: Develop a detailed annual budget that aligns with the department's strategic goals and priorities. Involve key stakeholders, such as legal operations professionals, attorneys, and finance teams, in the budgeting process to ensure accurate forecasting and buy-in.

2. Utilize legal spend management software: Invest in legal spend management software or enterprise legal management (ELM) solutions to streamline financial processes. These tools can help track matter-related expenses, monitor budgets, generate reports, and provide real-time visibility into legal spend.

3. Establish matter pricing and billing guidelines: Develop clear guidelines for matter pricing, including alternative fee arrangements (AFAs) and billing practices. Ensure these guidelines are consistently applied across the department to maintain transparency and control costs.

4. Implement rigorous invoice review processes: Establish a robust invoice review process to ensure accuracy and compliance with billing guidelines. This may involve leveraging technology solutions for automated invoice review or employing dedicated invoice review teams.

5. Leverage data analytics and reporting: Utilize data analytics and reporting capabilities within legal spend management software or enterprise legal management solutions to gain insights into legal spend patterns, identify cost-saving opportunities, and make data-driven decisions.

6. Foster collaboration with finance teams: Maintain close collaboration with finance teams to ensure alignment on financial processes, reporting requirements, and compliance with corporate policies and regulations.

Use Enterprise Legal Management Software

Enterprise legal management solutions are often considered the most beneficial financial management solution for legal departments. Enterprise legal management solutions offer comprehensive capabilities for matter management, legal spend management, invoice review, and reporting. These solutions provide a centralized platform for managing legal operations, enabling better visibility, control, and optimization of legal spend.

Within a robust enterprise legal management solution, legal operations professionals can tap into AI-driven smart financial applications that assist with invoice analysis. These tools flag errors in law firm billing, automatically correct them, or mark them for review and negotiation. With invoices that number thousands of line items (likely for highly complex matters), it is nearly impossible to manually review billing. Automated financial management software is necessary.

Other services to consider include managed bill review that passes complex invoices over to a team of credible legal experts with experience in legal bill review. They can identify errors, understand the best solution or correction and also negotiate with the outside counsel accounting department to correct and adjust the final bill.

Having experts on hand to assist with the billing process is important to fee negotiations, as well. A legal department needs an arsenal of information to ensure that billing is accurate before it attempts to create alternative fee arrangements.

Legal department financial management requires technology to implement analytical reporting, analyze and correct vendor billing, document legal spend, and report to leadership about budget status. Adding a robust enterprise legal management solution provides these capabilities. Reach us to learn more about a robust solution to manage your corporate legal department.