Canadian Lawyer InHouse

NOVEMBER 2016 42 INHOUSE team will know what you are doing and so will your department. You have to make sure everyone is buying in. Otherwise, all you have is a piece of paper," says Miller, senior counsel at Hilgers Graben PLLC in Dallas, who also writes a regular blog for the in-house counsel sector. Drafting a plan for the legal de- partment can be a challenge, says Miller, because it also has to be fl ex- ible in the event the goals of the com- pany change. According to Miller, a strategic plan can be divided into three main baskets. "Develop cost certainty and effi ciency in your day- to-day operations. What is my client's satisfaction and how will I measure that? Then there is succession plan- ning and talent development. This area often gets overlooked. How can I develop talent, internally and with external counsel?" says Miller. Richard Stock, a Toronto-based consultant who advises legal departments on business practices, says any plan must deal with more than just costs. "Otherwise, it is just a budget plan," says Stock, found- ing partner of Catalyst Consulting. "There has to be an alignment of legal services with the strategic business plan of the company," he explains. "This is a business process which has been late in coming to legal," notes Stock. He also cautions against any plan appearing too "legal-centric," which would reduce the odds of it being effective. "It has to pass the SMART [specifi c, mea- surable, achievable, relevant, time-bound] test," he says. At Pfi zer Canada, the challenge in for- L a w D e p a r t m e n t M a n a g e m e n t THE WORLD OF STRATEGIC planning can often seem confusing and overpopulat- ed with buzzwords and acronyms such as SWOT or SMART. For an in-house legal department though, a well-crafted set of goals that are measurable can both contrib- ute to a company meeting its overall goals and also highlight the value of the legal ser- vices that are being provided. As a result, legal departments are increas- ingly drafting their own strategic plans, distinct, yet complementary to the corpora- tions they serve. The plans themselves are more formal and broader than dealing only with budgetary issues and cost control. Ultimately, a strategic plan for a legal de- partment is "all about a basket of choices," says Jonathan Cullen, vice president legal affairs and general counsel at Pfi zer Canada Inc. "What positions your department for a long-term advantage? A vision is good, but it is not enough, it is not a map," says Cullen. The challenge, of course, is crafting a map with enough specifi c details that will enable the legal team to understand its own goals and to then be able to measure its progress for the benefi t of the corporation. The fi rst thing to remember in coming up with a strategic plan for the legal depart- ment is to try to avoid jargon, says Cullen. "Everything sounds more important if you slap the word "strategic" on it. But the plan should use basic language. You should be able to get it, even if you have just been hired," he suggests. A detailed yet clearly written plan will also make it easier for the legal team to carry out its objectives, says Sterling Miller, former general counsel at Sabre and Travelocity. com in the United States. "The executive mulating a strategic plan is that "it means doing something different. That increases risk," Cullen says. While legal departments are usually asked for advice on ways to re- duce uncertainty, often after the fact, risk is not always a negative concept, he explains. "Legal advice can encourage thoughtful risk that may result in a competitive advan- tage. Are you getting reward from the risk?" he asks. Any strategic plan must also show an understanding of the company's overall mission and goals, states Cullen. "You need a strategy to support," he states. To do this, one of the tasks of the general counsel is to assess the "business acumen" of the lawyers A true plan for the legal department Having a strategic plan shows your department has an eye toward actively supporting the business. BY SHANNON KARI

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