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Is this a vision of the future? Mark Chandler, general counsel of Cisco Systems, the American internet infrastructure manufacturer, is sitting in a conference room in San Jose, yet, thanks to a staggeringly lifelike video link with the company’s London office (you, too, can have one for $300,000), it feels as if he is sitting across the table.
A few mouse clicks and up on screen flashes a PowerPoint presentation showing how Chandler has been revolutionising Cisco's legal department.
A general counsel in Silicon Valley for 19 years — he is dressed in standard California casual to prove it: salmon polo shirt, khaki slacks — Chandler has been general counsel at Cisco for the past six, overseeing a department that spends $38 million internally and almost $80 million a year on outside lawyers. He has set out to slash those costs by 20 per cent a year.
“More and more general counsel in the US are being managed like every other part of the business,” he says. “I can tell my boss good stories about how we beat some guy in litigation but what he really wants to know is, ‘Are you going to cost me more than you did in the last quarter?’”
In order to achieve this ambitious target, Chandler has sought to streamline Cisco’s legal operation by embracing the “core-context” workflow model popularised by business theorist Geoffrey Moore.
Cutting through the business school mumbo-jumbo, this essentially means that he has divided the work into the legal tasks that are essential to help the company design, make and sell products — such as protecting its intellectual property rights — and outsourcing or automating those that are peripheral. Cisco has only five lawyers overseeing securities compliance, four in litigation and one in employment; most of that work is farmed out to external advisers.
Chandler has drilled down further so that routine tasks that “won’t bring down the enterprise” if they go wrong are handled either entirely by outside law firms or have been standardised using technology.
Chandler is eager to demonstrate some of these innovations. He brings up on screen a software application for dealing with non-disclosure agreements.
“If we were going to enter into a non-disclosure agreement for the purpose of our discussion — which, admittedly, would be a strange thing to do with a newspaper — basically, I have to fill out a questionnaire. There are some trap doors where, if you answer wrong, you get to talk to a lawyer.”
In other words, a salesman in, say, Hong Kong, can enter talks with a third party without having to first wait days or weeks for permission from a lawyer, unless the agreement calls for something out of the ordinary.
“We do hundreds of these a month,” Chandler says. “It used to be a multi-part form that you would fill out and the canary coloured copy went to the legal department. It was a total waste of energy to circulate all this paper.”
A few more clicks and Chandler is on to demonstrating a tool for renewing contracts.
Let's say a distributor in the UK's contract was expiring on October 15. In the past, someone would have had to draw up a new contract and send it to various parties to sign before, ultimately, it was buried in a filing cabinet. Instead, Chandler has established a system where the legal department and the relevant account manager receive an e-mail when a contract is set to expire; if both approve it, a new document is automatically drafted, e-mailed to each party to sign electronically, and then archived — all without anyone having to actually handle a piece of paper.
Want to see more? Chandler has similar internet-based applications for approving press releases, managing patent applications and monitoring employees’ outside interests for potential conflicts. He has invested heavily in bespoke tools to improve discovery in litigation.
Cisco has also developed a “very, very sophisticated” knowledge management system that allows universal access to documents across the company. This was driven by Chandler’s frustration at obtaining information from head office during a stint in Paris before he became general counsel. Now, he says, “Anywhere in the world, 24/7, anyone who needs access to corporate documents can go get ‘em.”
Not content with establishing this within his own company, Chandler has contracted Orrick, Herrington & Sutcliffe, the San Francisco law firm, to build a standardised corporate secretarial tool that can be adopted by other companies.
“I showed them what I was spending on outside counsel to do all our corporate secretarial work,” he says, “and told them that if they could cut 20 per cent of the cost out, they could do it — but they had to do it through an automated tool that all law firms could use.”
Chandler has also been one of the leaders in developing Legal OnRamp, a service in conjunction with eight other Fortune 500 companies that will allow them to tap into participating law firms’ knowledge databases.
Recently, Chandler's 22-year-old daughter, a school teacher in New York, wanted to know if she could be claimed as a dependant for tax purposes (Chandler subsidises her income). After a quick search on the internet, he found a tax website that gave him the answer he needed: no, she couldn't. Why, he asks, can't that concept, that sort of ease of availability, be extended to company law?
“Take sweepstakes,” he explains. “Every company gives things away. Let’s say The Times decides to have all its reporters get together at a beach one day, and they have a raffle — is that legal? If all the news distributors show up, can you give something to them? We all have the same questions. Why are we paying lawyers hundreds of dollars an hour to go look this stuff up?”
Chandler says there is a growing movement of general counsel in the US ruthlessly looking to cut costs and improve efficiency — and not just at technology companies. Indeed, he singles out drug and tobacco companies, both of which have had to contend with large-scale litigation, as leaders in legal innovation.
“Virtually every big organisation has a couple of people in the legal department who are focused on technology,” he says. “I don’t know a big company that isn’t doing something. Everyone’s under a lot of pressure to find ways to be more efficient.”
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I agree fully with Mark. Legal services can be grouped into 4 areas: process, content, counselling and advocacy. Today's law firm business model, based almost completley on the billable hour, drives the firms to focus on the first two functions (which yield the most billable hours). However, law firms aren't particualry good (in terms of efficiency or structure) at either. One of Mark's fundamental points is that legal content is or should be readily accessbile, reusable and essentially free -- after all, as an in-house counsel I'm fond of saying "the only thing that I hate more than answeing the same question twice is paying to do so." We in house counsels do not benefit financially from such inefficiency -- indeed, it's just the opposite. If my team can harness our collective prior work, we can be much more efficient and much more consistent in our advice. Sharing that prior work with Mark, hoping that he will do so with us, provides exponential leverage
Jeff Carr, Houston, TX, USA
It cannot be doubted that technology is going to radically change the manner in which law firms and in-house law departments conduct legal research. One only needs to look at the current-generation of law students to see that the majority of law is now âfoundâ using online technology, rather than in dusty old-law reports. However the belief that law can is âfoundâ (whether manually or by an automated system as Mr Chandler suggests) is a false premise. The truth of a proposition of law is often a complex question, either because a given factual scenario is on a âborderlineâ (ie. a judgment call is needed to say whether or not the scenario is covered by a rule) or, more seriously, because it is a âhard caseâ - requiring a complex value-judgment. For instance, could any computer system determine whether an 18 hour curfew order amounts to a deprivation of liberty? Until any such system is developed, there will be a call for lawyers of all guises, from law lords to law graduates.
Robert Williams, London,