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NewLaw Paradigm: Contract
Management
6 February 2014
THE PRESENTERS
Jason McQuillen
Head of Managed Legal Services at radiant.law
Experienced commercial contracts lawyer who has worked extensively in-house as well
as in private practice. Leading the charge at radiant.law to invent how to support portfolios
of contracts in smarter ways.

David R. Chamberlin
Head of Legal Services at Cognia Law
Former US transactional lawyer who has successfully managed major contract
management Legal Process Outsourcing engagements from a variety of offshore and
nearshore jurisdictions for Fortune/Global 500 companies. At Cognia Law, David is
responsible for the design and delivery of client services.

2
EXECUTIVE SUMMARY
• Part 1: The Legal Executive Challenge and End-to-End Support

• Part 2: Resourcing, Process and Technology
• Part 3: Pricing and Value
• Part 4: Case Studies and Closing Thoughts

3
PART ONE
LEGAL EXECUTIVE CHALLENGE AND END-TO-END SUPPORT

4
STRATEGIC OBJECTIVES
Demonstrating Value
Evolving Expectations

Gatekeeper Position

Sales

Procurement

Legal

Business

Skilled
lawyer

Reduce
risk / loss
Reducing of margin
cost of
delivery
(BTL)

Contribute
to value of
service
(ATL)

Finance

5
TAPPING INTO THE ECOSYSTEM
NewLaw is structured to provide expertise and systemic service
support into core functional contract management areas
NewLaw

Traditional Law
Firm: High-End
Ad Hoc Advice

Knowledge
Management

Content
Management

Legal
Process
Management

Performance
Management

6
CONTRACT LIFE-CYCLE
Providing Value At Each Phase
Below-the-Line
Design

Continuous
improvement

Production

Examples
• Legal Spend
• Risk Management
• Efficiency/Speed

NewLaw
Ongoing
management

Examples
• Self-Service
• ATL Value
• Remedies
• Analytics

Triage

Execution
and storage

Review and
negotiation

Above-the-Line

7
DESIGN
Focus on P&L

Maximise revenue

Minimise cost

- No benchmarking
- Minimum term
- No right of set off
- PCG

- Service description
- Flexibility in delivery
- Exclusive licence v ownership
- Limit liability

8
TRIAGE
Categorising Work

Higher-value / strategic

Legal Front Door
Low value /
risk

Client Legal

External Firms

NewLaw
Provider

Client
Business

BAU – extended
bandwidth

complexity

9
MANAGING CONTRACT PERFORMANCE
Legal can drive value through better integration with
implementation teams
• Change Management and Contract Performance Enablement critical

Pre-Award

Hand-Off

Performance

Termination

Feedback

• Performance Playbooks
• Contract Management Plans
• Informed Re-Negotiations
10
PART TWO
RESOURCING, PROCESS, AND TECHNOLOGY

11
BLENDED SHORING
Utilising a blended shoring paradigm that is geographically
tailored and fully integrated
U.K. Law Department Client
U.K. Law Firm
Front Office

Onshore
Commercial Lawyers

Optimal balance between
• Labour Arbitrage
• Talent
• Volume

South African
Offshore Teams

COMPLETE INTEGRATION

Optimal minimization of
expensive U.K. lawyers
utilization

12

12
SOUTH AFRICA’S LPO ADVANTAGE






Mature domestic market
World-class strengths in
financial services and
legal services
Large experienced pool
of legal talent



Large scale English language
talent pool with neutral accent
Cultural affinity with UK




2.
2 Deep domain
skills

Costs 30–50% lower than
competitive source markets
Narrowing cost differential
with low-cost locations

3.
3 Significant
cost savings

1.
1 Skilled, Englishspeaking talent pool

5.
5 Robust enabling
environment

4.
4 First World
experience






Attractive investment climate and
strong public sector support
Rapidly improving telecoms
Political and socio-economic
stability




First World infrastructure
Superior quality of life for expats.
EU time zone similarities and
ease of access

13
INTEGRATED OPERATIONS
Multi-disciplined and Defined Hand-offs
Service delivery

Operational
delivery

Offshore team
performing operational
delivery against
playbooks

Judgment calls

Onshore business
facing
lawyer, closely
integrated with client

Highly experienced
onshore
lawyer, doing
judgement calls and
governance
Highly experienced
offshore
lawyer, doing
QA, judgement calls
and governance

Offshore Cross Disciplinary Team

14
PROCESS
Mapping and Workflow
Client Paper

DMAIC

Define

Measure

Analyze
Control

Improve

15
TECHNOLOGY
Speed, Quality and Consistency
Document
Automation

‣ Allows creation of
tailored contracts
leveraging standardised
terms
‣ Speeds up the
contracting process

Playbooks

‣ Capture preferred and
fall back positions

Workflow

‣ Improves efficiency

Word
Extensions

‣ Speed up the document
review process

‣ Greater transparency
‣ Drive greater
consistency and faster
turn-around times.

‣ Find errors and
automate common timeconsuming tasks.

‣ Increases consistency

16
PART THREE
PRICING AND VALUE

17
PRICING AND VALUE
Predictable, Transparent and Risk-sharing
Output pricing

Value principles

‣ Incentivises innovation and investment

‣ Real fixed fees

‣ Pricing could be based on a fixed charge for a block of
work, a unit rate per contract (PxQ) or a combination of
fixed and unit rate (PxQ + X pricing).

‣ Service Levels and Services Credits
‣ Charges based on performance against agreed
metric, including BTL and ATL value

‣ Risk for areas of high degree of influence

Cost per unit

Px Q + X
PxQ

Volume

18
PART FOUR
CASE STUDIES AND CLOSING THOUGHTS

19
CASE STUDIES
The model in use

Supplier

Customer

Brief
•
•

Support data / saas sales team in finance
industry to close contracts faster
High volume based on client’s paper

Brief
•
•
•

Support legal team servicing the IT and
marketing procurement
Varying complexity on client or supplier’s paper
Onsite presence

Actions
Actions
•
•

•

Consolidate standard terms and automate
production of first draft
Implement playbook of pre-authorised fall-back
positions
Iterate according to data: business value versus
risk mitigation

•
•

•

Results
•
•

Consistently meet or beat SLA - 30 hours
Drastically increase speed to closure

Implement intake and triage process
Playbooks for various products: risk review,
contract support, deal support
Onshore and offshore support based on
complexity
Results

•
•

Reduce number of draft turns
Reduce time a contract “with legal”

20
CLOSING THOUGHTS
• Understanding Law Department Objectives
• Limitations of OldLaw structures
• The Power of Providing Systemic Contract Management Support
• NewLaw Advantages

21
ABOUT radiant.law
radiant.law is a UK-regulated law firm that was launched in
2011 by partners from leading firms. We are focused on
delivering a better experience and more business value for
clients, through a combination of:
Pricing certainty: all our transactional work is performed on
fixed price or equivalent basis and we do not keep
timesheets – we believe we are selling value, not time.
Experienced lawyers: all of our lawyers have worked at
market-leading US and UK firms. All projects are handled
by senior lawyers through every stage. We are used to
delivering to the high standards and timeframes expected
by multinational clients.
Innovation: we use advanced technology and processes to
collaborate with clients to improve work product and keep
costs down.

Chambers: “Since its formation in January 2011, this niche
technology firm has established a formidable reputation in the
market for its handling of a range of outsourcing work, as well as
licensing, data centre work and software agreements”.
Legal 500: “Responsive, flexible, and focused on the commercial
workability of solutions”.
Richard Susskind: “The launch of radiant.law is an important
development – the future is creeping up on us”

Legal Industry Pioneers of 2013

22
ABOUT COGNIA LAW
Cognia Law is a next-generation legal outsourcing service
provider to global corporates and law firms founded with three
basic principles in mind:
• Provide commercial value to clients in quantifiable terms
• Remain technologically forward-thinking; and

Why is Cognia Law “next-generation”?
“Our Strategy”
We are redefining the strategic value proposition of legal
outsourcing as something more than myopic cost cutting through
offshoring. Our goal is to constantly push for improving efficiency
through an optimal balance between automation and rightshoring.

• Openly collaborate with the best innovators in the legal sector.
“Collaborating with Innovative Technology”
Cognia Law recognises that embracing new technology is the key
to optimising an outsourcing engagement. We also recognise that
remaining on the cutting edge means researching and partnering
with disruptive technology players.
“Leadership in Contract Management and Due Diligence”
Cognia Law’s emphasis is on the next frontier: applying a
powerful combination of project management work flows, process
automation, search technologies, virtual collaboration, and
advanced analytics reporting to construct next-generation contract
management and transactional due diligence services.
“Leveraging South Africa”
South Africa provides the professional resourcing advantages of
popular low-cost jurisdictions, like India, coupled with time zone
and cultural alignment with European countries, and best-in-class
communications skills.

23

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NewLaw Paradigm: Contract Management Insights

  • 2. THE PRESENTERS Jason McQuillen Head of Managed Legal Services at radiant.law Experienced commercial contracts lawyer who has worked extensively in-house as well as in private practice. Leading the charge at radiant.law to invent how to support portfolios of contracts in smarter ways. David R. Chamberlin Head of Legal Services at Cognia Law Former US transactional lawyer who has successfully managed major contract management Legal Process Outsourcing engagements from a variety of offshore and nearshore jurisdictions for Fortune/Global 500 companies. At Cognia Law, David is responsible for the design and delivery of client services. 2
  • 3. EXECUTIVE SUMMARY • Part 1: The Legal Executive Challenge and End-to-End Support • Part 2: Resourcing, Process and Technology • Part 3: Pricing and Value • Part 4: Case Studies and Closing Thoughts 3
  • 4. PART ONE LEGAL EXECUTIVE CHALLENGE AND END-TO-END SUPPORT 4
  • 5. STRATEGIC OBJECTIVES Demonstrating Value Evolving Expectations Gatekeeper Position Sales Procurement Legal Business Skilled lawyer Reduce risk / loss Reducing of margin cost of delivery (BTL) Contribute to value of service (ATL) Finance 5
  • 6. TAPPING INTO THE ECOSYSTEM NewLaw is structured to provide expertise and systemic service support into core functional contract management areas NewLaw Traditional Law Firm: High-End Ad Hoc Advice Knowledge Management Content Management Legal Process Management Performance Management 6
  • 7. CONTRACT LIFE-CYCLE Providing Value At Each Phase Below-the-Line Design Continuous improvement Production Examples • Legal Spend • Risk Management • Efficiency/Speed NewLaw Ongoing management Examples • Self-Service • ATL Value • Remedies • Analytics Triage Execution and storage Review and negotiation Above-the-Line 7
  • 8. DESIGN Focus on P&L Maximise revenue Minimise cost - No benchmarking - Minimum term - No right of set off - PCG - Service description - Flexibility in delivery - Exclusive licence v ownership - Limit liability 8
  • 9. TRIAGE Categorising Work Higher-value / strategic Legal Front Door Low value / risk Client Legal External Firms NewLaw Provider Client Business BAU – extended bandwidth complexity 9
  • 10. MANAGING CONTRACT PERFORMANCE Legal can drive value through better integration with implementation teams • Change Management and Contract Performance Enablement critical Pre-Award Hand-Off Performance Termination Feedback • Performance Playbooks • Contract Management Plans • Informed Re-Negotiations 10
  • 11. PART TWO RESOURCING, PROCESS, AND TECHNOLOGY 11
  • 12. BLENDED SHORING Utilising a blended shoring paradigm that is geographically tailored and fully integrated U.K. Law Department Client U.K. Law Firm Front Office Onshore Commercial Lawyers Optimal balance between • Labour Arbitrage • Talent • Volume South African Offshore Teams COMPLETE INTEGRATION Optimal minimization of expensive U.K. lawyers utilization 12 12
  • 13. SOUTH AFRICA’S LPO ADVANTAGE     Mature domestic market World-class strengths in financial services and legal services Large experienced pool of legal talent  Large scale English language talent pool with neutral accent Cultural affinity with UK   2. 2 Deep domain skills Costs 30–50% lower than competitive source markets Narrowing cost differential with low-cost locations 3. 3 Significant cost savings 1. 1 Skilled, Englishspeaking talent pool 5. 5 Robust enabling environment 4. 4 First World experience     Attractive investment climate and strong public sector support Rapidly improving telecoms Political and socio-economic stability   First World infrastructure Superior quality of life for expats. EU time zone similarities and ease of access 13
  • 14. INTEGRATED OPERATIONS Multi-disciplined and Defined Hand-offs Service delivery Operational delivery Offshore team performing operational delivery against playbooks Judgment calls Onshore business facing lawyer, closely integrated with client Highly experienced onshore lawyer, doing judgement calls and governance Highly experienced offshore lawyer, doing QA, judgement calls and governance Offshore Cross Disciplinary Team 14
  • 15. PROCESS Mapping and Workflow Client Paper DMAIC Define Measure Analyze Control Improve 15
  • 16. TECHNOLOGY Speed, Quality and Consistency Document Automation ‣ Allows creation of tailored contracts leveraging standardised terms ‣ Speeds up the contracting process Playbooks ‣ Capture preferred and fall back positions Workflow ‣ Improves efficiency Word Extensions ‣ Speed up the document review process ‣ Greater transparency ‣ Drive greater consistency and faster turn-around times. ‣ Find errors and automate common timeconsuming tasks. ‣ Increases consistency 16
  • 18. PRICING AND VALUE Predictable, Transparent and Risk-sharing Output pricing Value principles ‣ Incentivises innovation and investment ‣ Real fixed fees ‣ Pricing could be based on a fixed charge for a block of work, a unit rate per contract (PxQ) or a combination of fixed and unit rate (PxQ + X pricing). ‣ Service Levels and Services Credits ‣ Charges based on performance against agreed metric, including BTL and ATL value ‣ Risk for areas of high degree of influence Cost per unit Px Q + X PxQ Volume 18
  • 19. PART FOUR CASE STUDIES AND CLOSING THOUGHTS 19
  • 20. CASE STUDIES The model in use Supplier Customer Brief • • Support data / saas sales team in finance industry to close contracts faster High volume based on client’s paper Brief • • • Support legal team servicing the IT and marketing procurement Varying complexity on client or supplier’s paper Onsite presence Actions Actions • • • Consolidate standard terms and automate production of first draft Implement playbook of pre-authorised fall-back positions Iterate according to data: business value versus risk mitigation • • • Results • • Consistently meet or beat SLA - 30 hours Drastically increase speed to closure Implement intake and triage process Playbooks for various products: risk review, contract support, deal support Onshore and offshore support based on complexity Results • • Reduce number of draft turns Reduce time a contract “with legal” 20
  • 21. CLOSING THOUGHTS • Understanding Law Department Objectives • Limitations of OldLaw structures • The Power of Providing Systemic Contract Management Support • NewLaw Advantages 21
  • 22. ABOUT radiant.law radiant.law is a UK-regulated law firm that was launched in 2011 by partners from leading firms. We are focused on delivering a better experience and more business value for clients, through a combination of: Pricing certainty: all our transactional work is performed on fixed price or equivalent basis and we do not keep timesheets – we believe we are selling value, not time. Experienced lawyers: all of our lawyers have worked at market-leading US and UK firms. All projects are handled by senior lawyers through every stage. We are used to delivering to the high standards and timeframes expected by multinational clients. Innovation: we use advanced technology and processes to collaborate with clients to improve work product and keep costs down. Chambers: “Since its formation in January 2011, this niche technology firm has established a formidable reputation in the market for its handling of a range of outsourcing work, as well as licensing, data centre work and software agreements”. Legal 500: “Responsive, flexible, and focused on the commercial workability of solutions”. Richard Susskind: “The launch of radiant.law is an important development – the future is creeping up on us” Legal Industry Pioneers of 2013 22
  • 23. ABOUT COGNIA LAW Cognia Law is a next-generation legal outsourcing service provider to global corporates and law firms founded with three basic principles in mind: • Provide commercial value to clients in quantifiable terms • Remain technologically forward-thinking; and Why is Cognia Law “next-generation”? “Our Strategy” We are redefining the strategic value proposition of legal outsourcing as something more than myopic cost cutting through offshoring. Our goal is to constantly push for improving efficiency through an optimal balance between automation and rightshoring. • Openly collaborate with the best innovators in the legal sector. “Collaborating with Innovative Technology” Cognia Law recognises that embracing new technology is the key to optimising an outsourcing engagement. We also recognise that remaining on the cutting edge means researching and partnering with disruptive technology players. “Leadership in Contract Management and Due Diligence” Cognia Law’s emphasis is on the next frontier: applying a powerful combination of project management work flows, process automation, search technologies, virtual collaboration, and advanced analytics reporting to construct next-generation contract management and transactional due diligence services. “Leveraging South Africa” South Africa provides the professional resourcing advantages of popular low-cost jurisdictions, like India, coupled with time zone and cultural alignment with European countries, and best-in-class communications skills. 23