spendmatters
 

May 21, 2012

 

Complex Category Tips: Finance and Legal (Part 1)

Late last year, Spend Matters had the chance to catch up with a number of the category management leaders at ICG Commerce in the areas of finance/accounting and marketing spend. The insights we gleaned from these dialogues are at once fascinating and useful in terms of both engaging executives at organizations in allowing procurement to pursue these areas as well as providing the necessary tricks/tools of the trade when it comes to achieving and implementing results. In a series of posts looking at what Spend Matters learned from these discussions, I'll share a number of engagement approaches and general models for pursuing complex categories where executive spend owners aren't likely to be overly trusting or excited about having procurement take ownership of their spend baby at the outset (even when, in the back of their head, they probably know it's in the best interest of shareholders to do so). We'll start this investigation by looking at tips for pursuing and implementing savings in finance, tax, accounting and legal spend areas.

One of the first hurdles to engaging finance across their external spending decisions is simply getting a meeting that sets the right tone. CFOs, VPs of tax, treasurers, divisional controllers and general counsels can all be notoriously hard not only to pin down, but to actually convince that your organization is capable of helping them achieve savings without negative impact. ICG suggests that with these types of finance characters, the most important underlying principal of engagement is to establish credibility with subject matter expertise. Immediately in your first meeting, these folks must know that you know what you're talking about (e.g., accounting standards). It's also critical, as you've probably heard a thousand times already, to quickly suggest and backup with fact how your job is not to damage or stand in the way of existing relationships with current vendors.

For example, in the case of audit, the average tenure or relationship with a particular vendor in the Fortune 500 is over 25 years (yes, you read that correctly -- it is indeed a "partner" category, despite the fact that sourcing types know that leverage does exist within it). When talking about areas like audit, it is essential to show that if you're allowed to engage in a cost reduction effort, that you will not take some generic sourcing approach (e.g., a one-size 5 or 7 step strategic sourcing process does not necessarily fit all with finance). Often times, effecting material savings in audit comes down to more of a benchmarking exercise than anywhere else. After all, if an incumbent learns that they're outside a reasonable deviation with a directly comparable competitor, it would be poor form not to readjust their pricing in a relationship.

Legal spending presents a different set of unique challenges starting with the fact, as ICG suggests, that legal firms are selected based on expertise, not rates, as the desired outcome often far outweighs potential costs if things don't go as planned. Moreover, most legal organizations have little interest in rationalization-based approaches with their suppliers given the importance of specialization. This backdrop suggests, as with finance areas, that it can sometimes be important to achieve quick, material wins in lower risk/lower complexity sub-categories to prove relevance and build trust, where possible.

ICG suggests that specifically, proven, deep knowledge of legal processes in areas including intellectual property and litigation can go a long way to appeasing general counsels and legal/finance leadership that procurement organizations (and potentially third-party partners) are equipped to tackle the area. In addition, leveraging sets of legal category benchmarks to show relative costs -- that include rates -- can help earn trust as well. I would add to this the importance of taking a thin-slice approach on benchmarks. For example, NYC rates can often be different than even Philadelphia rates, even in highly specialized areas with similar skill sets (e.g., construction litigation). But more than just rate benchmarking, establishing knowledge with details on alternative fee structures, budgets and related cost savings initiatives can also go a long way to building credibility.

Stay tuned as we continue to discuss complex category savings and engagement tips in legal and other spend areas.

- Jason Busch


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Courtney Sapire & Joe Freedman's Gravatar It is sometimes true that “price is no object” for large companies when it comes to selecting law firms. It is also true that the risk of an unfavorable outcome can outweigh the potential costs associated with choosing one firm over another. However, as Rees Morrison will attest, “bet the company” matters actually account for a small percentage of the overall volume of legal work for the average Fortune 500 company. Today, there is a much higher level of scrutiny on law firm rates and legal spend. In fact, it is the number one concern among top legal officers.

In addition, there are very few firms without peers, or to use a business term, “competitors.” In the last two decades, the legal industry has undergone some fairly significant changes. It is no longer the case that a lawyer spends his or her entire career at the same firm. Like parity in the NFL, it is now very difficult for firms to retain all of their top talent on a long-term basis. Most lawyers today will practice in several firms over the course of their careers. As a result, the talent is spread among many firms, creating a highly competitive marketplace. Consequently, many legal organizations are, in fact, interested in rationalization-based approaches with their legal service providers. And while it’s definitely true that sourcing lower risk / lower complexity sub-categories of legal services (such as labor & employment, insurance defense litigation, or e-Discovery services) are easier pills to swallow for the legal department, even specialized practice areas are suitable candidates.

In terms of building trust with the legal department, we couldn’t agree more that legal category expertise and access to benchmarking data is essential for procurement organizations. To entrust the sourcing of legal services to procurement teams, in-house lawyers want assurance that the procurement group is sufficiently knowledgeable on: 1) how legal services are purchased and delivered, 2) how law firms staff and bill for client projects, and 3) how law firms earn money. Additionally, in order to know where savings can be realized, procurement teams desiring to manage legal spend must understand how those models change with different practice areas or sub-categories. But with potential savings on outside legal fees of 15% - 40%, general counsel are beginning to lend an ear to procurement these days.
# Posted By Courtney Sapire & Joe Freedman | 4/4/11 8:39 AM
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