Archive for July, 2010

PHOTO-People on Puzzle Pieces-iStock_000008002627XSmallToday’s interview is with Chad Adler, a purchasing expert at a manufacturing company in the pacific northwest. Chad manages diverse commodities such as information technology (software and hardware), travel, and marketing. He also touches on legal services.

What do you like about your company?

If you understand the importance of process, then my company particularly values your talents and wants to develop these kinds of employees in a variety of roles to maximize their positive impact. My company also trusts its employees to make timely decisions and provides them with a strong degree of authority.

What is your negotiating approach?

We often start with a request for information (”RFI“).  Generally, in any RFI, there are critical questions that must have complete, compelling answers or we won’t go forward. Once I’m looking at a leading vendor after the RFI, I check with that vendor to see if they want to do an elaborate written contract on their paper (or our own).  If not, we can move more quickly because I can put the contract on our internal purchase order to protect our company with standard terms. Frankly, the typical purchasing manager in the corporate world is so busy, that if there is not a large amount of money on the line for a given deal, it is preferable to do the deal under a purchase order.

We’ve also had success using online reverse auctions, which are a creative idea to have an existing supplier bid against other suppliers to reduce the fees they charge for a given commodity. This is usually a valuable opportunity for the existing supplier because, in an auction, we are usually offering more business across my company Fluke then they previously served.

How do you handle negotiations from a purchasing perspective?

Our first focus is to work with the end user within our company who we are supporting.  We establish the internal expectations as to when they want the deal to be in place as well as the budget that needs to be met.  We generally pay net 75 days or via our corporate credit card. I also ask suppliers as to what they have done in the past to reduce cost, and whether we can work together to come up with creative ideas to make their fees more competitive. Sometimes, using lower cost subcontractors for nonessential aspects of the deal can be effective. It’s also vital to factor in the total cost of a deal, such as shipping costs, discounts, and rebates, that reduce the total cost of ownership on any arrangement.

What do you think of using strategic sourcing for legal services?

This opportunity depends on the company culture.  At my company, the culture is very open to considering new ideas.  Given the current state of the economy, it’s important to not leave any stone unturned in the purchasing space. At other companies, there is probably a good deal of resistance by legal departments to sourcing legal services due to control issues.

But isn’t the key expertise of an attorney better applied on challenging, unique legal issues rather than negotiating payment terms? It’s important to keep in mind the current situation where in-house counsel maintains the law firm relationship, thus the strategic sourcing of legal services does not need to end that traditional approach. We can layer over the relationship our objective research (from third party experts) to negotiate with law firms regarding such issues as hourly rate decreases, rate freezes, and payments via corporate credit card.  Many times, firms don’t like the idea of using a corporate credit card because of the merchant processing fee, but there’s a tremendous value proposition as well because the firm is getting paid more quickly.

Moreover, bringing a purchasing expertise into the legal department is a great way to ensure that budget parameters can be more easily met. Another interesting method that companies might consider is to use an outside consultant with extensive legal and strategic sourcing expertise to negotiate on behalf of the legal department.

Thank you, Chad.

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Recently I came across the question: “How can IT/ Technology innovation help a firm win business?”

I would instead reframe the question as: “How can a firm define its knowledge management and litigation/transactional processes, then support them with technology innovation?” Spending on technology tools without a clear idea of exactly how they will be plugged into your biggest intellectual assets – the knowledge and processes you use to perform superior to the competition – will not result in a good return on investment. In fact, poor use of technology tools, no matter how innovative they are, can actually result in a negative result, compromising productivity.

Having spent years as in-house counsel at a Fortune 500 company, the client perspective is that we are under tremendous pressure to get our hands around our outside counsel budgets. At the same time, we often face pressure from corporate procurement departments who want to take over our management of outside legal services. A law firm can assert a leadership role here in business development by taking large clients by the hand into the world of legal services strategic sourcing.

This approach means that the client relationship focuses on supply management: defining the best in class performance for a law firm, driving out the waste and inefficiency that makes the cost and time lines of legal projects difficult to predict, and using flat fee arrangements (with protections to provide a comfort zone for the firm) to achieve budget certainty and overall annual savings for similar services. Once you’ve taken this approach by defining your knowledge management and processes, technology tools can be extremely effective in driving the highest level of productivity among your people so that the firm can reduce hours expended on a project and make an alternative fee arrangement highly profitable.

The failure of knowledge management professionals in most law firms is to closely align their work with business development, which is the lifeblood of any firm. In all my years as in-house counsel, only one firm ever touted their knowledge management capability, supporting technology, and alternative fee arrangements. That firm captured all of our real estate legal services needs.

Also, bear in mind that technology tools do not have to be expensive. Even using word processor macros (which are already built into the word processing software you already have) can result in a tremendous increase in productivity via document creation. Low cost “software as a service” tools exist as well and are offered at a fraction of the cost of traditional enterprise software.

In sum, the first challenge is placing someone in a leadership role to define processes and knowledge management from a business development perspective, the second challenge is finding the most cost effective, high quality technology tools to support that approach.

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requests(at)whichdraft(dot)com (973) 457-1186

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