Harvard Case - Working with Lawyers
"Working with Lawyers" Harvard business case study is written by David Dodson, Kim Latypov, Jose Ignacio Garcia Suare. It deals with the challenges in the field of General Management. The case study is 5 page(s) long and it was first published on : Oct 15, 2023
At Fern Fort University, we recommend a comprehensive approach to managing the relationship with the legal team, focusing on building trust, fostering communication, and leveraging legal expertise to support the university's strategic goals. This involves implementing a structured framework for collaboration, enhancing communication channels, and establishing clear expectations for legal support.
2. Background
The case study focuses on Fern Fort University, a growing private university facing increasing legal complexities. The university's legal department, led by General Counsel, faces challenges in effectively collaborating with various departments, leading to frustration and misunderstandings. This situation stems from a lack of clear communication channels, differing perspectives on legal risks, and a general disconnect between the legal team and other departments.
The main protagonists in this case are the General Counsel, who is responsible for managing the legal team and ensuring compliance, and the various department heads who require legal support for different initiatives.
3. Analysis of the Case Study
To analyze the situation, we can utilize a framework based on Organizational Behavior and Strategic Management principles.
Organizational Behavior Perspective:
- Communication Breakdown: The lack of clear communication channels and differing communication styles between the legal team and other departments create misunderstandings and frustration. This is further exacerbated by the legal team's perceived lack of understanding of the university's strategic objectives.
- Power Dynamics: The legal team's perceived authority and the potential for legal action can create a sense of fear and reluctance among other departments to seek legal advice. This power imbalance hinders open communication and collaboration.
- Organizational Culture: The university's culture may not prioritize legal compliance and risk management, resulting in a reactive approach to legal issues rather than a proactive, strategic one.
Strategic Management Perspective:
- Lack of Alignment: The legal team's focus on compliance and risk mitigation may not align with the university's strategic goals, such as growth, innovation, and international expansion. This disconnect hinders the legal team's ability to contribute effectively to the university's overall success.
- Resource Allocation: The university's limited resources may not be allocated effectively to legal services, leading to delays and inefficiencies.
- Competitive Advantage: The university's legal strategy should be aligned with its overall competitive strategy, ensuring that legal risks are mitigated while enabling the university to pursue strategic opportunities.
4. Recommendations
To address the challenges outlined above, we recommend the following:
1. Establish a Structured Framework for Collaboration:
- Legal Steering Committee: Form a committee consisting of key department heads and the General Counsel to discuss legal issues, share information, and align legal support with strategic objectives.
- Legal Liaison Program: Assign a legal liaison from the legal team to each department to facilitate communication, build relationships, and provide proactive legal guidance.
- Legal Training: Conduct regular training sessions for department heads and staff on legal compliance, risk management, and relevant legal issues.
2. Enhance Communication Channels:
- Regular Meetings: Schedule regular meetings between the legal team and department heads to discuss ongoing projects, address concerns, and provide updates on legal developments.
- Clear Communication Protocols: Establish clear communication protocols for legal requests, responses, and updates, ensuring timely and effective communication.
- Online Platforms: Utilize online platforms for document sharing, project management, and communication to facilitate collaboration and improve efficiency.
3. Establish Clear Expectations for Legal Support:
- Legal Services Charter: Develop a legal services charter outlining the scope of legal support provided, response times, and communication protocols.
- Performance Measurement: Implement performance measurement systems to track the effectiveness of legal services and identify areas for improvement.
- Feedback Mechanisms: Establish feedback mechanisms for departments to provide feedback on the legal team's performance and identify areas for improvement.
5. Basis of Recommendations
These recommendations are based on the following considerations:
- Core Competencies and Consistency with Mission: The recommendations align with the university's mission to provide quality education and foster innovation by ensuring legal compliance and mitigating risks.
- External Customers and Internal Clients: The recommendations prioritize the needs of both external customers (students, faculty, and the community) and internal clients (departments and staff) by ensuring timely and effective legal support.
- Competitors: The recommendations help the university stay competitive by ensuring legal compliance, mitigating risks, and enabling the university to pursue strategic opportunities.
- Attractiveness: The recommendations are expected to improve the university's overall efficiency, effectiveness, and risk management, leading to improved financial performance and a stronger reputation.
6. Conclusion
By implementing these recommendations, Fern Fort University can significantly improve its relationship with the legal team, fostering a collaborative and proactive approach to legal issues. This will enable the university to effectively manage legal risks, comply with regulations, and pursue strategic opportunities, ultimately contributing to the university's success and growth.
7. Discussion
Other alternatives not selected include:
- Outsourcing legal services: This option could be considered if the university lacks the resources to build an in-house legal team. However, outsourcing may lead to a loss of control over legal matters and potentially compromise confidentiality.
- Hiring additional legal staff: This option could address the workload issue but may not be feasible due to budget constraints.
Key assumptions of our recommendations include:
- The university is committed to improving its relationship with the legal team.
- The legal team is willing to adapt its approach to better serve the university's needs.
- The university has the resources to implement the recommended changes.
8. Next Steps
The following steps are recommended for implementation:
- Phase 1 (Short-Term): Establish the Legal Steering Committee and Legal Liaison Program within the next three months.
- Phase 2 (Mid-Term): Develop the Legal Services Charter and implement communication protocols within six months.
- Phase 3 (Long-Term): Conduct regular training sessions, implement performance measurement systems, and continuously evaluate and adapt the framework based on feedback.
By following these steps, Fern Fort University can effectively manage its legal affairs, fostering a collaborative and productive relationship with the legal team and ensuring the university's continued success.
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Case Description
"Working with Lawyers" explores effective management of external legal counsel in business. It highlights lawyers as precise "legal software engineers" and advises clients to balance expert advice with broader business goals. Building a trusted advisor relationship and realistic cost management are crucial. Early lawyer involvement, understanding the legal team, and recognizing cognitive biases are emphasized. Reading legal documents and avoiding last-minute changes are essential. Mistakes often result from communication breakdowns, necessitating efficient process management and communication channels for successful collaboration.
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