When to hire, what to keep inside, and how to structure it.
Esshaki Legal Media TeamCurrent as of May 2024
Growing companies reach a point where outside counsel alone is inefficient, and
the transition should be planned.
Trigger points. Legal spend at a level where a salary is cheaper; contract
volume requiring turnaround outside firm economics; regulatory obligations
requiring continuous attention; and a transaction or financing that changes the
governance burden.
First hire. A generalist who can handle commercial contracts, employment
questions, and the coordination of outside counsel — not a specialist in the
company’s most technical area, which is what firms are for.
What stays outside. Litigation, specialized regulatory work, transactions,
and anything requiring depth used occasionally.
Structure. Contract templates and a playbook with pre-approved fallback
positions, which is the single highest-return project for a new legal function.
A signature authority matrix. An intake process so that legal is engaged before
commitments are made rather than after.
Metrics. Turnaround time, contract cycle time, spend against budget, and
matters handled internally.
Privilege discipline. In-house lawyers give business advice, and the
privilege analysis is harder. Separate legal advice into identifiable
communications.
Board relationship. Direct access for the senior lawyer, and a defined
escalation path for matters that must reach the board.