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Choosing the right outside counsel is a strategic business decision—not just a legal one. As legal matters become more specialized and budgets face increased scrutiny, many companies rely on trusted legal advisors to help evaluate, select, and, in some cases, manage other law firms, particularly for complex or high-stakes work.
At the core of this approach is a trust-based relationship between client and advisor, and the confidence that counsel can bring disciplined, experience-informed judgment to the selection process. At OGC, our attorneys add another dimension: firsthand insight gained from serving in senior in-house and business leadership roles. Drawing on that experience, we help clients evaluate and select outside counsel based on the factors that most directly affect outcomes, cost, and day-to-day effectiveness.
1. Expertise and Experience
A business-minded evaluation begins with whether counsel has the substantive and practical experience required to handle the matter efficiently. The right lawyer not only understands the law, but can anticipate challenges, calibrate advice, and deliver solutions that work in practice.
Key considerations include:
- Demonstrated experience in the specific legal area relevant to the matter
- Success handling matters of similar scope, complexity, or risk
- Familiarity with the broader commercial context, including industry dynamics, regulatory environment, and risk profile
2. Cost Structure and Value
Evaluating outside counsel requires looking beyond hourly rates to understand how fees align with scope, risk, and expected outcomes. Transparency and predictability are often as important as headline pricing.
Key considerations include:
- Alignment between fees, legal budgets, and business priorities
- Clarity, predictability, and flexibility in billing arrangements
- Overall cost-to-value relationship, including staffing efficiency
3. Compatibility and Communication
Selecting outside counsel that aligns with a company's culture and communication style can reduce friction, improve efficiency, and help legal teams stay focused on business priorities.
Key considerations include:
- Willingness to adapt to internal processes and collaborate with stakeholders
- Responsiveness and clarity in communications
- A proactive approach to identifying issues and providing guidance
4. Resources and Infrastructure
A law firm's structure and infrastructure often play a significant role in its ability to support legal work effectively. The goal is ensuring the right level of support—without unnecessary overhead or complexity.
Key considerations include:
- Ability to support related legal needs as matters evolve
- Demonstrated commitment to client-focused service
- Capacity to scale resources appropriately as demands increase
5. Managing Outside Counsel
Even the right outside counsel requires thoughtful oversight to ensure effectiveness and accountability. Key elements of effective management include:
- Role clarity: Clearly defined responsibilities between in-house teams and outside counsel to avoid duplication and inefficiency
- Communication cadence: Regular check-ins to maintain alignment as matters evolve
- Performance management: Ongoing assessment and feedback to support accountability and continuous improvement
- Technology and visibility: Use of spend-tracking and document-management tools to improve coordination and cost control
GC provides outside general counsel services to companies of all sizes, offering project-based support, subject-matter expertise, and day-to-day GC services through a team of partner-level business attorneys. For more information visit: Outside General Counsel Corporate Legal Services.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
