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Legal Department Survey
Europe, Middle East & Africa

2012

In association with:
Thank You
To all who contributed this year, we hope you
find this document useful. As always we are
very interested to hear your feedback and
suggestions for future editions.

2
Contents

Introduction....................................................... 4
Company’s EMEA Headquarters....................... 6
Company’s Global Headquarters....................... 8
Company’s Industry Sector.............................10
Revenues & Legal Spend.................................11
Team Size & Reporting Lines...........................12
Department Structures & Responsibility...........14
Languages Spoken.........................................17
Internal & External Work Split...........................18
Fully Loaded Cost Per Lawyer.........................22
Mission Critical................................................23
Team Building..................................................25
Where Will Departments Be Hiring...................29
Introduction &
Profile of Respondents
In spring 2012, Laurence Simons and the
Association of Corporate Counsel (ACC) invited law
departments to complete a benchmarking survey
about their teams in Europe, the Middle East and
Africa (EMEA).
At the end of the research process, 114 legal
departments had responded to the survey, with
top-level contributions from General Counsel
(accounting for 50% of respondents), Deputy
General Counsel, Heads of Legal, Legal Directors
and Company Secretaries.
*  eferences to the 2008 results are to the EMEA Legal
R
Department Survey produced by Laurence Simons
and Rees Morrison.

4
The companies represented were
headquartered in 17 countries, with US (42%),
UK (12%), and French businesses (11%)
comprising almost two-thirds of respondent
organisations. The largest number of individual
respondents were UK-based (24%), followed
by France (14%) and Switzerland (11%).
The respondents were drawn from a
wide range of industry sectors. Of those
represented, the most prominent were
Manufacturing and Engineering (13%),
Life Sciences (11%), IT/Software and
Services (9%) and IT/Electronics (9%).

Job Title

8%

Senior Counsel

11%

Deputy General Counsel

6%

Other

50%

General Cousel

7%

Head of Legal

11%

Legal Director

7%

Company Secretary

5
Company’s EMEA Headquarters

2% North America

6
31% UK
14% France

1% Russia

2% Nordics

9% Belgium
2% Ireland

13% Switzerland

8% Germany

1% Spain

7% Netherlands
1% Singapore

4% Middle East

5% Italy

7
Company’s Global Headquarters

42% North America

1% Brazil

8
12% UK
11% France

1% Russia

4% Nordics
3% Belgium

4% Switzerland
2% Northern
Ireland

3% Germany

3% Japan

3% Australia
3% Luxembourg

1% Netherlands

1% India

3% Middle East

3% Italy

9
Company’s Industry Sector

Chemicals
Defence
Energy
Financial Services
IT Electronics
IT Software  Services
Leisure  Hospitality
Life Sciences
Logistics
Media

Manufacturing  Engineering
Mining
Not for Profit
Professional Services
Property  Construction
Retail  FMCG
Services
Telecoms
Transport
Waste Management

10

3%
2%
6%
8%
9%
9%
2%
11%
6%
2%
13%
2%
1%
2%
2%
7%
5%
6%
3%
1%
Revenues  Legal Spend
The average EMEA revenue of respondents
was €2.28bn (with a high of €12bn) and
average global revenue was €8.41bn
(with a high of €61bn).
With regards to total internal legal spend,
the average for all respondents was €3.8m,
albeit the highest recorded internal spend
was €30m.
The average total external legal spend
(including law firms, vendors and expert
witnesses) for all respondents was
€5.8m, with the highest recorded
spend being €45m.
This gives an average total (internal plus
external spend) legal spend of €9.6m
for all respondents.
Based on previous surveys, revenue per
lawyer across the EMEA region seems to
be decreasing, down to €217.1m from an

average €244.3m in 2008. This may partly
be due to reduced business revenues, but
is more likely a result of a relative increase
in departmental size; General Counsel and
Heads of Legal look to reduce their external
legal expenditure and legal risks by bringing
more work in-house.
However regarding worldwide revenue per
lawyer the trend seems to be going the
other way. Average revenue per lawyer is
up to €215.6m from €146.9m in 2008.
This may be a measure of increasing
efficiency on a global level but reflecting
the more challenging business and legal
environments notably across Europe
since the onset of the financial crisis and
economic downturn, demanding close
management at the local level and as
companies have looked to reduce total
external spend in the face of increased
budgetary pressures (and revenue
uncertainty).

Revenue per lawyer
Average EMEA revenue
Average EMEA department size (practising lawyers)
Average EMEA revenue per lawyer
Average worldwide revenue
Average worldwide department size (practising lawyers)
Average worldwide revenue per lawyer

€2,280,000,000
10.5
€217,142,857
€8,410,000,000
39
€215,641,025

11
Team Size  Reporting Lines
In terms of reporting lines, the vast
majority of the most senior legal officers
at respondent companies (76%) reported
directly to the Chief Executive Officer. The
EMEA General Counsel overwhelmingly
reported to the Group General Counsel.
A minority of respondents reported to the
Chief Financial Officer.
The average size of EMEA legal teams
reporting directly or indirectly to the Head of
Legal for EMEA is 10.5, albeit with a range
of responses varying between one and 120.
This is in contrast to an average of
39 practising lawyers in respondent
organisations’ legal departments worldwide,
with a range of responses from one to 212.

The average number of other staff
supporting EMEA lawyers is 3.3, but with
a higher proportion of respondents (29%)
citing that they do not employ any further
non-lawyers in their departments.
Since 2008 the average number of support
staff per lawyer has fallen from 2.8 to 2.3.
This may reflect a growing complexity of
legal issues departments are seeing that
require more highly qualified personnel.
However this may also be due to budgetary
pressures, as departmental Heads have
sought to concentrate their resources more
towards practising lawyers than paralegals.
Respondents also commented that the use
of technology is continuing to have a negative
impact on the number of non-lawyer roles.

Paralegals and contract managers
(including legal assistants – other than
secretaries and administrative assistants
– who directly support lawyers) are now
an almost universal feature of EMEA legal
departments. The average number reported
by respondents was 4.5, with a range
running from zero to 30.

4.5
2.3

12

Average number of
paralegals across EMEA
Average number of support
staff per lawyer
Did you have any secondees from law firms or legal staffing
agencies during 2011?

YES

25%

NO 75%
25% of respondents report that they
routinely utilise secondees from law firms
or contract lawyers from dedicated staffing
agencies over the past year.

Among those legal departments that reported
using external short-term assistance, the
most common reason was as cover for an
existing full-time team member being on
family leave. However, respondents also
cited cost savings and avoiding adding
another headcount as reasons for resourcing
in this manner.

13
Department Structures  Responsibility
As to how EMEA legal
departments are most routinely
structured, respondents report
a variety of methods used. Only
a minority (3%) organise their
lawyers by area of law, while
around 12% prefer to delineate
responsibility by business
line and slightly more (14%)
preferring geography.

A significantly larger number
utilise a combination of factors,
with a quarter (25%) organising
themselves by business line and
geography. Less than one in
ten (9%) of respondents utilise
a mix of geography and area of
law or business line and area
of law. The largest numbers of
respondents however prefer to
adopt a combination of all three
options; area of law, business
line and geography (28%).

How is your legal team structured?
12%
Business Line

14%
Geography

3%
Areas of Law

25%
Business Line / Geography

9%
Geography / Area of Law

9%
Business Line / Area of Law

28%
Combination of all three

14
As to where legal departments
locate their lawyers within the
EMEA region, respondents have
lawyers located on average
in six territories, albeit some
have lawyers across up to 40
different territories. The most
common locations include
the UK (36% of respondents),
Germany (29%), France
(24%), Spain (12%), Belgium,
Switzerland and UAE (all 11%),
followed by Italy and The
Netherlands (both 9%).

Many respondents report
that they continue to have
significant business in territories
within the EMEA region, but
not on-the-ground in-house
legal expertise. In some cases
companies reported being
active across the region with
50+ in-house legal professionals
on the ground in only a few
jurisdictions. A number of
respondents did report having
contract negotiators in some of
these countries. Respondents
were also more likely to have
lawyers based in a country if the
business had a branch there
rather than just a subsidiary.

As to where legal departments locate their
lawyers within the EMEA region,
respondents have lawyers located
on average in six territories.

15
As to how companies provide
legal cover in these countries
or regions, over four-fifths (84%)
retain local external counsel,
14% have a member of the
in-house team qualified in the
jurisdiction but not based there,
while over two-thirds (69%)
have a member of the in-house
team who is not qualified in
the relevant jurisdiction but has
responsibility for matters there.

How do you provide legal cover in countries or regions where you
have no internal legal presence on the ground?

14%
16

69%
84%

Internal counsel not qualified in
jurisdiction but with responsibility

Internal counsel qualified in
jurisdiction but not based there

Local external
counsel
Languages Spoken
Broad geographic responsibility
inevitably means that legal
managers and individual lawyers
have to adapt to different
legal needs, systems and
local idiosyncrasies. Included
amongst these is the need to
simply communicate, with more
departments comprising of
more lawyers speaking a wider
range of languages.

It is rare for a legal department
to only operate in one language,
however in such cases the
language is English. Of the
languages spoken, English,
French, German and Spanish
feature most frequently.

Languages in which can communicate
with business people

Languages in which can
draft documents

Minimum

1

Minimum

1

Lower Quartile

3

Lower Quartile

2

Median

4

Median

3

Upper Quartile

6

Upper Quartile

5

Maximum

17

Maximum

15

17
Internal  External Work Split
As to the areas of law covered
by internal legal teams, the vast
majority of respondents (94%)
cover company and commercial
issues, with a significant number
also reporting that key issues
such as bribery and corruption
(72%) are areas of emphasis.
These areas are ahead of
competition and IP (both 66%),
labour and employee benefits
(63%) and IT and e-commerce
(60%).
Just over half of all respondents
manage disputes internally
(55%), while around a third
(32%) look after all real estate
and environmental or sector
specific regulatory issues (31%).
A clear minority of departments
manage banking or finance
(14%), insurance or reinsurance
(14%), insolvency and
restructuring (11%) or capital

18

markets (5%) matters. The
most commonly cited additional
areas of responsibility were data
protection and export control.
As to those areas of work most
routinely outsourced to law
firms, dispute resolution (70%) is
the stand out area, followed by
issue specific competition (37%)
and banking and finance (36%)
matters. These are just ahead
of labour and employee benefits
(33%), IP (28%), real estate and
environmental and tax
(both 30%).
Most respondents still send the
vast majority of their external
legal work to law firms, with
only 11% stating that they use
Legal Process Outsourcing
(LPO) firms or other alternative
providers.
Do you use any Legal Process Outsourcing firms or other
alternative providers?

YES

11%

NO 89%
Which areas of law do you mainly cover internally and which do you
tend to send to law firms?
Banking / Finance
Bribery / Corruption
Capital Markets
Company  Commercial
Competition
Dispute Resolution
Insolvency  Restructuring
Insurance  Reinsurance
IP
IT  e-Commerce
Labour  Employee Benefits
Real Estate  Environmental
Tax
Sector Specific Regulatory
10%

20%

30%

40%

50%

60%

70%

80%

100%

Areas of law covered internally
Areas of law do you tend to send to law firms
19
Internal legal spend per EMEA lawyer
Minimum internal spend

€153,000

Maximum internal spend

€30,000,000

Average total EMEA internal legal spend
Average EMEA department size (practising) lawyers
Average EMEA internal legal spend per (practising) lawyer

Despite the considerable
variation in internal spend
among respondents, the
average EMEA legal spend per
lawyer again remains relatively

€3,87m
10.5
€368,587

constant at €368,587. This is
only down slightly compared to
the average previous figure of
€373,541
in 2008.

External legal spend per EMEA lawyer
Minimum external spend

€70,000

Maximum external spend

€45,000,000

Average total EMEA external legal spend
Average EMEA department size (practising) lawyers
Average EMEA external legal spend per (practising) lawyer

A clear trend to come out of
the data this year has been
a reduction in external legal
spend by EMEA departments
based on previous findings,
down from an average of
€553,582 in 2008 to €482,680

20

– a drop in total external spend
of around 13%. This reflects
tighter legal budgets, tougher
price negotiations with external
providers and perhaps a desire
to bring more work in-house.

€5,07m
10.5
€482,680
EMEA total legal spend per lawyer
Average total EMEA legal spend

€9.6m (internal + external)

Average EMEA department size (practising) lawyers

10.5

Average EMEA legal spend per (practising) lawyer

Despite the evident fluctuations
in internal and external legal
spend and department size
by practising lawyer count, the
average EMEA legal spend
per EMEA lawyer nonetheless

€914,285

remains relatively constant
across departments when
compared to previous surveys,
at €914,285 against €915,827
in 2008.

Percentage of internal spend as a % of total legal spend
Average total EMEA legal spend

€9.6m (average internal + external spend)

Average Internal EMEA legal spend

€3.87m

Average internal EMEA legal spend as
a % of total legal spend

40.3%

Relative to total legal spend,
departments seem to be
reducing their internal legal
spend. Internal spend made up
an average of 40.3% of total
spend compared to 52.5%
in 2008.

21
Fully Loaded Cost Per Lawyer
Methodology
Average EMEA department size by practising lawyer
Multiply by an assumed
Average internal legal spend

10.5
1800 hours
€3.87m

Average fully-loaded cost per hour per lawyer

€204

Percentage of total legal spend as a % of total revenue
Average total EMEA legal spend
Average EMEA revenue
Average total EMEA legal spend as
a % of total EMEA revenue

By multiplying the number of lawyers in the
EMEA region by a presumed 1800 hours
this produces a presumed cost per hour
per lawyer. The results this year reflect a
remarkable turnaround in cost per hour
based on previous findings, even allowing
for currency variations and changing
respondent profiles.
The average fully-loaded cost per hour
per lawyer in 2012 comes out at €204,
significantly up from €178 in 2008, but
exactly matching that found in 2004.

22

€9.6m (average internal + external spend)
€2.28bn
0.42%

Relative to total EMEA revenue, legal
budgets also seem to have been reduced –
reflecting wider budgetary pressures across
businesses as a whole since the onset of
the economic downturn. Total legal spend
on average equates to 0.42% of total EMEA
revenue, down from 0.56% in 2008.
Mission Critical
As to those areas of legal work
that respondents deemed
mission critical over the past
year, top of the list was company
and commercial (65%),
followed by competition (33%),
bribery and corruption (29%)
– reflecting in part perhaps the
implementation of the UK Bribery
Act – and IP (29%).
Areas deemed less critical
include tax (6%), insolvency and
restructuring (5%) and real estate
and environmental (3%).

The outlook for many
respondents over the coming
year remains relatively clear, with
88% stating that they are unlikely
to see any change of focus over
the remainder of 2012.
With regards to how
departmental heads see the
current pressures on their
teams, a recurring focus is the
need to better understand the
business and increase value for
money; the internal legal team
needs to be regarded as a
more cost-effective and better
informed alternative to using (and
educating) external providers.

23
Which areas of law were mission critical in the past 12 months?
11%
Banking / Finance

29%
Bribery / Corruption

3%

Capital Markets

65%
Company  Commercial

33%
Competition

24%
Dispute Resolution

5%

Insolvency
 Restructuring

29%
IP

21%
IT  e-Commerce

14%
Labour  Employee Benefits

3%

Real Estate
 Env

6%
Tax

14%
Sector Specific Regulatory

Do you envisage this changing?

YES

24

NO

12%

88%
Team Building
Cost considerations are
clearly impacting on EMEA
departments’ recruitment
policies. Just over a half of all
respondents reported that they
had recruited externally in the first
quarter of 2012 (53%), marking a
significant upturn on last year.

Over the same period in 2011,
only 11% of respondents
reported having made an
external hire, a figure matched
for the second quarter of the
year. A drop, down to 9% of
respondents, was recorded in
the third quarter of 2011, with
only a relatively modest increase
(16%) recorded in the last
quarter of last year.

When did you last recruit externally?

11%
Q1 2011

11%
Q2 2011

53%
Q1 2012

9%
Q3 2011

16%
Q4 2011

25
As a percentage of your department, how many
leavers have you had in the last 12 months?

0% left
1-10% left
11-20% left
21-30% left
31-40% left
41-50% left
50% left

Such figures would seem to indicate that
departments are looking to grow. Reflecting
on the number of leavers, exactly half of all
respondents reported no leavers over the
last 12 months. Just under a third (29.5%)
lost between one and 10 percent, while
14.1% reported losing between 11 and 20
percent. A very small minority (6.4%) said
they lost more.

26
What have you found to be the most common reason for people
leaving the business?

4%

Retirement

23%

Redundancy

4%

Join Competitor

61%

Career progression

8%

Salary

The most common reason for people
leaving the business was career
progression (61%), followed by forced
redundancy (23%) and issues over
salary (8%).

27
Assuming no major merger or spin-off, how do
you envisage your legal department developing in
terms of size over the next 2 years?

48%

32%

20%

Increasing

Remaining
the same

Decreasing

Assuming no major merger
or spin-off, the majority of
respondents (48%) envisage
their legal departments
increasing in size over the next
two years. Around 32%
predict the status quo, while
a minority (20%) predict a
decrease in department size.

28
Where Will Departments Be Hiring?
Three jurisdictions stand out
as the focus for potential hiring
among respondents over the
next two years: the UK (12
companies), France (ten) and
Germany (ten). There does tend
to be a correlation between a
company’s headquarters and
the focus of their recruitment
goals, but it may also be that
these are key or growing
markets for each business.

Other significant hiring countries
include Ireland, Italy, Russia
and Sweden. Outside of the
EMEA region, most recruitment
emphasis appears to be – in
terms of focus – towards
Australia, Singapore, Brazil and
the US.

Next, in terms of priority
countries; the Netherlands
(six) and Switzerland (three),
while regionally it is Central and
Eastern Europe and the Middle
East – notably Dubai – that
stand out.

29
Laurence Simons

Founded in 1988, Laurence Simons is a
specialist international legal recruitment
consultancy. Our clearly stated vision is:
‘To be the world’s leading company in
legal recruitment by quality of service,
market reputation, calibre of employees
and global coverage’.
Operating across Europe, Russia, the
Middle East, Asia, North America and
Latin America, Laurence Simons truly is
an international recruiter. Our network
of offices is unique in the field of legal
recruitment and we have been pioneering
in serving new markets, in particular
across Europe and Latin America, the
Middle East, Russia and India.
We have effectively recruited in over 65
countries, as a result of our consultants
working together, providing a seamless
service across continents. We cover
the entire spectrum of permanent and
temporary legal positions in both the
Private Practice and In-House markets,
from Newly Qualified through to Partner
and General Counsel level roles.
30

For more information, visit
www.laurencesimons.com
The Association of
Corporate Counsel

The Association of Corporate Counsel
(ACC) is a global bar association that
promotes the common professional and
business interests of in-house counsel
who work for corporations, associations
and other private-sector organizations
through information, education,
networking opportunities and advocacy
initiatives.
With more than 29,000 members in more
than 75 countries, employed by over
10,000 organizations, ACC connects its
members to the people and resources
necessary for both personal and
professional growth. By in-house counsel,
for in-house counsel.®
For more information, visit www.acc.com

31
Naveen Tuli

Jim Merklinger

Global Managing Director

VP  General Counsel

Laurence Simons

ACC

P: +44 (0)20 7645 8504

P: +1 202 293 4103

E: Naveen.tuli@laurencesimons.com

E: Merklinger@acc.com

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Legal department survey 2012. europe, middle east & africa

  • 1. Legal Department Survey Europe, Middle East & Africa 2012 In association with:
  • 2. Thank You To all who contributed this year, we hope you find this document useful. As always we are very interested to hear your feedback and suggestions for future editions. 2
  • 3. Contents Introduction....................................................... 4 Company’s EMEA Headquarters....................... 6 Company’s Global Headquarters....................... 8 Company’s Industry Sector.............................10 Revenues & Legal Spend.................................11 Team Size & Reporting Lines...........................12 Department Structures & Responsibility...........14 Languages Spoken.........................................17 Internal & External Work Split...........................18 Fully Loaded Cost Per Lawyer.........................22 Mission Critical................................................23 Team Building..................................................25 Where Will Departments Be Hiring...................29
  • 4. Introduction & Profile of Respondents In spring 2012, Laurence Simons and the Association of Corporate Counsel (ACC) invited law departments to complete a benchmarking survey about their teams in Europe, the Middle East and Africa (EMEA). At the end of the research process, 114 legal departments had responded to the survey, with top-level contributions from General Counsel (accounting for 50% of respondents), Deputy General Counsel, Heads of Legal, Legal Directors and Company Secretaries. * eferences to the 2008 results are to the EMEA Legal R Department Survey produced by Laurence Simons and Rees Morrison. 4
  • 5. The companies represented were headquartered in 17 countries, with US (42%), UK (12%), and French businesses (11%) comprising almost two-thirds of respondent organisations. The largest number of individual respondents were UK-based (24%), followed by France (14%) and Switzerland (11%). The respondents were drawn from a wide range of industry sectors. Of those represented, the most prominent were Manufacturing and Engineering (13%), Life Sciences (11%), IT/Software and Services (9%) and IT/Electronics (9%). Job Title 8% Senior Counsel 11% Deputy General Counsel 6% Other 50% General Cousel 7% Head of Legal 11% Legal Director 7% Company Secretary 5
  • 7. 31% UK 14% France 1% Russia 2% Nordics 9% Belgium 2% Ireland 13% Switzerland 8% Germany 1% Spain 7% Netherlands 1% Singapore 4% Middle East 5% Italy 7
  • 8. Company’s Global Headquarters 42% North America 1% Brazil 8
  • 9. 12% UK 11% France 1% Russia 4% Nordics 3% Belgium 4% Switzerland 2% Northern Ireland 3% Germany 3% Japan 3% Australia 3% Luxembourg 1% Netherlands 1% India 3% Middle East 3% Italy 9
  • 10. Company’s Industry Sector Chemicals Defence Energy Financial Services IT Electronics IT Software Services Leisure Hospitality Life Sciences Logistics Media Manufacturing Engineering Mining Not for Profit Professional Services Property Construction Retail FMCG Services Telecoms Transport Waste Management 10 3% 2% 6% 8% 9% 9% 2% 11% 6% 2% 13% 2% 1% 2% 2% 7% 5% 6% 3% 1%
  • 11. Revenues Legal Spend The average EMEA revenue of respondents was €2.28bn (with a high of €12bn) and average global revenue was €8.41bn (with a high of €61bn). With regards to total internal legal spend, the average for all respondents was €3.8m, albeit the highest recorded internal spend was €30m. The average total external legal spend (including law firms, vendors and expert witnesses) for all respondents was €5.8m, with the highest recorded spend being €45m. This gives an average total (internal plus external spend) legal spend of €9.6m for all respondents. Based on previous surveys, revenue per lawyer across the EMEA region seems to be decreasing, down to €217.1m from an average €244.3m in 2008. This may partly be due to reduced business revenues, but is more likely a result of a relative increase in departmental size; General Counsel and Heads of Legal look to reduce their external legal expenditure and legal risks by bringing more work in-house. However regarding worldwide revenue per lawyer the trend seems to be going the other way. Average revenue per lawyer is up to €215.6m from €146.9m in 2008. This may be a measure of increasing efficiency on a global level but reflecting the more challenging business and legal environments notably across Europe since the onset of the financial crisis and economic downturn, demanding close management at the local level and as companies have looked to reduce total external spend in the face of increased budgetary pressures (and revenue uncertainty). Revenue per lawyer Average EMEA revenue Average EMEA department size (practising lawyers) Average EMEA revenue per lawyer Average worldwide revenue Average worldwide department size (practising lawyers) Average worldwide revenue per lawyer €2,280,000,000 10.5 €217,142,857 €8,410,000,000 39 €215,641,025 11
  • 12. Team Size Reporting Lines In terms of reporting lines, the vast majority of the most senior legal officers at respondent companies (76%) reported directly to the Chief Executive Officer. The EMEA General Counsel overwhelmingly reported to the Group General Counsel. A minority of respondents reported to the Chief Financial Officer. The average size of EMEA legal teams reporting directly or indirectly to the Head of Legal for EMEA is 10.5, albeit with a range of responses varying between one and 120. This is in contrast to an average of 39 practising lawyers in respondent organisations’ legal departments worldwide, with a range of responses from one to 212. The average number of other staff supporting EMEA lawyers is 3.3, but with a higher proportion of respondents (29%) citing that they do not employ any further non-lawyers in their departments. Since 2008 the average number of support staff per lawyer has fallen from 2.8 to 2.3. This may reflect a growing complexity of legal issues departments are seeing that require more highly qualified personnel. However this may also be due to budgetary pressures, as departmental Heads have sought to concentrate their resources more towards practising lawyers than paralegals. Respondents also commented that the use of technology is continuing to have a negative impact on the number of non-lawyer roles. Paralegals and contract managers (including legal assistants – other than secretaries and administrative assistants – who directly support lawyers) are now an almost universal feature of EMEA legal departments. The average number reported by respondents was 4.5, with a range running from zero to 30. 4.5 2.3 12 Average number of paralegals across EMEA Average number of support staff per lawyer
  • 13. Did you have any secondees from law firms or legal staffing agencies during 2011? YES 25% NO 75% 25% of respondents report that they routinely utilise secondees from law firms or contract lawyers from dedicated staffing agencies over the past year. Among those legal departments that reported using external short-term assistance, the most common reason was as cover for an existing full-time team member being on family leave. However, respondents also cited cost savings and avoiding adding another headcount as reasons for resourcing in this manner. 13
  • 14. Department Structures Responsibility As to how EMEA legal departments are most routinely structured, respondents report a variety of methods used. Only a minority (3%) organise their lawyers by area of law, while around 12% prefer to delineate responsibility by business line and slightly more (14%) preferring geography. A significantly larger number utilise a combination of factors, with a quarter (25%) organising themselves by business line and geography. Less than one in ten (9%) of respondents utilise a mix of geography and area of law or business line and area of law. The largest numbers of respondents however prefer to adopt a combination of all three options; area of law, business line and geography (28%). How is your legal team structured? 12% Business Line 14% Geography 3% Areas of Law 25% Business Line / Geography 9% Geography / Area of Law 9% Business Line / Area of Law 28% Combination of all three 14
  • 15. As to where legal departments locate their lawyers within the EMEA region, respondents have lawyers located on average in six territories, albeit some have lawyers across up to 40 different territories. The most common locations include the UK (36% of respondents), Germany (29%), France (24%), Spain (12%), Belgium, Switzerland and UAE (all 11%), followed by Italy and The Netherlands (both 9%). Many respondents report that they continue to have significant business in territories within the EMEA region, but not on-the-ground in-house legal expertise. In some cases companies reported being active across the region with 50+ in-house legal professionals on the ground in only a few jurisdictions. A number of respondents did report having contract negotiators in some of these countries. Respondents were also more likely to have lawyers based in a country if the business had a branch there rather than just a subsidiary. As to where legal departments locate their lawyers within the EMEA region, respondents have lawyers located on average in six territories. 15
  • 16. As to how companies provide legal cover in these countries or regions, over four-fifths (84%) retain local external counsel, 14% have a member of the in-house team qualified in the jurisdiction but not based there, while over two-thirds (69%) have a member of the in-house team who is not qualified in the relevant jurisdiction but has responsibility for matters there. How do you provide legal cover in countries or regions where you have no internal legal presence on the ground? 14% 16 69% 84% Internal counsel not qualified in jurisdiction but with responsibility Internal counsel qualified in jurisdiction but not based there Local external counsel
  • 17. Languages Spoken Broad geographic responsibility inevitably means that legal managers and individual lawyers have to adapt to different legal needs, systems and local idiosyncrasies. Included amongst these is the need to simply communicate, with more departments comprising of more lawyers speaking a wider range of languages. It is rare for a legal department to only operate in one language, however in such cases the language is English. Of the languages spoken, English, French, German and Spanish feature most frequently. Languages in which can communicate with business people Languages in which can draft documents Minimum 1 Minimum 1 Lower Quartile 3 Lower Quartile 2 Median 4 Median 3 Upper Quartile 6 Upper Quartile 5 Maximum 17 Maximum 15 17
  • 18. Internal External Work Split As to the areas of law covered by internal legal teams, the vast majority of respondents (94%) cover company and commercial issues, with a significant number also reporting that key issues such as bribery and corruption (72%) are areas of emphasis. These areas are ahead of competition and IP (both 66%), labour and employee benefits (63%) and IT and e-commerce (60%). Just over half of all respondents manage disputes internally (55%), while around a third (32%) look after all real estate and environmental or sector specific regulatory issues (31%). A clear minority of departments manage banking or finance (14%), insurance or reinsurance (14%), insolvency and restructuring (11%) or capital 18 markets (5%) matters. The most commonly cited additional areas of responsibility were data protection and export control. As to those areas of work most routinely outsourced to law firms, dispute resolution (70%) is the stand out area, followed by issue specific competition (37%) and banking and finance (36%) matters. These are just ahead of labour and employee benefits (33%), IP (28%), real estate and environmental and tax (both 30%). Most respondents still send the vast majority of their external legal work to law firms, with only 11% stating that they use Legal Process Outsourcing (LPO) firms or other alternative providers.
  • 19. Do you use any Legal Process Outsourcing firms or other alternative providers? YES 11% NO 89% Which areas of law do you mainly cover internally and which do you tend to send to law firms? Banking / Finance Bribery / Corruption Capital Markets Company Commercial Competition Dispute Resolution Insolvency Restructuring Insurance Reinsurance IP IT e-Commerce Labour Employee Benefits Real Estate Environmental Tax Sector Specific Regulatory 10% 20% 30% 40% 50% 60% 70% 80% 100% Areas of law covered internally Areas of law do you tend to send to law firms 19
  • 20. Internal legal spend per EMEA lawyer Minimum internal spend €153,000 Maximum internal spend €30,000,000 Average total EMEA internal legal spend Average EMEA department size (practising) lawyers Average EMEA internal legal spend per (practising) lawyer Despite the considerable variation in internal spend among respondents, the average EMEA legal spend per lawyer again remains relatively €3,87m 10.5 €368,587 constant at €368,587. This is only down slightly compared to the average previous figure of €373,541 in 2008. External legal spend per EMEA lawyer Minimum external spend €70,000 Maximum external spend €45,000,000 Average total EMEA external legal spend Average EMEA department size (practising) lawyers Average EMEA external legal spend per (practising) lawyer A clear trend to come out of the data this year has been a reduction in external legal spend by EMEA departments based on previous findings, down from an average of €553,582 in 2008 to €482,680 20 – a drop in total external spend of around 13%. This reflects tighter legal budgets, tougher price negotiations with external providers and perhaps a desire to bring more work in-house. €5,07m 10.5 €482,680
  • 21. EMEA total legal spend per lawyer Average total EMEA legal spend €9.6m (internal + external) Average EMEA department size (practising) lawyers 10.5 Average EMEA legal spend per (practising) lawyer Despite the evident fluctuations in internal and external legal spend and department size by practising lawyer count, the average EMEA legal spend per EMEA lawyer nonetheless €914,285 remains relatively constant across departments when compared to previous surveys, at €914,285 against €915,827 in 2008. Percentage of internal spend as a % of total legal spend Average total EMEA legal spend €9.6m (average internal + external spend) Average Internal EMEA legal spend €3.87m Average internal EMEA legal spend as a % of total legal spend 40.3% Relative to total legal spend, departments seem to be reducing their internal legal spend. Internal spend made up an average of 40.3% of total spend compared to 52.5% in 2008. 21
  • 22. Fully Loaded Cost Per Lawyer Methodology Average EMEA department size by practising lawyer Multiply by an assumed Average internal legal spend 10.5 1800 hours €3.87m Average fully-loaded cost per hour per lawyer €204 Percentage of total legal spend as a % of total revenue Average total EMEA legal spend Average EMEA revenue Average total EMEA legal spend as a % of total EMEA revenue By multiplying the number of lawyers in the EMEA region by a presumed 1800 hours this produces a presumed cost per hour per lawyer. The results this year reflect a remarkable turnaround in cost per hour based on previous findings, even allowing for currency variations and changing respondent profiles. The average fully-loaded cost per hour per lawyer in 2012 comes out at €204, significantly up from €178 in 2008, but exactly matching that found in 2004. 22 €9.6m (average internal + external spend) €2.28bn 0.42% Relative to total EMEA revenue, legal budgets also seem to have been reduced – reflecting wider budgetary pressures across businesses as a whole since the onset of the economic downturn. Total legal spend on average equates to 0.42% of total EMEA revenue, down from 0.56% in 2008.
  • 23. Mission Critical As to those areas of legal work that respondents deemed mission critical over the past year, top of the list was company and commercial (65%), followed by competition (33%), bribery and corruption (29%) – reflecting in part perhaps the implementation of the UK Bribery Act – and IP (29%). Areas deemed less critical include tax (6%), insolvency and restructuring (5%) and real estate and environmental (3%). The outlook for many respondents over the coming year remains relatively clear, with 88% stating that they are unlikely to see any change of focus over the remainder of 2012. With regards to how departmental heads see the current pressures on their teams, a recurring focus is the need to better understand the business and increase value for money; the internal legal team needs to be regarded as a more cost-effective and better informed alternative to using (and educating) external providers. 23
  • 24. Which areas of law were mission critical in the past 12 months? 11% Banking / Finance 29% Bribery / Corruption 3% Capital Markets 65% Company Commercial 33% Competition 24% Dispute Resolution 5% Insolvency Restructuring 29% IP 21% IT e-Commerce 14% Labour Employee Benefits 3% Real Estate Env 6% Tax 14% Sector Specific Regulatory Do you envisage this changing? YES 24 NO 12% 88%
  • 25. Team Building Cost considerations are clearly impacting on EMEA departments’ recruitment policies. Just over a half of all respondents reported that they had recruited externally in the first quarter of 2012 (53%), marking a significant upturn on last year. Over the same period in 2011, only 11% of respondents reported having made an external hire, a figure matched for the second quarter of the year. A drop, down to 9% of respondents, was recorded in the third quarter of 2011, with only a relatively modest increase (16%) recorded in the last quarter of last year. When did you last recruit externally? 11% Q1 2011 11% Q2 2011 53% Q1 2012 9% Q3 2011 16% Q4 2011 25
  • 26. As a percentage of your department, how many leavers have you had in the last 12 months? 0% left 1-10% left 11-20% left 21-30% left 31-40% left 41-50% left 50% left Such figures would seem to indicate that departments are looking to grow. Reflecting on the number of leavers, exactly half of all respondents reported no leavers over the last 12 months. Just under a third (29.5%) lost between one and 10 percent, while 14.1% reported losing between 11 and 20 percent. A very small minority (6.4%) said they lost more. 26
  • 27. What have you found to be the most common reason for people leaving the business? 4% Retirement 23% Redundancy 4% Join Competitor 61% Career progression 8% Salary The most common reason for people leaving the business was career progression (61%), followed by forced redundancy (23%) and issues over salary (8%). 27
  • 28. Assuming no major merger or spin-off, how do you envisage your legal department developing in terms of size over the next 2 years? 48% 32% 20% Increasing Remaining the same Decreasing Assuming no major merger or spin-off, the majority of respondents (48%) envisage their legal departments increasing in size over the next two years. Around 32% predict the status quo, while a minority (20%) predict a decrease in department size. 28
  • 29. Where Will Departments Be Hiring? Three jurisdictions stand out as the focus for potential hiring among respondents over the next two years: the UK (12 companies), France (ten) and Germany (ten). There does tend to be a correlation between a company’s headquarters and the focus of their recruitment goals, but it may also be that these are key or growing markets for each business. Other significant hiring countries include Ireland, Italy, Russia and Sweden. Outside of the EMEA region, most recruitment emphasis appears to be – in terms of focus – towards Australia, Singapore, Brazil and the US. Next, in terms of priority countries; the Netherlands (six) and Switzerland (three), while regionally it is Central and Eastern Europe and the Middle East – notably Dubai – that stand out. 29
  • 30. Laurence Simons Founded in 1988, Laurence Simons is a specialist international legal recruitment consultancy. Our clearly stated vision is: ‘To be the world’s leading company in legal recruitment by quality of service, market reputation, calibre of employees and global coverage’. Operating across Europe, Russia, the Middle East, Asia, North America and Latin America, Laurence Simons truly is an international recruiter. Our network of offices is unique in the field of legal recruitment and we have been pioneering in serving new markets, in particular across Europe and Latin America, the Middle East, Russia and India. We have effectively recruited in over 65 countries, as a result of our consultants working together, providing a seamless service across continents. We cover the entire spectrum of permanent and temporary legal positions in both the Private Practice and In-House markets, from Newly Qualified through to Partner and General Counsel level roles. 30 For more information, visit www.laurencesimons.com
  • 31. The Association of Corporate Counsel The Association of Corporate Counsel (ACC) is a global bar association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other private-sector organizations through information, education, networking opportunities and advocacy initiatives. With more than 29,000 members in more than 75 countries, employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com 31
  • 32. Naveen Tuli Jim Merklinger Global Managing Director VP General Counsel Laurence Simons ACC P: +44 (0)20 7645 8504 P: +1 202 293 4103 E: Naveen.tuli@laurencesimons.com E: Merklinger@acc.com