the role of the contract manager in the legal department

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Jason Smith Senior Director and Legal Counsel APTTUS Corporation | 1400 Fashion Island Blvd. Suite 200 San Mateo, CA 94404 [email protected] | +1-650-539-2052 The Role of the Contract Manager in the Legal Department 2014 Chief Legal Officer Leadership Forum Wednesday, September 17, 2014 Chicago, IL

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Jason Smith, Senior Director and Legal Counsel for Apttus, discussed challenges in contract management and how strategic decision-making can provide a competitive advantage during his presentation at the 2014 Chief Legal Officer Leadership Forum in Chicago on Sept. 17. In his presentation, Smith noted the contract manager plays a strategic role in organizations today. Smith pointed out how an organization deals with contracts can have far-flung effects. There are big differences between lawyers and non-lawyers, Smith added, and general counsels often are expected to do “more with less,” especially when it comes to contract management: “In the corporate world, legal [departments are] often nervous about empowering the non-lawyers to make decisions. But at the same time, the themes that we keep hearing through all of these discussions are that legal is just not equipped to handle every single aspect of the business. The standard line is ‘do more with less.’ So we don’t want to keep taking more information and more tasks related to the commercial management of contracts.” An organization that devotes the necessary time and resources to preparing a contract and resolving issues that may arise along the way can succeed, according to Smith. If an organization is focused on contract management, Smith noted, it can minimize conflicts as a contract moves up an organizational hierarchy: “I think there’s kind of a happy middle ground as you move up the stages of contract maturity where you can start implementing basic processes and start mandating certain things. Then you can kind of go across business units with the contract management, and it’s not until you’ve made some strides in the contract maturity model that you can really understand and define who should be doing contract and commercial management.” - See more at: http://www.argylejournal.com/general-counsel/2014-chief-legal-officer-leadership-forum-jason-smith-senior-director-legal-counsel-apttus/#sthash.UIydJOql.dpuf

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Page 1: The Role of the Contract Manager in the Legal Department

Jason SmithSenior Director and Legal Counsel

APTTUS Corporation | 1400 Fashion Island Blvd. Suite 200 San Mateo, CA 94404 [email protected] | +1-650-539-2052

The Role of the Contract Manager in the Legal Department

2014 Chief Legal Officer Leadership ForumWednesday, September 17, 2014

Chicago, IL

Page 2: The Role of the Contract Manager in the Legal Department

Everyone’s Talking

® APTTUS 2014

Page 3: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

“Practice” of Law

Give legal advice

Accept cases

Set fees

Appear in court

Plan strategy

Make legal decisions

Chart directions of a case

Page 4: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Draft Contracts

Point of contact for clients

Evaluate economic impact

Negotiate directly w/clients

Monitor competitive terms

Recommend redlines

Manage process compliance

Contract Manager Job Description

Give legal advice

Accept cases

Set fees

Appear in court

Plan strategy

Make legal decisions

Chart directions of a case

Page 5: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

“Sales Prevention Department”

Contracting Process

Sales

Legal

Page 6: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Viewing the Contract

What will go right?

What could gowrong?

Page 7: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Legal documents

Understand Regulatory

Environment

Manage Terms & Conditions

Drive Commercial Policy

Structure Deals

Negotiate Post-Award Policies

So Who Should Manage Contracts?

Page 8: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Trade-offs

Risk Noncompliance

Efficiency Productivity

Page 9: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Ad Hoc

Basic

Structured

Integrated

Optimized

Contract Management Maturity

Page 10: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Contract Management: Strategic vs. Operational

Strategic

Operational

Page 11: The Role of the Contract Manager in the Legal Department

Defining the Role of the Contract Manager

• IACCM study reveals 60 variants of “Contract Manager” job title

• Common task: Ensure commitments are aligned with organization goals and policies

• Non-lawyer Contract Manager: Responsibility without Authority

• Lawyer as Contract Manager: Time well spent?

® APTTUS 2014

Page 12: The Role of the Contract Manager in the Legal Department

® APTTUS 2014

Achieving Synergism with Technology

Page 13: The Role of the Contract Manager in the Legal Department

SALES

LEGAL

FINANCE

DEAL DESK

CUSTOMER

Contract Playbook

Page 14: The Role of the Contract Manager in the Legal Department

1. Non-lawyers become self sufficient

2. Legal confident in compliance

3. Inquiries to Legal reduced

4. Risk management may increase elsewhere

5. Synergy between Commercial and Legal functions

® APTTUS 2014

Legal and Commercial Synergy

Page 15: The Role of the Contract Manager in the Legal Department

Jason SmithSenior Director and Legal [email protected]

linkedin.com/in/jasonsmithesq/

Member, State Bar of Texas Corporate Counsel Section

Editorial Board, ABA Law Practice Management Today Magazine

Past Chair, State Bar of Texas Computer & Technology Section

Named to HTexas Magazines’ 2014 Top Houston Lawyers (Technology)

Nominee, 2014 ILTA Thought Leader of the Year Award

Thank You!

APTTUS Corporation | 1400 Fashion Island Blvd. Suite 200 San Mateo, CA 94404 [email protected] | +1-650-539-2052