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Legal Mosaic Essays on Legal Delivery

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<str<strong>on</strong>g>Legal</str<strong>on</strong>g> <str<strong>on</strong>g>Mosaic</str<strong>on</strong>g>: <str<strong>on</strong>g>Essays</str<strong>on</strong>g> <strong>on</strong> <str<strong>on</strong>g>Legal</str<strong>on</strong>g> <strong>Delivery</strong><br />

Bulking up and Flexing:<br />

The Shell Way<br />

Years ago a friend took me to Venice Beach to watch, in her words, “the<br />

curious freak show of men and women power lifting and flexing by the<br />

Pacific.” It was a strange scene and made me w<strong>on</strong>der, “Why are they<br />

doing this and who are they doing it for?” Years later, the bulking and<br />

flexing process is playing out in a very different place: the <str<strong>on</strong>g>Legal</str<strong>on</strong>g> Department<br />

of energy giant, Royal Dutch Shell (“Shell”). Only this time, the<br />

reas<strong>on</strong> for the display is obvious: Shell is an enormous c<strong>on</strong>sumer of legal<br />

services and has a great deal to gain from delivering and procuring them<br />

efficiently. It has simultaneously bulked up and streamlined its in-house<br />

legal department while also flexing its buying power by demanding<br />

greater value from outside counsel and circumscribing their use. Shell’s<br />

impressive show of strength and flexibility has yielded eye-catching results.<br />

Let’s take a closer look at what Shell’s OGC has d<strong>on</strong>e and why it<br />

may well portend where things are headed in the legal marketplace.<br />

Shell is a huge company, #2 behind <strong>on</strong>ly Walmart in the Global 500.<br />

So it should come as little surprise that Shell’s in-house legal department<br />

is large, numbering 650 attorneys and an additi<strong>on</strong>al 350 paralegals<br />

and staff. But what is noteworthy about this in-house behemoth<br />

is not so much its size but, rather, its recent rec<strong>on</strong>figurati<strong>on</strong> borne of<br />

strategic decisi<strong>on</strong>s that reflect a remarkably forward-thinking focus and<br />

executi<strong>on</strong>. Shell has—to extend the body-building metaphor—bulked<br />

up and trimmed fat internally while dem<strong>on</strong>strating flexibility, enabling<br />

it to insist that its outside firms “get fit” lest they lose Shell as a workout<br />

partner going forward. So what steps has Shell taken in its procurement<br />

(internal as well as external) and deployment of legal services and what<br />

are the implicati<strong>on</strong>s?<br />

73

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