The following In-house Advisor practice note Produced in partnership with Paul Gilbert and Lawrence Smith of LBC Wise Counsel provides comprehensive and up to date legal information covering:
Performance management is part leadership, part creating the right environment, part having an appropriate strategy and part ensuring individual contribution has a sense of purpose and direction.
In-house lawyers work best when they feel an empathy with their business, a sense of being part of the team. In other words, you should be trying to create a purpose for your work that goes beyond the activity.
However, asserting purpose and commitment is not enough. If this is to happen, then action and change to behaviour will be needed too. This note sets out ideas that help in-house lawyers deliver their service with purpose; in other words helping in-house lawyers to make their own contribution to their performance management.
Many organisations look at performance management through the prism of proprietary frameworks, such as the 'balanced scorecard' and variations of this. These are a mix of targeted hard indicators and soft, financial indicators and qualitative, as well as quantitative measures.
The essence of this approach is to create consistency and focus. This is important, but does not address how to deliver performance. The ten ideas that follow are generic, but focused very much on how in-house lawyers can deliver value and be aligned to company strategy. In doing so, it is easier to see their contribution and therefore any gaps in performance are also easier to discern and therefore to
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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