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Why Waiting For A Crisis To Involve Legal Will Cost You Millions – Above the Law

When
Tara
Trantham
talks
about
the
cost
of
delay,
she
is
not
speaking
in
hypotheticals.
As
the
chief
legal
officer
of
a
billion-dollar
publicly
traded
company,
she
faced
simultaneous
investigations
from
the
Consumer
Financial
Protection
Bureau
and
the
Department
of
Justice.
Without
the
benefit
of
legal
technology
or
streamlined
processes,
she
and
her
team
had
to
manually
pull
five
years
of
legal
complaints
into
spreadsheets
for
multiple
agencies.

“It
took
five
years,”
Tara
recalled.
“And
it
cost
hundreds
of
millions
of
dollars
in
expenses
and
lost
productivity.”

The
impact
was
immediate.
On
the
day
the
company
had
to
publicly
disclose
the
investigation,
its
market
capitalization
dropped
by
roughly
$250
million.
The
operational
toll
was
just
as
severe.
While
the
legal
team
was
buried
in
document
collection,
the
business
teams
were
pulled
from
their
core
work
to
find
and
deliver
records.
Growth
slowed
while
compliance
consumed
the
organization.


Why
Early
Engagement
Matters

Tara
is
clear
about
the
lesson.
“If
we
had
embedded
legal
and
compliance
earlier
into
operational
processes,
and
had
the
right
technology
in
place,
we
could
have
reduced
the
time
from
years
to
months
and
saved
millions.”

The
insight
applies
well
beyond
regulatory
investigations.
In
contracting,
the
same
principle
holds.
When
legal
is
looped
in
only
after
a
dispute
arises
or
a
key
deadline
is
missed,
the
cost
of
remediation
is
far
higher
than
the
cost
of
prevention.
Poor
recordkeeping,
unclear
obligations,
and
missing
approval
workflows
create
the
same
kind
of
disruption
Tara
faced,
just
spread
across
more
contracts
and
more
stakeholders.


Tactical
Ways
To
Embed
Legal
Early


  1. Map
    The
    Process,
    Not
    Just
    The
    Policy

    Tara’s
    experience
    shows
    that
    knowing
    what
    needs
    to
    be
    done
    is
    not
    enough.
    You
    must
    document
    exactly
    how
    information
    will
    be
    collected,
    stored,
    and
    accessed
    well
    in
    advance
    of
    any
    requests
    from
    regulators
    or
    counterparties.

  2. Integrate
    Legal
    Into
    Core
    Systems

    If
    your
    sales,
    procurement,
    and
    operations
    teams
    use
    different
    tools,
    legal
    should
    have
    visibility
    into
    all
    of
    them.
    Contract
    terms
    and
    obligations
    cannot
    live
    in
    a
    silo.

  3. Create
    A
    Rapid-Response
    Data
    Protocol

    Even
    without
    a
    subpoena
    on
    the
    horizon,
    build
    a
    playbook
    for
    quickly
    pulling
    key
    information.
    Identify
    who
    owns
    each
    dataset
    and
    how
    it
    will
    be
    retrieved.

  4. Use
    Data
    To
    Justify
    Resources

    Tara
    wishes
    she
    had
    presented
    a
    stronger
    case
    to
    her
    CEO
    and
    board
    for
    technology
    investment.
    “It
    is
    hard
    to
    prove
    the
    negative,”
    she
    said.
    “But
    if
    you
    can
    quantify
    how
    many
    hours
    and
    dollars
    are
    lost
    to
    manual
    processes,
    you
    can
    make
    a
    compelling
    argument
    for
    change.”


The
Cultural
Shift

Perhaps
the
most
important
takeaway
is
mindset.
Embedding
legal
early
requires
shifting
how
the
business
sees
your
department.
Legal
is
not
just
a
safety
net
when
something
goes
wrong.
It
is
a
partner
in
designing
processes
that
make
it
less
likely
that
anything
will
go
wrong
in
the
first
place.

As
Tara
put
it,
“The
more
prepared
you
are,
the
more
you
can
keep
the
business
growing,
instead
of
pulling
people
away
from
it
to
handle
preventable
crises.”

For
in-house
leaders,
the
challenge
is
to
make
early
engagement
a
habit,
not
a
reaction.
The
next
time
a
major
project
launches
or
a
new
market
opens,
do
not
wait
for
the
first
sign
of
trouble
to
get
involved.
Build
the
connections,
processes,
and
visibility
now

before
the
cost
of
delay
becomes
the
headline.









Olga V.
Mack
 is
the
CEO
of 
TermScout,
an
AI-powered
contract
certification
platform
that
accelerates
revenue
and
eliminates
friction
by
certifying
contracts
as
fair,
balanced,
and
market-ready.
A
serial
CEO
and
legal
tech
executive,
she
previously
led
a
company
through
a
successful
acquisition
by
LexisNexis. Olga is
also
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics
,
and
the
Generative
AI
Editor
at
law.MIT.
She
is
a
visionary
executive
reshaping
how
we
law—how
legal
systems
are
built,
experienced,
and
trusted. Olga 
teaches
at
Berkeley
Law
,
lectures
widely,
and
advises
companies
of
all
sizes,
as
well
as
boards
and
institutions.
An
award-winning
general
counsel
turned
builder,
she
also
leads
early-stage
ventures
including 
Virtual
Gabby
(Better
Parenting
Plan)
Product
Law
Hub
ESI
Flow
,
and 
Notes
to
My
(Legal)
Self
,
each
rethinking
the
practice
and
business
of
law
through
technology,
data,
and
human-centered
design.
She
has
authored 
The
Rise
of
Product
Lawyers
Legal
Operations
in
the
Age
of
AI
and
Data
Blockchain
Value
,
and 
Get
on
Board
,
with Visual
IQ
for
Lawyers (ABA)
forthcoming. Olga is
a
6x
TEDx
speaker
and
has
been
recognized
as
a
Silicon
Valley
Woman
of
Influence
and
an
ABA
Woman
in
Legal
Tech.
Her
work
reimagines
people’s
relationship
with
law—making
it
more
accessible,
inclusive,
data-driven,
and
aligned
with
how
the
world
actually
works.
She
is
also
the
host
of
the
Notes
to
My
(Legal)
Self
podcast
(streaming
on 
SpotifyApple
Podcasts
,
and 
YouTube),
and
her
insights
regularly
appear
in
Forbes,
Bloomberg
Law,
Newsweek,
VentureBeat,
ACC
Docket,
and
Above
the
Law.
She
earned
her
B.A.
and
J.D.
from
UC
Berkeley.
Follow
her
on 
LinkedIn and
X
@olgavmack.