The legal cost problem

Making spend predictable with the right resourcing mix

Building In-House Legal Capacity with Flexible Legal Resources
  • Insight
  • 5 minute read
  • 20/04/26
Philipp Rosenauer

Philipp Rosenauer

Partner, Legal, PwC Switzerland

Predicting legal expenses is a constant hurdle. Costs can swing unexpectedly due to fast-paced transactions, new regulatory demands, or rising disputes, quickly disrupting financial plans. 

At the same time, business leaders are calling for more predictability. Legal teams face pressure to manage external counsel costs, a key concern for many, while juggling increased workloads with unchanged or reduced budgets and staff. 

When resources are tight, outsourcing to law firms is a common move. But this often doesn't lead to predictable spending, as outsourced work can exceed initial budget estimates. While outsourcing can solve immediate capacity issues, it doesn't ensure better cost control.

Why spend becomes unpredictable

Unpredictability is rarely caused by a single factor. It is typically the compound effect of scope drift, a resourcing mismatch, and limited visibility.

Scope drift often reveals itself later, as tasks initially planned for a quick review expand into multiple negotiation rounds, stakeholder alignments, and governance processes. Resource mismatches drive unpredictability, where operational tasks are given to high-cost resources due to a lack of suitable alternatives. Limited visibility into spending means issues are found late, with invoices arriving after key decisions and overruns communicated when it's too late to adjust.

The shift we are seeing in the market

To address these challenges, many legal departments are evolving their operating models rather than repeating the same budget cycle struggles. Two significant trends are emerging.

First, departments are investing in matter management and spend analytics, recognising that predictability requires discipline. Real-time spend tracking and analytics tools are becoming essential for managing tighter budgets and heavier workloads.

Second, legal service delivery is becoming more diversified, with many corporate law departments relying on alternative legal services providers (ALSPs) for a range of needs, including flexible resourcing. The goal is not to replace law firms but to build a resourcing mix where each category of work is delivered in the most cost-effective manner without sacrificing quality or control.

A resourcing mix that makes spend more predictable

A practical way to make spend more predictable is to separate legal work into three buckets: strategic, repeatable, and peak or project work. Each bucket benefits from a different delivery approach.

Strategic matters, such as board-level risk, sensitive disputes, and critical negotiations, should remain anchored within the core in-house team and, where needed, with specialist external counsel. The primary cost-control lever in this area is not lower rates, but rather improved scoping and an appropriate seniority mix, ensuring that the most expensive resources are focused on decision-making rather than drafting.

Repeatable work - high-volume contracting, documentation, remediation - is where process and legal operations create a measurable ROI. Standard playbooks and templates reduce rework and help teams handle more volume with less friction. In many organisations, this is also where managed services or tech-enabled delivery models can take variability out of the equation by making throughput more predictable.

Peak and project work significantly impacts budget adherence. Absorbing peaks through overtime can lead to employee burnout and attrition, while relying on outside counsel can introduce cost unpredictability. Flexible resourcing is designed to address this gap effectively. 

Where Flexible Legal Resources (FLR) adds value

Flexible Legal Resource (FLR) models meet a core need: the ability to scale an in-house legal team up or down with demand while maintaining control. These models contribute to spending predictability by reducing fixed labour costs through on-demand resource allocation and providing access to specialised legal skills precisely when needed.

In practice, FLR models assist legal departments in two primary ways. First, they provide capacity, allowing teams to add qualified support for a defined period during business surges without committing to permanent headcount. Second, they enhance control, as the right interim resource can stabilise delivery by managing intake, triaging work, and keeping matters on track, including coordinating with external counsel to prevent scope and budget drift.

This focus on governance is critical. Driving cost-effectiveness through active matter management is a key strategy. When matters are managed with project discipline-including clear scope, milestones, and ownership-forecasting and justifying spend becomes more straightforward.

What to do next

For teams seeking to improve predictability quickly, a practical approach is to start small. This involves mapping the sources of major cost surprises, defining a default resourcing path for common work types, and establishing a simple checkpoint rhythm to make costs visible early. Planning for known peaks in advance is also crucial, as flexible resourcing is most effective when used intentionally rather than as an emergency measure.

Spend predictability is not achieved by simply squeezing one supplier category. It is the result of matching the right work to the right delivery model, supported by clear scope and lightweight governance. By optimising this mix, a legal department can shift its focus from explaining budget variances to enabling the business with confidence.

Contact us

Philipp Rosenauer

Partner, Legal, PwC Switzerland

+41 58 792 18 56

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Julia Merz

Manager, Business Development Manager, Payroll Services & Flexible Legal Resources, PwC Switzerland

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Anna Eisaks

Talent Management, Flexible Resources, Legal, PwC Switzerland

+41 58 795 29 49

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