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Legal design workshops are a very valuable tool for improving the process and outcomes of advertising review work. They are a valuable way of getting all stakeholders in the same room and on the same page. They provide a dedicated space for the Marketing and Legal teams to communicate and collaborate in pursuit of shared objectives and support a cross-functional approach to problem solving. This article sets out the structure and approach to take during an advertising review legal design workshop and the outcomes you can expect to achieve. 

What Are Legal Design Workshops?

Legal design workshops are a tool or method used to establish and implement new ways of tackling legal work in your in-house team. During a legal design workshop, everyone works together to:

  • define problems; 
  • develop ideas; and 
  • test solutions. 

This often includes working through a number of brainstorming and problem-solving exercises, led by a moderator or workshop facilitator. By the end of the legal design workshop, you will have tangible output. The particular type of output depends on the legal challenge you tackle during the workshop but might include: 

  • designing new legal tools or products; 
  • improving legal services; or 
  • setting up better legal systems for delivering legal assistance to your organisation. 

Legal Design Workshops for Advertising Review

We often hear from clients about the frictions that can arise between Marketing and Legal teams throughout the advertising review process. This is often because the Marketing and Legal teams objectives are different. Marketing teams are focused on:

  • growing brand awareness; and
  • generating revenue through marketing campaigns.

On the other hand, Legal must:

  • ensure the business is compliant with regulation; and
  • mitigate risk.

The outcome everyone is looking for is marketing collateral that is compliant, engaging and turned around in an efficient and timely manner. 

To get to the core of what is causing tension or hold ups in the advertising review process, it is important to understand what is causing the problem and at what stage of the process the problems occur. This is where legal design workshops come in.

In the context of advertising review work, legal design workshops are a very valuable and efficient method for: 

  • first, understanding and aligning on the pain points; and 
  • second, designing the future state. 

Legal design workshops for advertising review should always include representatives from both the Legal and Marketing teams. Facilitators should encourage open conversation and foster an environment that will help build relationships between the two teams. Typically, advertising review workshops are structured in the following way. 

1. Map the Current State

Before redesigning the advertising review work process, it is important to understand how work reaches completion. Mapping the current state (i.e. ‘journey mapping’) can help address specific pain points in your current processes and identify any gaps or opportunities in existing systems. This mapping exercise will also allow you to see the points in the collateral’s life cycle that the Marketing and Legal teams interact with. These touchpoints are where friction is most likely to occur. 

2. Identify Pain Points

Once the mapping exercise is complete, consider what you could do to improve the current state and improve the way the Legal and Marketing teams work together. Some common pain points include:

  • missing touchpoints (where Legal could be consulted earlier in a campaign’s development to save time later on);
  • matter management (the absence of a central repository of all past approved claims and collateral); and 
  • turnaround times (consider how much notice Legal needs if Marketing wants assets or collateral reviewed urgently).

Ensure that this stage of the exercise is completed in an open, transparent and constructive manner. The more pain points we discover at this stage, the more we have to improve upon when we map the future state below.

3. Align on the Requirements for the Future State

After we have mapped the current state and aligned on the challenges and pain points, we identify the opportunities or requirements that need to be in place to improve the marketing review process. 

In our experience, some of the common requirements we have seen and implemented for our clients include:

  • checklists for marketing teams to ensure all relevant information is provided to Legal to enable them to complete the review;
  • an agreed form and content of instructions and a simple and streamlined way for Marketing to instruct Legal;
  • a centralised repository of all previously approved collateral and a way to capture email correspondence;
  • ongoing feedback and education between the Marketing and Legal teams; 
  • an escalation matrix for when to involve the in-house Legal team; and 
  • standard turnaround times that the Marketing team can work within. 

What Outcomes to Expect

At the end of the advertising review legal design workshop, you can expect to have achieved a:

  • better understanding of the tensions between the Marketing and Legal teams;
  • list of the pain points and challenges relevant to the current advertising review process; and
  • map of the ‘future state’, all of the requirements that need to be in place to improve the efficiency and outcomes of your advertising review workflow.

Clients have previously described the experience as “cathartic”. 

Key Takeaways 

Legal design workshops are a very useful tool for assessing and enhancing your advertising review workflow. To be successful, you must ensure you involve representatives from both the Marketing and Legal teams and foster an environment of open and transparent communication between teams. These workshops are an ideal way to understand the pain points or tensions that might arise under your current ways of working and establishing new systems and requirements for your future operations. To book a legal design workshop for advertising review, contact LegalVision on 1300 544 755 or fill out the form on this page.

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