The ACC 2026 Chief Legal Officers Survey, 1,049 participants in 20 industries and 43 countries, puts barriers to growth and expansion at 20 percent and traditional legal issues such as litigation or data privacy at 4 percent each. Use of outside counsel jumped to 48 percent. Consultants jumped to 27 percent. And 63 percent of chief legal officers expect headcount to remain stable. Budget and resource constraints were cited by 35 percent as the barrier to success. Operational efficiency was the strategic initiative named by 53 percent. The general counsel is not hiring a head of litigation because litigation climbed the worry list. The general counsel is hiring one because the external book grew while the internal headcount did not.
That is the brief in the four industries that ask for it. A pharma or medtech general counsel already has product liability, regulatory defense and, often, an MDL or a bellwether on outside firms. The open question is who owns the panel and the reserve conversation with the chief financial officer, not who will stand up at the next hearing. A NASDAQ-listed medtech in Boston did not hire a head of litigation. It hired a successor general counsel: shortlist of four on day 24, accepted offer in week 11, still in seat at the 12-month checkpoint, one of 38. The disputes exposure was real. The seat that was open was the company's most senior legal job.
A financial-services general counsel is usually looking at investigations, consumer class actions and a regulator who will read the reserve. The head of litigation there has to live with privilege calls on the investigation and with a settlement that the chief compliance officer will also see. That is not a reason to turn the search into a chief compliance officer search. It is a reason to write, in week 1, which decisions the litigation seat makes and which it only informs. A technology general counsel is usually looking at patent litigation and a class-action docket that product counsel will not run. The patent case may still be a firm. The class-action inventory, the settlement grid and the decision to try or to resolve are the in-house job. An energy general counsel is usually looking at arbitration, environmental claims and joint-venture disputes that do not fit a projects lawyer's week. The seat is often cross-border. The scorecard still has to name one reporting line.
Owning the spend is operational, not a slogan. It means a panel the head of litigation can change, matter budgets agreed before the firm staffs the case, invoices someone inside the company actually reads, and a record of which work came back in-house. ACC 2026 is the context for that job: outside-counsel use at 48 percent, headcount expected to stay flat by 63 percent of chief legal officers, budget constraints cited by 35 percent. A coordinator of status emails does not move those numbers. In each industry the test is the same three objects: a portfolio, a spend line, and a settlement threshold. One case, however large, can still be run by the general counsel and a firm.
IA portfolio, not a matter
More than one active dispute, across more than one firm, with a reserve the chief financial officer already has to explain. One bet-the-company case can still be run by the general counsel and a firm. A portfolio cannot.
IIOutside-counsel spend
ACC 2026: use of outside counsel jumped to 48 percent while 63 percent expect headcount to stay flat. The head of litigation is the person who can move work, change firms and read an invoice. A coordinator of status calls is not the seat.
IIISettlement authority, in writing
A threshold the board has already set. Below it, the head of litigation recommends and the general counsel concurs. Above it, finance or a committee signs. If nobody can write the threshold, the search is early.
IVA general counsel who is staying
The hire reports to the general counsel. If the general counsel is leaving, the search is succession. The Boston medtech file is that search, not this one. If there is no general counsel, it is a first general counsel search. At Series B-C the median bench is one lawyer.