In France, the contract manager role, still a recent one, is mainly occupied by professionals and experts from two broad profile families: the lawyer and the engineer.
These two career paths are often seen as opposites in contract management practice, with one supposedly being very rigorous and taking a legal approach to the contract, and the other seen as methodical and bringing a technical touch to contractual matters.
Each profile is (sometimes wrongly) associated with certain values, qualities, but also shortcomings. The shifting boundaries of job descriptions and the variable reporting lines of contract managers (operations, legal department, project management, etc.) keep alive THE question: what is the ideal profile for a contract manager?
1. The different contract manager profiles
While there is a consensus on the essential skills and qualities of a contract manager, found in most job descriptions, the subject of contract managers' backgrounds is divisive!
By looking at job adverts published by recruiters on LinkedIn and Indeed, three broad trends can be identified in the profiles sought:
A. Lawyers, legal expertise and the science of contracts
Let's start with lawyers. Who says contract management says contract, and who says contract says legal... at least, that's what some companies think! In theory, it might seem obvious that in-house lawyers should be destined to fill the contract manager role, since they handle contracts all day long.
However, while drafting and analysis phases are part of the daily routine for most business lawyers, it should be noted that lawyers' expertise is often only called upon at certain stages of the contract lifecycle, and for tasks that fall within the legal field.
Stepping back a little, we can see that legal work and contract management are two quite distinct disciplines, and one might wonder whether the lawyer is a close relative or, on the contrary, the contract manager's worst enemy.
Either way, the legal profile is likely to display certain qualities and limitations within contract management that are worth highlighting:
Strengths: Lawyers have a sharp understanding of the legal and regulatory aspects of contracts. Their legal training equips them to navigate the maze of legal terms and anticipate risks. Their expertise in contract drafting and analysis gives them a critical eye on contract content. Furthermore, as a "support function", lawyers are generally comfortable working as part of a team, understanding the challenges faced by different roles, and embodying a strong service ethos.
Limitations: The best-known shortcoming of lawyers is a lack of operational perspective and hindsight. Lawyers sometimes tend to analyse a situation or a contract solely through a legal lens, overlooking the technical or commercial aspects of a contractual relationship. The issue of stance also comes up quite often, with a sometimes binary approach (yes/no) that is not well suited to the realities of a project or a contract manager's day-to-day work. Lastly, while a contract manager with a legal background can be a facilitator, they may also end up duplicating the role of the legal department.
B. Engineers, technical skill in the service of the contract
The second major category of contract management professionals is made up of engineers. They are naturally drawn to contract management due to their involvement in projects, and many engineers end up practising contract management as a result of difficulties encountered on projects.
Engineers often have in-depth knowledge of technical and scientific matters, but also of an essential part of the contract lifecycle, namely the execution (or delivery) phase. This experience means they have been confronted with the reality and uncertainties of a project, with claims, and have had to deal with their operational as well as contractual consequences.
Given their qualities and project experience, it is logical to find many engineers among contract managers, even though they tend to have a fairly superficial grasp of contract law. Here is a brief summary of their strengths and limitations:
Strengths: Being analytical by nature, engineers bring a technical perspective and an understanding of the practical aspects of contract management. They are often comfortable with the technical detail of contracts, and have hands-on experience of their execution, of the setbacks and uncertainties that can punctuate the life of a contract and require particular attention. Lastly, engineers are used to working within a project team rather than as part of a support function.
Limitations: They frequently lack the legal sensitivity needed to navigate contractual complexities, which can lead to lengthy negotiations, or a lack of awareness of risk in certain situations. The same is often true of other areas such as finance, management control or procurement, which they have generally had less opportunity to practise. Furthermore, in some setups, this profile can end up duplicating the role of a project manager.
C. Other profiles: don't overlook hidden skills
While it's true that lawyers and engineers make up the largest share of contract managers, this role is new enough to be inclusive of other profiles, since, as a reminder, 29% of a company's staff are involved in the contract lifecycle.
To illustrate this, other profiles such as buyers or sales staff (the list is not exhaustive) can also excel in contract management. They often combine strong expertise in negotiation, project management and an understanding of commercial needs.
Overlooking these profiles means turning a blind eye to a potential goldmine of talent, of staff capable of approaching contract management in a different way.
Even though it's difficult to generalise the strengths and limitations of a range of "other profiles", we have tried to set them out in the same way as for lawyers and engineers:
Strengths: These profiles know contracts from a different angle, are comfortable dealing with a range of stakeholders, and bring a pragmatic, results-oriented perspective.
Limitations: Being neither lawyers nor engineers, they may lack the technical and/or legal depth needed to tackle certain complex aspects of contract management, to take a step back from the discipline, and to structure such an approach within a company.
2. What contract management approach suits your company?
As we have just seen, each type of profile has its advantages and disadvantages. How do you choose? Is there really a typical profile? We're sorry to say that the crucial question of which profile to choose for your company has no universal answer. In this second part, we delve into the heart of this question, looking at how each company's specific context shapes the ideal choice between lawyers, engineers, or other profiles.
A. Every company has its own ideal profile
The choice of the ideal contract manager profile depends closely on each company's specific objectives and operational context. To illustrate this, let's consider two different scenarios: a company looking to launch and structure a contract management approach, and another looking to strengthen an existing department.
Structuring a contract management approach
For a company setting up a contract management department, it is advisable to opt for a senior profile (or to get support from a consultant... from Prime Conseil).
The contract manager must have proven experience across the various stages of the contract lifecycle, from negotiation to execution, including management, renewal, and the handling of disputes and claims. The initial background, whether legal, technical or otherwise, matters less than overall experience and the ability to understand and integrate the many facets of contract management.
Lastly, for this type of assignment, management skills are equally essential. The contract manager must not only manage contracts but also lead teams (often on a cross-functional basis), coordinate with different departments, and often act as a trainer and mentor for less experienced staff. This ability to manage people and processes is essential for embedding contract management into the company's culture.
Strengthening an existing department
When a company already has a degree of maturity in contract management and wants to strengthen it, it should look for a more specific profile, both in terms of seniority (a junior may be advisable in some cases) and in terms of profile.
In this context, operational needs, company culture, and the way the contract lifecycle is managed become the main selection criteria. To simplify, if the company operates in a complex technical field with strong legal involvement at every stage of the contract lifecycle, an engineer with specific expertise may be the wisest choice. Conversely, in an environment where legal and regulatory challenges are predominant, a lawyer with knowledge of the relevant field would be more suitable.
In conclusion, the choice of contract manager profile must be guided by a precise analysis of the company's needs and objectives. Whether the aim is to establish a robust contract management function or to strengthen a specific skill, the decision must align with the company's overall strategy and operational challenges.
B. Going beyond a "profile"
Being a good contract manager is not simply a matter of accumulating technical or legal knowledge. It is a more holistic, operational approach. This recent role, deeply rooted in companies' day-to-day reality, requires a proactive stance, a willingness to keep learning, and an understanding of the nuances of the situations encountered.
The importance of stance and attitude
Contract management is, above all, a hands-on role. This means that, whatever the contract manager's initial expertise, they must show great adaptability and an ability to grasp the company's concrete challenges. Beyond technical or legal skills, it is the contract manager's stance and attitude that make the difference. A proactive approach, the ability to communicate effectively with different stakeholders, and an understanding of commercial issues are crucial.
Building on existing strengths
Of course, contractual and technical expertise, combined with experience of complex projects, brings significant added value to contract management. A lawyer will bring rigour and precision to the analysis of contractual risks, while an engineer will bring a thorough understanding of the technical aspects of contracts. However, for each company, the focus must be on the complementarity of these skills and their integration into a team and organisation that already has its own strengths and weaknesses. The right contract manager is therefore the one whose fit with the organisation will be optimal.
The willingness to learn and understand
After a few years of practice, a good contract manager can be identified by their willingness to keep learning and to understand the subtleties of their working environment. This means staying up to date with legal and regulatory developments, becoming familiar with new technologies and methodologies, and, above all, understanding their company's strategic objectives. This ability to learn and adapt is essential for navigating the often turbulent waters of contract management effectively.
C. Shaping the contract manager of tomorrow
Contract management, much like procurement a few years ago, is a discipline that is booming and constantly evolving. This new field is being built day by day, moving beyond the traditional divide between lawyers and engineers. The debate over which background takes precedence over the other is thus becoming obsolete in the face of the role's current momentum.
A discipline still under construction
Contract management today is in the process of forging its own identity. Like any emerging discipline, it borrows elements from various existing fields while creating its own niche. This requires constantly reassessing its methods, tools and approaches to adapt to organisations' changing needs.
Beyond past experience
Tomorrow's contract manager is not defined by their previous career path, whether in the legal, technical or another field. Their true value lies in their ability to draw on their knowledge and experience to contribute effectively to the development of contract management. What matters is their ability to embrace change, innovate, and bring creative solutions to the complex challenges of modern contracts.
Contributing to the rise and influence of contract management
Tomorrow's contract manager is a pioneer, an innovator shaping the future of their discipline. They are at the forefront of value creation within organisations, using contract management not only as a risk management tool, but also as a strategic lever for development and growth. Their role is to promote the discipline, extend its influence, and demonstrate its impact on the company's overall success.
Value creation within organisations
The value of contract management is measured by its impact on operational efficiency, risk reduction, and the maximisation of commercial opportunities. Tomorrow's contract manager must therefore have a strategic vision and be able to align contractual objectives with the company's overall objectives. The aim is to turn contracts into dynamic tools, capable of adapting to change and driving innovation within the organisation.
Conclusion
In conclusion, contract management, a discipline in full evolution, transcends the traditional profiles of lawyer or engineer. The key lies in the ability to integrate and make the most of diverse skills, tailored to each company's specific needs.
Whether the aim is to structure a contract management approach or to strengthen an existing skill, the focus must be on attitude, and the willingness to learn and understand. Tomorrow's contract manager, far from being defined by their past, stands out through their ability to innovate, adapt, and contribute to the added value of contract management.
This role, at the crossroads of legal and technical skills, is a strategic lever for the development and growth of organisations, proving that the real challenge lies in the ability to evolve alongside the discipline.