Traditionally, corporate legal departments looked to outside law firms to handle their litigation needs. The reasons for this are plentitude, ranging from a needed expertise found at select law firms to the abundance of time litigation absorbs from its participants. However, as noted in this publication and elsewhere, times, as they say, “are a changing.” Corporations are now looking more and more inward to handle their legal needs, including dispute resolution. Indeed, a cursory review of court dockets reveal an increasing number of companies are now represented by in-house counsel. See, e.g., Kanongataa v. NBC Universal Media, 16-CV-07383 (SDNY).

Being an in-house litigator differs from litigating through a law firm. It is not so much the mechanics of litigating – motion practice and reviewing documents are par for the course – but rather the overall process and mindset that divides the in-house litigator from her outside counterpart. This litigator is not an outside consultant advising clients in a quasi-arms-length manner, but rather someone with a seat at the table across and beside colleagues who share a common commercial mindset that drives their collective business needs. It is to this business -focused ethos that the litigator must adhere for a successful in-house career.

It is a safe bet to state that aside from die-hard litigators, no one else likes litigation, especially those managing a business. To be sure, these individuals need to spend their waking hours running a business, not embroiled in the minutiae of litigation. As such, in-house litigators should hone the skill of resolving a dispute before it lands in court. As an insider, the in-house litigator may be exposed to a dispute as it is brewing – before the delivery of a demand letter or service of a summons and compliant. Consequently, she should consider viable ways to resolve the dispute amicably outside of the litigation arena. This is especially true if the dispute involves a business partner or customer with whom the company wishes to maintain positive relations.