Ten Lessons About Great Outside Counsel from My Time In House
I share these insights for the benefit of outside lawyers who continuously seek to improve client relationships, and in-house counsel who recognize that success requires identifying the behaviors that they value in the lawyers they hire.
June 28, 2021 at 12:20 PM
5 minute read
A decade ago, I moved from private practice to BP p.l.c. after the company's accident in the Gulf of Mexico. My reasons were twofold: I am drawn to helping clients through their most difficult challenges, and I believed that going in house would help me become a better lawyer. I returned to private practice with ten observations about what makes the most effective outside counsel. I share them for the benefit of outside lawyers who continuously seek to improve client relationships, and in-house counsel who recognize that success requires identifying the behaviors that they value in the lawyers they hire.
|- Win. Win the lawsuit, close the deal, end the investigation. While this seems obvious, law firms sometimes lose sight of their main purpose. Corporate clients have many metrics and priorities, but those things do not matter unless you win. No one will applaud you for being 5% under budget while losing the bet-the-company case. Understand how your client defines a true "win" and deliver it.
- Understand your client's business and how you fit into their objectives and challenges. Executives and in-house counsel are managing a vast spectrum of issues, of which your matter is one small part. Effective lawyers understand their place in the big picture. For example, a client under investigation wants it over, but concurrently needs to grow, secure financing, maintain relationships, and the like. Lawyers who focus on the whole, not just their part, add far more value. They also connect with smaller gestures, such as avoiding nonurgent calls just before quarterly results, or not wandering into a meeting oblivious to a major corporate announcement or share price drop.
- Constantly seek to add value as a trusted advisor and partner. Great lawyers do not simply chuck advice over the fence to their clients. They pick up a shovel alongside clients and figure out how to implement it in a way that adds value to the business. "This is what the law requires" may be accurate, but "here is how to make this work in a way that promotes your objectives" is much better. These lawyers earn a seat at the table through relentless focus on adding value to their clients' businesses.
- Offer your opinion on what to do, not just options to pick. Many lawyers present their clients with options and leave them with the hard decision of picking one. Give them your judgment on what you would do. Your client may disagree, and that is ok; you will still help them reach a better decision by taking a reasoned view.
- Be resourceful in achieving business objectives. Some lawyers default to "no" when a client asks if something challenging is possible. But as J.P. Morgan reportedly observed long ago, "I [do not] want a lawyer to tell me what I cannot do," but "to tell how to do what I want to do." Great lawyers exhaust all options before they get to "no," looking creatively for ways to achieve the client's goals. Clients are more willing to accept a rare "no" from these lawyers because they know it comes from diligence.
- Focus on material risks and have courage to say what is not. Lawyers are trained to highlight even remote risks. The best lawyers do this while focusing the client on what is really important. It takes judgment to separate the likely from the possible. Understanding a law's real-world application to a business and the likelihood and impact of its enforcement will help clients prioritize resources. A useful test is: "If I owned this company and every dollar spent was mine, would I focus on this?"
- Be a paragon of discretion. Lawyers help clients at highly sensitive points in their careers and lives. One of the greatest privileges of a lawyer is to be entrusted with a client's confidences, and few things are more damaging to a lawyer's reputation than inappropriately disclosing them, whether by loud calls in an airport, carelessly discarded files, or indiscreet war stories after drinks.
- Insist on feedback. Great lawyers get actionable client feedback on how they can improve. They go beyond passively asking "how are things going" or surfacing only issues that have boiled to dissatisfaction. Rather, they press for specific feedback on what could be better. They do not avoid known issues, but raise them proactively with a proposed solution.
- Partner with in-house counsel. In-house counsel are not just there to review invoices and serve as a mailbox between law firms and the company. They have unique insights on the client's business and are an invaluable partner. Great lawyers purposefully involve them in ways that lead to better outcomes, and are responsive to their communications, requests, and ideas.
- Communicate succinctly. Brevity takes effort but is critical. Executives often make billion-dollar decisions that chart the course of companies on the basis of a brief memo. Sometimes clients need a long exegesis, but more often they are looking for a succinct, practical answer. What should they do, and what are the costs and risks if they do not?
In my experience in house, the most effective outside counsel consistently demonstrated these ten behaviors regardless of their practice area, location, or background. I encourage outside and in-house counsel to talk openly with each other about what behaviors are on the latter's list. All of us aspire to be capable lawyers who serve our clients well, and a shared understanding about what in-house counsel value and outside counsel are delivering is necessary for both to represent their client effectively.
Ryan Hartman, a former vice president of BP p.l.c., is a partner in the Houston office of Arnold & Porter where he represents clients in civil litigation, government investigations, and strategic transactions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLegal Departments Gripe About Outside Counsel but Rarely Talk to Them
4 minute readAs Costs and Workloads Mount, Law Departments Turn to Tech and Workflow Overhauls
3 minute readWhich Outside Law Firms Are Irreplaceable, and Which Should Have Gotten the Ax Years Ago?
4 minute readLatham, Kirkland Alums Land the Top GC Posts—Here's What It Means for Business Generation
10 minute readLaw Firms Mentioned
Trending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250