Kevin Greene of Troutman Sanders writes that James “Jim” Kerr, Southern Co.'s executive vice president, chief legal officer and chief compliance officer, has developed a “virtual law firm”—with his in-house counsel working in close concert with outside law firms in a manner which breaks down barriers and avoids competition and turf play. “Using this approach, Jim regularly includes key outside counsel in business planning meetings so that all attorneys understand the business needs of the client and can cooperatively engage in strategic planning of critical legal issues in a way that most efficiently enhances and protects enterprise value,” Greene writes.

Before joining Southern Co., Kerr was a state regulatory commissioner, including serving as president of the National Association of Regulatory Utility Commissioners from 2007 to 2008 and president of the Southeastern Association of Regulatory Utility Commissioners from 2002 to 2003. He also was a partner in a national law firm representing utilities.

Southern's in-house legal department, working with outside counsel, has navigated legal challenges and issues involved with the licensing, construction and cost recovery of the nation's first new nuclear units to be built in more than 30 years, including the bankruptcy of its lead contractor. Kerr also coordinated Southern Co.'s acquisition of AGL Resources and the sale of Gulf Power Co. to NextEra Energy, including the commercial terms and the complex federal and state regulatory approvals.

The lawyer who nominated you credited you with creating “a virtual law firm” including in-house attorneys and outside counsel–one that which “breaks down barriers and avoids competition and turf play.” What is the key to avoiding intrateam competition?

I remind everyone (in-house and outside) that the joy of being a lawyer is working on interesting matters with good and smart people, regardless of their affiliation. If we operate in that spirit, we do better work, we serve our shared client better, and we enjoy ourselves more. We also try to be clear about our expectations around teamwork and collegiality.

Who was one of your mentors, and what did you learn from that person?

My late father, who practiced law in North Carolina for 50 years and served in the Legislature for 25 of those years. My dad taught me that great lawyers are servant-leaders, whose education, training and experience provide a unique and important opportunity to serve others. For me, at Southern Co., I think about that lesson everyday as we serve one another, our clients, our customers and our communities.

 What is the misconception lawyers have about the role of in-house counsel?

There is a misconception that in-house counsel don't like paying outside legal fees. In today's world, in-house legal departments are staffed by many of the best and brightest lawyers in the market and play a role in both managing risks and executing on strategy. Outside counsel are essential partners and paying legal fees is an important and positive aspect of that partnership. In this context, however, we are very concerned about efficiency, effectiveness and value.