GCs Gab About Law Firms: Would You Like What You Hear?
Besides the priorities of price and skill set, The Recorder affiliate Corporate Counsel asked some prominent GCs what other factors they consider when evaluating a law firm and whether they talk about firms with one another.
October 17, 2018 at 06:09 PM
4 minute read
The original version of this story was published on Corporate Counsel
Ever wonder whether counsel for different companies swap information about law firms with one another? Well, they do—the good, the bad and the detailed.
The Recorder affiliate Corporate Counsel was curious as to how much a disparaging remark could influence other general counsel who are looking to hire a law firm. Besides the priorities of price and skill set, what other factors do GCs consider when evaluating a law firm?
“General counsel definitely discuss their outside counsel with one another, at GC gatherings and in direct conversations,” said Mark LeHocky, a mediator and arbitrator at Judicate West, a private dispute resolution provider in the San Francisco area.
“I've found some outstanding outside attorneys through the general counsel network,” LeHocky said. He previously served as general counsel with Dreyer's Grand Ice Cream Inc., and then with Ross Stores Inc., both based in California.
Disparaging an outside counsel, however, happens much less frequently than recommending one, he added.
Michele Coleman Mayes, vice president, general counsel and secretary of the New York Public Library, who formerly was general counsel at several big publicly traded corporations including Allstate Corp., agreed that GCs share information about outside counsel. But GCs typically “don't sit around blabbing about law firms in a room full of people,” she added. “People are more discreet than that.”
She said colleagues often “call me when they want references, and I call other general counsel to ask about their experiences with a firm,” Mayes said. For example, she said, “I've said that a firm is really, really expensive and to be ready to pay accordingly. But I expect information I share to have a degree of confidentiality.”
Maureen Brundage, former general counsel and chief ethics officer of The Chubb Corp. and now a senior advisor at search and management consultant BarkerGilmore, said she has reached out to colleagues about law firms but couldn't think of a time when a firm was disparaged publicly. “Just given the way we [GCs] are, it's not our nature to be dissing in a public setting,” Brundage said.
Would a rant influence her, whether it's public or private? “It depends,” Brundage said. “If it comes from someone you know and trust, it could be a factor, something to look into.”
All the attorneys agreed that they have or had special factors to consider when hiring a law firm above and beyond the cost and skills. Brundage, for example, wants to see experience within the industry and knowledge of the business, a “comfortable” and reliable relationship with other in-house counsel, and a diverse team of attorneys.
LeHocky said simply: “Integrity. The ability to say what needs to be said, rather than what people want to hear, is No. 1 for me.”
Responsiveness and efficiency are also paramount, he added, as is the ability to think about the company's bottom line.
“Understanding the scale of each matter is key,” LeHocky said. “Each legal project or lawsuit needs to fit into the bigger picture of the company, and not unnecessarily disrupt or distract from the bigger mission.”
If significant litigation is involved, Mayes said she looks for someone who can interact easily with executives and the board. “And I want to know how they work with in-house counsel—are they collaborative or are they dictators?”
In addition, Mayes said she seeks outside counsel who are responsive, and who have “backbone —people who are candid and courageous,” and who have a “credible commitment to diversity.”
She also considers how tech savvy, “how cutting-edge,” an outside counsel is. And she wants them to be “curious and creative. You don't always want someone with a cookie-cutter answer.”
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