In-House Counsel

The Road Not Taken: Inside Out – From Firm To In-House (Part 2)

If you don’t listen to your client and understand their business, you likely will not be the best fit as outside counsel.

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Last week, I brought you the first part of my email interview with Shawn Harju, General Counsel for Dunkin and Bush, Inc., where we focused on the specifics of her experience as General Counsel with the company. This week, we’ll look at her transition from a law firm to an in-house position and what she has learned during the move. Comments are off for this week, but I’ll put them back on next week.

Shawn had worked at the same law firm for over a decade before moving to Dunkin and Bush. I asked Shawn about the risks of leaving her position as a shareholder at a law firm to  become beholden to a single client as General Counsel. She replied: “I find that some believe it was more risky for me to take this position than to stay at the firm.  For reasons I am still exploring, I did not see it that way.”

“[Dunkin and Bush] has been in business for over 70 years and has survived some extremely hard times in our economy.  I found it much more risky that as a shareholder of the firm my income depended on my ability to retain paying clients, fulfill the billable hours threshold, and the success of my fellow shareholders.  Knowing that I have a decent salary with the possibility of a bonus at year-end provides me with a much less sense of risk than I had felt for the 6 years I was a shareholder.”

Shawn has over two decades of experience in the legal industry in various capacities from legal secretary to shareholder and has developed a large toolbox of skills. The skills that have helped her most on her career path have been her willingness to perform any and all tasks to complete a project: “I attribute this to my experience as a legal secretary and paralegal.  I do not hesitate when it comes to even the simplest of tasks; if it needs to get done, it needs to get done.  I know from comments made to me by my current employer that that was one of the reasons she wanted to retain me as General Counsel.  Someone who is not willing to step down as an attorney would not be successful in this position with this company.”

“Over the years, I have had many clients (and adverse parties) tell me that they appreciate that I am so down to earth and don’t come across as the typical attorney.  Although some may see this as a negative characteristic in the legal profession, it has brought me a great deal of success with my clients. And, it allows me to enjoy my job.  The times I have tried to stray from that path, I was not successful.”

Even though Shawn had an impressive array of skills when she took the position of General Counsel, she still had to pick up a few new skills for her role as General Counsel. In her time with Dunkin and Bush, she states: “I have had to become much better at listening to a conversation that I previously would have thought did not relate to me or what I do as there is usually something that needs to be addressed from a legal standpoint.  I have also had to become better at speaking up when such an issue presents itself as I will likely be the one of only one or two people in the room who sees it that way.  And I need to listen to other conversations to which I may or may not be invited as there is likely something going on in which I should be involved but no one thinks to include me.  I am still working on explaining why the personnel might need to involve me in various scenarios.”

For those lawyers who are looking to add value for their corporate clients, Shawn shed some light on what she looks for in outside counsel. Fancy brochures are nice, but what she really wants is someone who puts the effort into learning who her company is and what their specific needs are:  “ I want someone who is as attentive as I was when I was outside counsel.  And, I want someone who will recognize who my client really is and be willing to work with them.  For example, any attorney can tell us what the rules are but how do we continue to do business and follow those rules?  If you don’t listen to your client and understand their business, you likely will not be the best fit as outside counsel.  I have also come to realize how important it is that outside counsel stay in touch with their clients.  Clients pay much more attention to how often you touch base with them than you might think.”

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Finally, I asked what she wishes she had known before starting her position as General Counsel. She answered: “I wish I knew more about a ‘normal’ business environment.  At some point in my life, I probably did as I worked places other than law firms but when you have been with a firm for most of your career, you tend to forget how different it can be from another business.  I still have day-to-day things that come up and I find myself confused by how they are handled because, to some extent, I am still operating with a law firm mentality.  And, of course, this goes over well with the people I am already trying to convince I should be here.  I knew that I may have some trouble convincing personnel to come to me with their questions, etc. but I wish I had known more about how difficult that might be and had some better sense of how to address it.”

I appreciate that Shawn was honest about the challenges she has faced moving in-house. She is not alone in experiencing reluctance from her new colleagues in seeing her as a business asset. Many in-house lawyers are seen by their business colleagues as the “Department of No” or an obstacle to success to be avoided at all costs. This can be unsettling for a lawyer who is accustomed to clients coming to her and deferring to her judgment on legal matters. Shawn’s down-to-earth manner and ability to see projects to completion are valuable attributes that are helping her develop a collaborative and trusting relationship with her colleagues. As lawyers, we are often conditioned to believe that arrogance is a necessary companion to competence. That isn’t always the case and real life examples, like Shawn, demonstrate that there is truth to the adage of “Be yourself.”

Celeste Harrison Forst has practiced in small and mid-sized firms and is now in-house at a large manufacturing and technology company where she receives daily hugs from her colleagues. You can reach Celeste directly at C.harrisonforst@gmail.com.

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