Biglaw, In-House Counsel

Taking Responsibility, In-House And Out

Don't expect sympathy; just take responsibility, and get the job done.

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dartboard pen on target inside straightSitting at the kitchen table over the holidays, my wife asked: “Mark, do you think you’re more a ‘glass is half full’ or ‘glass is half empty’ kind of guy?”

My son, Jeremy — you remember him — piped up: “Dad, you’re a ‘why didn’t that moron fill up the glass?’ kind of guy.”

He’s right. In that spirit, I offer this week’s curmudgeonly column: Take responsibility!

It seems as though I hear the same silly stories every year at the holidays:

“We need the CFO’s signature on the document by year-end, and she’s gone for the holidays. What should we do now?”

“We need the tolling agreement executed before year-end, but the opposing party has left for the holidays, and we can no longer contact anyone.”

“The other side will give us an irresistible discount if we settle the case this year. We need settlement authority from the CEO on December 24, and we just can’t find her anywhere. What do we do now?”

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There’s not much you can do now — because everyone’s left for the holidays, of course.

But here’s a thought: There are likely to be holidays around this time next year, too. And the year after. And the year after that. And, now that you mention it, there have been holidays annually in late December for something approaching 2000 years now. Perhaps it’s time to anticipate that people may leave for the holidays between Christmas and New Year’s Day and to plan accordingly.

Really.

It’s not the fault of the CFO or the CEO that they disappeared for the holidays. It’s the fault of the person who knew full well that we’d need signatures from these people at a time when they were likely to be unavailable. So don’t wait for the last minute. Get the signatures in November.

Although I’m theoretically writing about in-house issues in this column, I saw exactly the same kind of foolishness when I worked at a Biglaw firm.

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If we need someone’s signature in August, it is the job of the junior person on the case to confirm that we can obtain the signature. Here’s something to consider: People often take vacations in August. If you wait until the last minute to contact the signatory, it’s guaranteed that she’ll be taking a biking trip in the wilds of Botswana on the day you need her.

It’s your job to ensure that this doesn’t interfere with getting our task accomplished.

If you need someone’s signature in August, then call that person in June to explore the person’s vacation plans. Explain that you’ll need a signature. If possible, obtain the signature before the person leaves. If that’s not possible, discuss with the person precisely how you’ll contact the person while she’s gone, so that you know with 100 percent certainty that we’ll get the signature we need.

That’s your job. Do it.

Don’t tell me that you’re startled to learn that people celebrate Christmas or take vacations in August.

Instead, think about the things that could go wrong, and make sure you have plans for dealing with them.

Remember: I’m not a “glass is half full” kind of guy. I’m a “why didn’t that moron fill the glass?” kind of guy.

And law firms are filled — up to the brim and overflowing — with people like me.

Don’t expect sympathy. Just take responsibility, and get the job done.

Mark Herrmann is Vice President and Deputy General Counsel – Litigation and Employment at Aon, the world’s leading provider of risk management services, insurance and reinsurance brokerage, and human capital and management consulting. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

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