In-House Counsel

When In-House Counsel Kills All The Fun

We can’t help it; we are cautious by nature. But it is also what makes us effective at our jobs.

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thumbs downAttorneys, by our nature, are a bit of a wet blanket.

We practically baby-proof our homes before our teenager’s birthday party to prevent any potentially tortious objects from becoming exposed.

We are the poor miserable saps who are actually telling Apple the truth when we confirm we have read all the terms and conditions of the latest iPhone software update.

And we are the first to ruin last night’s episode of Criminal Minds/NCIS/CSI/Law & Order/Wow, There Are A Ton of Legal Shows with our water-cooler denunciation of the lack of a proper chain of evidence for the bloody knife that led to the conviction.

We can’t help it. We are cautious by nature. But it is also what makes us effective at our jobs – unless that job involves management. The function of any manager is primarily two-fold. First, bond with your team and gain their confidence. And second, gently encourage your team’s ideas and suggestions.

As to the first point, I manage a team that consists of a high number of women. Recently, one of my female direct reports asked during a particularly emotional team meeting how it felt to “have so many women under me.” While the rest of the team erupted in laughter at this unfortunate double entendre, I attempted to keep the most stoic face that I could manage and immediately pivoted the conversation.


Sure, I could have conjured up a witty retort to that softball of a set-up to gain some quick points with my team, but I couldn’t help but think through the elements of a sexual harassment claim and know I better steer clear

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Although side-stepping an opportunity for team member engagement due to the potential ramifications of your conduct can be tough enough, it’s even worse when you have to shoot down a team member’s well-thought-out plan on the grounds it is inherently illegal or impossible.

After one of my team members experienced some particularly egregious, but legal, conduct on the part of a Fortune 100 insurance company, my team member vowed to come back to me with a plan to defeat them in the future. Wanting not to stymie innovation, I encouraged his deep thought and asked him to report back to me with his plan. A week later, he rushed into my office with his plan. The first step, and really only step, was to sue the insurance company on the grounds they were being “mean” to our patients. Never mind the fact we had a contract with this insurance company permitting their exact conduct. Never mind our in-house counsel’s office is perhaps a couple hundred lawyers over-matched by their in-house counsel. For him, it was simple: I was an attorney, and I should sue them.

While I appreciated his apparent faith in my legal skills, I had to gently let him know the grounds of being “mean” were not exactly recognized by the courts and our contract, wherein we agreed to their exact behavior, might not be in our favor if we attempted to file suit.

Sure, the above examples are a bit on the egregious side — I am trying to make a point, after all — but the fact remains that our brains are wired differently than most. We are taught to think through the many angles of a problem before we give a response. We live in the world of grey.

But we also must keep in mind that not all of our colleagues work in a similar manner. The delivery and tone of our counsel and advice are important.

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Thankfully I was able to gently explain why I could not up and sue the insurance company, and my team likewise knew why I did not continue the borderline sexual innuendo. I was able to escape both examples without damaging my standing with the team.

Yes, I could have taken both examples as an opportunity to assert my superior legal knowledge, but that certainly would not have gained me any friends. Instead, viewing both through the eyes of a non-attorney, I was able navigate the conversation, keep it legal, and maintain the confidence of my team.

Stephen R. Williams is in-house counsel with a multi-facility hospital network in the Midwest. His column focuses on a little talked about area of the in-house life, management. You can reach Stephen at stephenwilliamsjd@gmail.com.

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