Though it feels like only yesterday, I published my first column at Above the Law on November 18, 2010. I’ve published two posts every week since then (except when Monday holidays excused my labors), so I’ve cranked out about 100 of these little ditties over the last 52 weeks.
I’m tired. But I’m one!
How can I celebrate?
It seems like a good day to reminisce. What did I do right over the last year? What did I do wrong? And what have you, my readers, contributed that I can share with the world on this, my happy day?
So, the Customer wants you to take on unlimited liability for breach of confidentiality, indemnify (and hold harmless) for any and all bad acts of your employees, and to carry a multi-million dollar insurance policy. What do you do?
First, begin by triaging these from simplest to more complicated. During a negotiation it can be helpful to appear to “give” as much as possible up front when you’re down to a few points. This way, when the final hot button items arise, you appear reasonable.
Insurance requirements are usually no-brainers, and as long as the amounts demanded are not grotesquely high, your Risk folks will approve the proposed language with very light editing, if any. Today, it is also not unusual for the Customer to demand to be named as a payee in the event of a loss; this is often fine, and usually not an issue. More practice pointers, after the jump….
In this column, I’m presenting you with a gift: I’m ghost-writing for you a law firm brochure. I hereby grant all copyright interest in my brochure to you. Feel free to reproduce the following brochure, print it up, attach your firm’s logo, mail or e-mail the brochure to clients and potential clients, and wait for business to beat a path to your door.
It’s yours, free of charge, courtesy of Above the Law and yours truly. Don’t say we’ve never done anything for you….
I recently spent a week in Denver over two days (“ba dum bum”). The day I arrived, the temperature hit a record high of 80 degrees, and it snowed several inches the next evening. I was supposed to be attending (and enjoying) the Association of Corporate Counsel’s Annual Meeting, but instead, I was frantically trying to close deals for month end. A constant barrage of emails and calls from clients kept me from really focusing on the innumerable offerings at the conference.
I have written before in this space about my membership in ACC, and no, I don’t get paid to mention what a wonderful organization it is, and has been, for this fairly new in-house attorney. I cannot stress enough the importance of an organization like ACC for a new in-house counselor. Not only are there countless resources available on the ACC website — everything from forms, templates, e-groups, and career services — but there are also any number of networking opportunities for the enterprising lawyer….
Here’s proof that I view my readers at ATL as family: In this post, I’m going to share with you the results of my recently concluded 360-degree performance review and tell you how I plan to improve my personal job performance. (That may not be quite as sexy as pictures of naked judges, but you must admit that I’m making terribly personal information awfully public.)
I’d never been through a 360-degree review before. As part of the process, I completed a self-evaluation, so we could see whether my self-perception matched how the world perceives me. In addition to my self-rating, I received anonymous feedback from (1) the person to whom I report (who was classified as a “peer,” so that his responses would remain anonymous), (2) five other “peers,” or people who hold jobs equivalent to mine in the company and who work with me occasionally, and (3) seven “direct reports,” or folks who report up to me through the ranks. The human resources guy who discussed the review with me did a very nice job; he knows a fair amount about performance evaluations. (Aon is not just the world’s leading provider of insurance and reinsurance brokerage, but also the leading provider of human capital consulting. This means that (1) at long last, Aon finally just got some free publicity out of my having written this column for almost a year, and (2) we have many colleagues at Aon who do human resources consulting for a living, so they’re slightly better at delivering the results of reviews than the kid down the block or the head of your practice group at your law firm.)
What did I learn from the results of my 360-degree review?
I posted last week about the idea of providing training intended to give lawyers wings — to teach lawyers the skills, and give them the experiences, they need to leave their firm or corporation and move forward on a career path elsewhere. If you thought that was a good idea — if you thought that your firm or corporation might benefit by being known as the place that trained people to become great lawyers — how would your firm pursue that goal?
I actually saw this happen once: I saw a lawyer design a training program to permit him to perform adequately in another job. But the situation was a bit unusual. A heavy-hitting litigation partner at my former firm accepted a job as the general counsel of a large corporation. That guy realized that a litigator’s training has gaps; litigators know the rules of procedure and the substantive law governing cases that they’ve handled, but litigators may be ill-equipped to become general counsel. A litigator is likely to know very little about preparing securities filings, negotiating M&A transactions, advising boards of directors about non-litigation matters, and the like.
My former partner created for himself what I’ll call “General Counsel University.” He asked a bunch of our partners to set aside a half day each to give him a primer about their areas of expertise. He spent time chatting with an employment lawyer about the basics of executive compensation. He spent a half day with a public company securities lawyer, trying to learn the nuts and bolts of securities filings. He talked to M&A lawyers, spent a few minutes with the corporate tax folks, and so on. (Why was he able to do this, you ask? First, he was a heavy-hitter; people were willing to make time for him. Second, he was about to become the general counsel of what could be a very significant client; it made sense to be nice to the guy.)
You’re sitting in your new office, with a blank stare out the window, and like Redford in “The Candidate” you say: “Now what?”
Your next move largely depends on the size of your in-house department. Departments with six or fewer attorneys make up approximately 60% of in-house legal offices. Most in-house lawyers therefore have vastly more legal issues on their plate than I, where we have almost 200 attorneys. I am specialized in my company, and am required to focus on closing deals. We have a patent department, litigation department, labor and employment department, and on and on.
Attorneys in my company are also expected to become subject matter experts in a relevant topic, and mine happens to be software licensing. This level of specialization is nowhere to be found for most in-house counsel. Most are expected to be at least somewhat knowledgeable on a vast array of topics: compliance, securities, mergers and acquisitions, et cetera. I am always humbled when I speak to groups of in-house attorneys, because I know that most of them are expected to handle a huge number of topics in order to represent their clients well.
I tell the truth in these columns — at least, to the degree I find convenient or advisable. There is such a thing as a surfeit of veracity. My clients are lawyers, so God help me if I record something a little too candid with regard to their doings. Just talking about myself raises issues.
I haven’t worked at Sullivan & Cromwell since 1999. A statute of limitations must cover misdeeds perpetrated in that dim, dusky epoch. But I’m not betting the farm on it….
Does your company hold employee “social events”? These range from bigger events like town halls, summer picnics, and holiday parties, to smaller, more intimate socials like Friday afternoon ice cream sundae breaks, cubicle-decorating contests, and themed get-togethers. They all have the same goals — encourage a team atmosphere, help boost morale, and announce company information.
Do you think of these events as times for you to relax, stuff yourself with free food, and take a break from work? Do you have a tendency to blow off some of these events as fluffy wastes of time (obviously the lawyers who show up for these aren’t as busy as you are)? If so, that’s a big mistake.
My take is that these “social” events should generally be viewed as “work,” not breaks from work. They’re fantastic opportunities for you to advance your in-house legal career, so just relaxing and having fun at these events means you’re missing out on a lot. Also, let’s be serious here, they’re not really all that fun. I mean, Mardi Gras = fun. A night on the town with your best buddies = fun. Cocktail weenies in the lobby next to the copy room = meh.
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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