So you’ve moved in-house or are planning to go in-house sometime. Be ready to think less like a lawyer.
Business clients think differently. I know, crazy, right? But, seriously, one of the biggest transitions from working as a transactional lawyer at a law firm and moving over to a company is learning to understand the business client’s perspective.
At a law firm, your client is typically another lawyer, whether it’s a senior associate, a partner, or an in-house lawyer. Lawyers hold court at the top of the hierarchy and are assumed valuable until proven otherwise. Legal work reigns supreme.
At a company, your boss will probably be an attorney but, as a transactional in-house attorney, you will most likely consider non-lawyers — people in other areas of the company — to be your clients. Plus, you’ve probably shifted from your law firm throne to mingling as one of the middle-management masses. At a company, mention “legal work” and “supreme” in the same sentence and you’ll get laughed off your middle-management office chair. On the contrary, you may sometimes need to remind business people that you exist (this can be kind of awkward, really) and that you can, you know, maybe provide value once in a while….
There’s a six-year-old trapped inside of me, pounding on the inside of my skull and screaming to get out. (Many of you would say that the quality of these columns proves that I don’t manage to keep the kid fully contained. Yeah, well: It’s a good thing you’ve never heard any of my jokes.)
My inner six-year-old likes to understand things. He likes e-mails and memos that start at the beginning; use short, declarative sentences in the middle; and conclude somewhere near the end.
He likes easy rules that he can understand and then immediately put to use, so he remembers the rules in the future. It was surely my inner six-year-old who developed the “one rule you as a witness must remember” when you’re having your deposition taken: “Listen carefully. Pause. Answer narrowly.” To the six-year-old’s eye, that’s the essence; “the rest is commentary.”
My inner six-year-old recently realized that outside counsel have it easy: For each entity they represent, outside lawyers typically communicate with just one person who serves as the “client.” Although the outside lawyers may meet many corporate employees, the outside lawyers view themselves as speaking to the “client” when they talk to the in-house lawyer who’s supervising their matter on a daily basis. That’s the one key point of contact.
My inner six-year-old realized that this isn’t true for in-house lawyers. In-house lawyers have three clients….
When I first said these words to my former law firm colleagues, they connoted a sea change in my career: a coveted position with a prestigious international corporation, no more billable hours, and no more partner pressure.
I am fortunate to practice with smart, engaging, and truly collegial and competent lawyers. And no more billable hours — I do wake up happy every day.
Of course, all good stories must have a conflict; mine was that I was taking a job as a transactional lawyer. I had always viewed transactional work as the “dark side,” and outside of my comfort zone of years in litigation. The more I thought about the transition, however, the more I realized how my perspective as a litigator would serve me well as a contract negotiator….
Admit it: Your corporation has a lot of legal flotsam and jetsam.
This is probably true no matter what business you’re in. On the corporate side, you have routine business transactions, and you may well handle those in-house. On the litigation side, you have a bunch of routine cases that pose little risk to the company but represent a recurring, and predictable, expense.
I propose that you package up that flotsam and jetsam and sell it off.
Two comments from folks who recently moved in-house prompt this post.
The first comment came from a guy who spent more than ten years with an Am Law 100 firm before moving in-house: “When I was reading the newspaper on Sunday, I realized something. Before I moved in-house, I never truly understood ‘Dilbert’ and the cubicle culture. Now, I do.”
The second comment came from a guy who spent more than 20 years with two different AmLaw 100 firms before moving in-house: “When I moved laterally between law firms, my new firm understood that my time had value. I arrived at 9 on the first day and was working on client matters before noon. My office was ready to go, and we held the bureaucratic stuff to a minimum.
“I moved in-house, and it took days before I could start working. I screwed around with immigration forms and health insurance; I needed computer passwords; when I arrived, my office didn’t have even a pen and pad of paper, let alone a telephone or a computer in it. You realize pretty quickly that you’re in a nonbillable world, and no one seems to care very much whether or not you actually do anything. I figure that, if they don’t care, why should I?”
There’s one guy in your outfit who understands the need not to write stupid e-mails: That’s the guy who just spent all day in deposition being tortured with the stupid e-mails that he wrote three years ago.
That guy will control himself. He’ll write fewer and more carefully phrased e-mails for the next couple of weeks. Then he’ll go back to writing stupid stuff again, just like everyone else.
You can’t win this game; no matter what you say, people will revert to informality and write troublesome e-mails. But you’re not allowed to give up. What’s an in-house lawyer to do?
LGBT people confront widespread hatred, yet each year take new strides towards equality. What’s the secret?
“Straight allies” – a concept every lawyer needs to understand.
As an LGBT person, you face a stark reality – there aren’t many of us. It might not seem like it, but we’re a tiny minority. And it’s a myth that we recruit straight people to be gay – we would, but it’s impossible.
“Straight allies” are the folks who aren’t LGBT but – because they’re caring, patient, loving, open-minded and plain decent – they help LGBT people persevere in the struggle for equal rights.
What’s this got to do with lawyers?
You need some allies, too – allies who aren’t lawyers. It’s key to your survival….
My client’s concise estimate of her second year at a big law firm:
For months, the “career” consisted of one-third idleness, one-third word-processing, and one-third pointless research. That morphed over time into “managing” doc review, which morphed into doing doc review, which translated into odious hours staring at odious documents on a computer and clicking “responsive/relevant” or “privileged” or some euphemism for “embarrassing.” According to rumors at her firm, there’s juicy stuff squirreled away in electronic nooks and crannies – most notoriously, emails from execs’ hiring hookers. To date, my client’s experience of “doing doc review” has matched the edge-of-your-seat excitement of watching drywall compound discharge moisture.
“There are days I want to scream, ‘Who are we fooling?!’” she remonstrated. (Granted, there wasn’t much use remonstrating with me, since I’m her therapist. Sometimes you just need to remonstrate – to demonstrate you can remonstrate.) “This isn’t a career – it isn’t even a job. It’s a joke. Every day I think about quitting.”
My client wasn’t getting enough sleep. I assumed it was insomnia, but that didn’t fit the bill. It wasn’t that she couldn’t sleep; it was that she wouldn’t sleep. She was staying up from 11 p.m. to 2 a.m., lying in bed — mostly, playing Angry Birds.
Those few hours were the only time she was left alone all day – no one from the firm called to assign her something awful to do or yell at her for something awful she’d done. To relinquish this sliver of “me time,” even for sleep, was out of the question….
There’s slow at the office. Then there’s moribund. Like, stick a fork in it, parrot in the Monty Python skit, no longer viable, kaput, over and out, flatlining… dead dead dead.
Like you haven’t recorded a billable hour in weeks. Like you show up at 10:30 a.m., slide your Kindle under your computer monitor, and try to look busy while you read John LeCarre novels. Then leave at 6 p.m. – or whenever the coast is clear and you think you can get away with it.
We all know having nothing to do at a big law firm is better than being busy. Being busy is really, really bad…
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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 firstname.lastname@example.org 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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