In-House Counsel

Most lawyers do not cheat.

But a few do, and they think they’re being clever.

A cheating contract lawyer reads a novel all day, codes a couple hundred documents as “non-responsive” at ten to five, and then heads home.

Cheating junior associates record a few hours that they didn’t actually work. They assuage their guilt: “I’m more efficient than other people are, so I did this more quickly than the average guy. It’s not cheating if I write down how long it should really take to do this job.” And then the cheating associates mysteriously hit their billable-hour targets for the year.

Cheating junior partners are different. Short on work but desperate to bill time, these junior partners hoard work that they should naturally pass down to associates: “I have some free time, and I’m a very talented guy. I’ll write the brief more quickly than an associate would, anyway. I’ll just do it myself, and then I won’t have to worry about being held out of the equity ranks because I haven’t worked hard enough this year.”

But how do senior partners cheat?

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It has been three months since I re-entered the race so I thought now would be a good time to give a progress report. During this time, I figured out what I wanted to do, got back in touch with my career development office to find leads and even made a few contacts at a conference. I also reached out to recruiters, law firms and the legal departments of mid-size and large companies.

The results were encouraging. I met many supportive people who introduced me to others, provided useful advice and inside job information. I am beginning to think that the legal community is not as gloomy and cutthroat as I was led to believe.

After the jump, I will share how many interviews I received and the job offers I am currently considering.

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I was 26 years out of law school before I moved in-house.

In those 26 years, I had never heard of “one-on-ones” (outside of the context of basketball). When I moved to a corporate job, folks were astonished by my ignorance. (A small part of that astonishment had to do with my unfamiliarity with one-on-ones.)

I’ve now been working for four years in what I take to be a typical (indeed, world-class) corporate environment, and I’m ready to declare the truth, thus offending every human resources professional who has ever lived: One-on-ones — individual weekly meetings between managers and each of the people who report to them — are generally unnecessary.

I know, I know: One-on-ones guarantee that the manager knows what’s happening in his or her department. And the meetings let managers give immediate feedback on how members of the team are performing. And there’s nothing like personal conversations to build relationships and esprit de corps.

Humbug!

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Clients are in the driver’s seat these days. Lawyers, even partners at prestigious and profitable firms, must bow and scrape before in-house counsel to land engagements.

It won’t be long before beauty contests actually include, well, beauty contests. What rainmaker worth his or her salt wouldn’t strip down to a swimsuit if required to do so as a condition of being hired? (Assuming that seeing the lawyer in swimwear would actually appeal to the client, that is.)

Not long ago, some Biglaw partners had to humiliate themselves in order to land a major matter. What did they have to do for the deal?

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Over the last few weeks, I have been researching law firms and businesses with in-house legal departments. I checked each firm to see if they hired anyone from my alma mater or a comparably ranked school. I also checked the firms’ rankings both in certain specialties and their overall profitability.

Then I tried something more difficult – finding employee turnover rates and overall employee satisfaction. This information is important to me but is pretty much impossible to get without deeper digging and contacting people. The career counselor I talked to gave me some names of people who may be able to get more detailed information. If there was one thing I learned in law school, it was to find the negative information yourself because you should never trust the numbers on a company’s sales presentations and recruiting materials.

After the jump is a small sample of the prospective firms I researched, listed in no particular order.

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So let’s assume you know the basics about switching over to become in-house counsel — you don’t bill hours, you’re more of a “business” lawyer, and you become part of a cost center. Instead of having partners who don’t care about you, you’ll have an actual boss who’s supposed to care about you at least a little bit or she’ll look bad. Salaries are probably lower, but it’s all good because you’ve been told that your improved work-life balance will make up for it.

What else is there that you should know before making the move? Well, plenty. Let’s take a look, shall we?

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Think you can write? Do these four things.

First, pull out the last brief that you wrote.

Not that one — that’s the final version, edited by guys who could write. We’re looking for your work, untouched by others. Find the unedited draft that you first circulated. (If you don’t have a draft brief handy, that’s okay. Find the last long email that you sent to someone who matters — to the partner, the client, the general counsel, or the CEO.)

Second, click through this link, which will tell you how to enable Microsoft Word’s “readability” feature on your computer. Enable that feature.

Third, let the readability feature score your work.

Finally, take a handkerchief and wipe the spit out of your eye. (I bet you didn’t realize that a computer could spit in your eye.)

You didn’t notice the spit? Here it comes: Compare your readability score to the average readability score for the works of bestselling authors. . . .

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After attending a “meet and greet” dinner put on by our primary outside counsel recently, I was inspired to reflect on that sometimes tricky relationship.

There needs to be trust, but there needs to be distance too. A client perspective after the jump, but I’ve been on both sides, and I think it goes both ways. To all you outside counsel: enjoy your freedoms….

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Ambrose Bierce once said: “War is God’s way of teaching Americans geography.

Ambrose Bierce, Esq., would have said: “‘Business-friendly legal advice’ means telling the client that it can do illegal stuff.”

Bierce, Esq., would have been funny, but wrong.

It’s important for lawyers to give useful advice. But many lawyers, both in-house and out, don’t seem to understand this. I’ve recently seen (or heard about from others) senior folks in businesses or in-house law departments ask not to receive advice from certain lawyers: “Don’t go to her! She’ll just tell me that everything is illegal!”

Or: “Don’t go to that firm! They’ll give us some theoretical answer that we can’t possibly use, and we’ll end up having to figure out a solution for ourselves anyway.”

Those reactions (and those words) make sense to business people and in-house lawyers; clients need real advice, not self-defensive crap. But some lawyers — typically at firms, but occasionally in-house, too — don’t understand this. To help those folks, here are illustrations of what “business-friendly” (or the opposite; shall we call it “business-hostile”?) advice sounds like . . . .

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It’s great to be an in-house lawyer these days. The jobs enjoy greater prestige than they did in the past. Depending on which company you work for, the compensation can outstrip Biglaw, big time.

And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….

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