In-House Counsel

Moonlighting: What’s Really So Great About Being The General Counsel?

By Susan Moon

In last week’s Moonlighting, we checked out what several general counsels and chief legal officers considered to be the worst aspects of their job. And all of us in junior positions and middle management cried a tear for them.

This week, we’re going to look at what those GCs and CLOs said are the absolute bestest things ever about being the head of a legal department. Dare to take a guess? Is it the fact that they’re compensated with tons of cash, stock options, and other sweet benefits as a member of the exclusive C Suite? Or that law firm partners are as attentive to them as valets are to earls and dukes on Downton Abbey? Or that the Red Sea parts whenever they raise a staff over it?

Apparently there are greater benefits to being a GC than any of those above. And this includes one that was listed in last week’s column as a reason you wouldn’t want to be the GC….

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House Rules: To Clerk, Or Not…

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I was fortunate enough to clerk twice. My judges, and hence my clerking experiences, could not have been more different. I am unable to give factual details, but I can certainly pass on some observations. I am also going to attempt to give you job seekers some tips.

More than any other type of correspondence to my Gmail are queries about jobs. How to get one where I work, how to go in-house, how to leave a firm, when to go back to a firm, how to obtain a clerkship, etc. I want to focus this week on clerkships because I believe they are overlooked by the vast majority of job seekers. I am not preaching here to 3Ls. Future grads have their own system set up by the career center in which blast applications are sent out, only to be thrown in the trash (sorry, I meant filed for safekeeping) by existing clerks. No, I am speaking to the experienced attorney who has found themselves in the midst of a hellish job search. Do not underestimate the clerkship….

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Buying In: An Interview with an In-House Insider (Part 4)

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Over the last three weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, here, and below. As with the three prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues….

AP: Any serious observer of Biglaw can see that firms continue to struggle adapting associate development to the new state of Biglaw-client relations. What can Biglaw learn from corporate clients like yourself on that front?

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Inside Straight: ‘The . . . Toxic Notion That You Hire The Lawyer, Not The Firm’

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I really like what Bruce MacEwen does over at Adam Smith, Esq. He thinks hard about the legal profession, and he says smart things that you won’t find elsewhere.

But he’s not perfect. He recently wrote that clients were partly responsible for the demise of Dewey (which may well be true) because clients had endorsed “the . . . toxic notion that you hire the lawyer, not the firm.” Here, I beg to differ.

Hiring “the lawyer, not the firm” is not a toxic notion; it is sanity.

Hiring the firm would be nuts, for at least two different reasons. First, the firm has many invidious institutional incentives: Let’s suppose you “hire the firm” by calling the managing partner (or head of litigation, or whoever) to say that you have a new case that you’d like the firm to handle. The managing partner naturally pokes around to see “who has time.” Presto! Your case would be staffed with the partner who has nothing else to do, because the firm can’t foist that guy off on any other sorry client. That inept partner would likely be assisted by a few associates who also “have time,” and you’d be wallowing in B-team city.

Not for me, thank you very much.

If you’re an intelligent client, you don’t want the lawyers who “have time;” you want the lawyers who “are good.” There’s no reason to think those two categories overlap, and plenty of reasons to think they do not.

And I’m just getting warmed up here . . .

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Moonlighting: Why You Don’t Want To Be The General Counsel

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A lot of in-house attorneys dream of reaching the top someday. And when they fall short of becoming the Managing Editor for Above the Law, they look to general counsel positions instead.

You get paid the big bucks, fly first class everywhere, and get to boss around outside law firms. What’s not to like?

I decided to find out. I checked with several general counsels (GCs) and chief legal officers (CLOs) (note — no one at my company), to learn what they think really sucks about being at the top of the legal hierarchy….

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House Rules: Mashma-who?

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Being somewhat of a jam band aficionado, I inevitably came across the 2003 film “Festival Express.” The film documents the 1970 East to West tour by railroad across Canada featuring the Grateful Dead, Janis Joplin, The Band, and Mashmakhan. I mention the latter because, in my opinion, the relatively unknown band puts on two of the more electrifying performances in the movie. However, while the headliners went on to rock immortality, Mashmakhan broke up after only two albums. After the tour, the trajectories of a pool of very talented musicians diverged, some due to drugs, some to luck, and others for reasons unknown.

And so it goes with law — some to drugs, some to luck, and others for reasons unknown….

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Buying In: An Interview with an In-House Insider (Part 3)

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Over the last two weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, and below. As with the two prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues.

AP: How firms are viewed from a value perspective is often very difficult to gauge from the outside. What criteria do you use to determine if a firm is delivering services to your company appropriately from a billing perspective?

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Moonlighting: How to Give Great Mock Interviews? Be a Jerk!

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Think good deeds are only for good people? Every once in a while, an uncommon opportunity comes along in which even grinchy, ol’ meanies can contribute positively to society. On occasion, jerks are mistaken for people who actually care about others and, if they’re lawyers, they may be asked if they would be willing to do a mock interview for a law student or junior attorney.

If you’re a jerk, I have good news for you. Your natural grouchy demeanor could make you an ideal candidate to give mock law interviews. This is your chance to fully exhibit your abominable self and earn the sincere appreciation of others at the same time. It’s a true win-win situation!

Because when it comes to practice interviews, many interviewers try to pretend that they’re the ones who are actually interviewing someone for a real job at their law firm or company. Silly counselors….

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House Rules: Standing Corrected?

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I wrote last week about ideas to build a book of business. My main point was to start small and branch out from there. I mentioned how, as a young and naïve (ok, ignorant) associate, I was quickly disabused of the idea that I would soon be able to waltz into Pfizer and pick up some strands of litigation.

Then I received the following email in my Gmail account. It is a well-written counterpoint to my argument. A partner in New York City argues that starting small is a recipe for staying small.

I reprint his email (largely unedited) below….

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Buying In: An Interview with an In-House Insider (Part 2)

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Last week I spoke with an In-House Insider, a Biglaw refugee turned in-house counsel. You can see what our Insider has to say about the state of Biglaw and client relations here and below.

As with the initial installment, the only changes I made to the Insider’s words were those done to protect their identity, and the Insider was given the opportunity to revise their points once I added the questions and commentary.

Again, I thank the Insider for the candid observations and thoughtful opinions on these core issues. Now, on to the discussion….

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