I have borrowed the Boy Scout motto because I am involved in a complex cross-border transaction. Yeah, I am not kidding. I am using today’s column to point up the importance of in-house counsel being involved in a difficult deal as close to inception as possible.
Usually, the field calls when there is an approval needed for some non-standard language, or a review of a legal concept is required. At this stage in a deal, the parties are well on their way to completion, and some legal issue has arisen. But, in a complex global agreement, there are numerous variables that one must remain on top of from the start. Foremost is an understanding of the deal itself. A very close second is an understanding of what exactly the Customer is expecting, having awarded an RFP to your company.
RFPs are quirky animals, rife with opportunity for miscommunication or differing interpretations of answers. The field has prepared its response in reaction to the knowledge that several competitors are bidding on the same deal. And we all know that field ops are known for their lack of puffery and straight arrow responses to questions like, “Can you deliver X in Dubai on a single day’s notice?” Not to denigrate field ops, but the answers are always, “Yes, yes, a thousand times yes,” setting the Customer’s expectation at such a high level, that when it comes time to actually negotiate Ts and Cs, you, in-house lawyer-person, are going out to some very hungry wolves….
It is no secret that I work for a supply side corporation. While my position largely requires legal advice and support to the “field,” I am thankfully separated from sales by ethics and obligations to the company. I know from email correspondence that many of you also support sales in your companies. I have received several questions related to dealing with the conflict between assisting clients in meeting their, and the corporation’s, quarterly and annual revenue targets, and Legal’s ultimate obligation to the company.
In baser terms, the dichotomy may be viewed as attempting to rein in Mario Williams after a B-12 shot late in the fourth quarter….
When we write briefs, we show — we don’t tell — the reader that we win. Thus, we do not tell the reader: “This case is barred by the statute of limitations,” which is mere assertion. Instead, we show the reader why we win: “The accident in which plaintiff was hurt occurred on June 1, 2008. The two-year statute of limitations therefore expired on June 1, 2010. Plaintiff did not file his complaint, however, until August 15, 2011. This lawsuit is time-barred.”
At trial, it’s the same routine: We do not simply assert in an opening statement or closing argument: “My client should win.” (Nor do we beg: “Please, please. My client should win.”) Instead, we present the facts, and we let the jury conclude from the facts that our client should win. Show; don’t tell. It’s more persuasive.
What’s the equivalent for demonstrating legal expertise? What should law firms write (and say) on résumés and in responses to RFPs to show, not tell, their competence? And, as in-house counsel, what questions should we ask to investigate whether a firm is blowing hot air (which is what “telling” permits) or may actually be competent (which is what “showing” may suggest)?
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.
We ran a “request for proposal” process several months ago, asking a dozen law firms to make proposals for handling one aspect of our work. We interviewed five finalists, and we chose one winner.
One of the also-rans wrote to complain: “I’m terribly disappointed by the result of your RFP process. My firm is exceptionally talented in this area. We do precisely this same work for many other clients, and those other clients are delighted with our work. We indicated a willingness to be flexible on fees. I just don’t understand why we didn’t win this work.”
Ha! Observe the delusion of personal exceptionalism!
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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