In-House Counsel, Job Searches

10 Things To Know About Being An In-House Generalist

An honest evaluation of the pros and cons of in-house life.

By Helen Respass  
on

jugglerEd. note: Welcome to the latest installment of Better Know A Practice Area, a series introducing readers to different practice areas. Each post is written by an editor at Practical Law who previously practiced in that area and currently writes about it. Prior columns have covered capital markets and corporate governance, securities litigation and enforcement, patent litigation, executive compensation, commercial transactions, labor and employment, real estate, startup law, bankruptcy, and antitrust.

Today’s topic: being an in-house generalist.

  1. What do you do in a typical day?

There is no typical day for the in-house generalist. The in-house generalist may juggle 10 to 20 different matters at once, with the mix of work depending on the type and size of the company, the industry sector, the size of the law department and its reporting structure, and counsel’s own set of skills and experience.

A day in the life of an in-house generalist could start with back-to-back internal client meetings. A sales manager wants to strategize on how to negotiate certain points in a commercial transaction (such as exclusivity, pricing or indemnity). The HR team wants to discuss updates to the employee handbook or coordinate anti-harassment training. The company is acquiring a business so counsel meets with the deal team to map out the process. There may be unexpected “fires” for counsel to put out. Regulators are calling to investigate possible anti-competitive or corrupt conduct. Perishable goods are stuck in customs. An executive with visa issues is unable to re-enter the country. Perhaps the company was just served with a lawsuit. To top off the list, counsel also tries to find time to focus on the “bread and butter” work of drafting and reviewing contracts (such as a confidentiality, license or supply agreement).

  1. Who do you work with?

In-house generalists typically work with other members of the law department (the general counsel, other attorneys and staff), internal clients and outside counsel. Corporate legal work tends to be leanly staffed, so the in-house generalist is often the only attorney assigned to a matter unless it’s a large project or requires the involvement of a specialized lawyer. Junior in-house counsel may have more complex work reviewed by the general counsel or other senior counsel.

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Depending on how the law department is structured and the scope of counsel’s responsibilities, internal clients may include colleagues from sales, marketing, product development, HR, IT, accounting, any other business units that have contracts or require legal advice, and subsidiaries within the corporate group. Senior in-house counsel may also work with senior management, executives and directors of the company.

  1. What does a common career path look like?

There are many paths to an in-house position. Most commonly, law firm junior and senior associates find their way in-house when they are hired by a client for whom they’ve done work. For example, a junior associate may join a law department as corporate counsel or assistant counsel, and a senior associate may join as senior counsel, assistant general counsel, or even general counsel.

If the law department is large enough, counsel may be promoted to more senior legal roles. In a small law department or a law department with a flat reporting structure, however, there may not be room for vertical movement. Instead, the company may provide other growth opportunities (such as challenging projects or professional development courses) or offer lateral moves (such as to manage compliance or operations or to a business role). In some cases, counsel may need to look outside the company for promotions and career growth.

  1. If variety is the spice of life, how spicy is this role?

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Like jalapeños! Whether in-house generalists directly handle or supervise a matter, their workloads often touch on all practice areas, ranging from commercial to employment to corporate governance to litigation and beyond.

  1. How much wear and tear?

It is an oft-repeated myth that in-house life is less wear and tear than law firm life. Law departments are a cost center, and companies continue to pressure their law departments to cut legal spend. As law departments take more work in-house against a landscape of increasing regulatory requirements and legal risk, they must figure out how to do more with less. Consequently, in-house counsel frequently work as many hours and deal with as much stress as their law firm counterparts.

  1. Of the people in this role who hate it, what exactly do they hate about it?

The challenges for in-house counsel may include long hours for less pay, limited opportunities for advancement, fewer resources and less administrative support. Some counsel also feel that their specialist skills deteriorate when they become in-house generalists. Because outside counsel are often hired for the cutting-edge, complex matters, the in-house generalist may be relegated to managing the work rather than doing it.

  1. Of the people in this role who love it, what exactly do they love about it?

Being an in-house generalist has many advantages. The work can be varied and challenging, and give counsel the opportunity to shepherd transactions from beginning to end (and not just be engaged for one small piece). Because in-house counsel frequently work with the same internal clients, they can build trusted relationships, be considered strategic partners (not just hired guns), and provide valued input into the deal. An added bonus is that in-house counsel do not have to keep track of billable hours and do not have the pressure of developing clients and building a book of business.

  1. Are there common avenues out of in-house generalist roles?

In-house generalists often move to other companies and into other industries, become in-house specialists in a practice area, or transition into business roles. Other opportunities include consulting, publishing, government, and academia.

The in-house role is not a revolving door, however. In-house generalists do not commonly return to law firm practice (though there are exceptions, particularly for general counsel at large companies), as law firms often question counsel’s commitment to private practice or assume counsel’s skills have deteriorated while in-house.

  1. What are some market trends that impact law departments and the in-house generalist?

Legal cost-cutting and globalization are two trends that are significantly changing how the law department and the in-house generalist operate.

The pressure on law departments to reduce legal spend has shifted power to the buy side in the legal services market. Law departments are being more selective and demanding of outside counsel, and looking for creative ways to be more cost-efficient and effective. This is pushing counsel to consider new technologies, outsourcing solutions, and alternative fee arrangements.

With the increasing globalization of business, law departments are rethinking their staffing strategies to meet the company’s global needs. They may hire in-house counsel with cross-border experience and foreign language skills or create a global law department with local in-house counsel in key jurisdictions. Similarly, in-house generalists are finding ways to expand their coverage, get up-to-speed on global issues that affect their companies, and adequately provide cross-border legal and global compliance advice.

  1. If you had to recommend one candidate from a room crowded with recent bar exam graduates, what specific qualities would he or she have that would ensure success as an in-house generalist?

Most law departments do not hire new graduates because they lack the capacity to train them. They expect their new hires to already have solid law firm training and be able to hit the ground running when they start in-house.

That being said, there are specific qualities that would help an in-house generalist be successful, including the same qualities that are required to succeed as a lawyer in general. They have good work ethics; problem-solving, listening, communication, organization, and drafting skills; attention to detail; and professional judgment. In-house generalists should also have the skills, character and temperament to be:

  • Versatile and able to juggle multiple and varied legal issues that cross their desks.
  • Creative yet pragmatic to deliver solutions that support the business.
  • Resourceful to handle even unfamiliar issues despite limited internal resources.
  • Patient with strong counseling skills to deal with demanding (and sometimes unsophisticated) internal clients.
  • Strategic and business-savvy to understand and guide business decisions.

In short, in-house lawyers need to be respectful, responsive team players, committed to building trust and collaboration among their colleagues.

Helen Respass

Helen Respass

Helen Respass is a senior legal editor on Practical Law’s Law Department team. She focuses on issues relevant to the in-house generalist. Prior to joining Practical Law, she was Assistant General Counsel at Sojitz Corporation of America, and an associate at Linklaters and Kelley Drye & Warren.

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