In-House Counsel

Born, Not Made: Hire Lawyers On Potential, Not Achievement

You may be 'just a lawyer,' but you've got a lot of talents and skills that are worth discussing at length.

By Olga V. Mack on April 23, 2018 2:14 pm

A peacock is ‘just a bird,’ but it’s very special.

“You are just a lawyer” is a common phrase lawyers, especially in-house lawyers, hear from their clients. It is also a phrase I heard a lot when I was recently transitioning to a business role, after the startup where I served as general counsel was sold.

In my head I perfected my response: “And peacock is ‘just’ a bird — if you want another gross understatement!” Of course, that response stays in my head. In reality, I practice the art of diplomacy. I pause (sometimes longer than necessary), smile, and quickly focus on my skills. Some days, I would punctuate the discussion with a cheerful, “And, yet here we are! Let’s talk about how I can be of help, starting with my first day.”

This business/legal bifurcation is to some extent expected, though increasingly dated. After all lawyers are classic, often narrow, experts, no matter where they practice — whether it’s law firm, in-house, nonprofit, or government. While it is true that lawyers tend to have more general practices at smaller organizations, they still tend to be highly specialized.

Therefore, lawyers tend to be hired on achievement, not potential. And as a result, every “first” job in law, whether filled by a business person or another lawyer, is a tough sell. In my case, since I don’t generally like having the same job twice, I have become an avid collector of “first” stories.

For example, getting my first out-of-law-school Biglaw firm job as a litigator was an adventure that required a few dozen interviews all over the United States. I had to answer over and over why I was certain that I would enjoy litigating for years to come. Years later, I was transitioning from a law firm to a nonprofit where my litigation skills where not directly needed. That process was more of a song and a dance where I repeatedly explained my values.

When I later transitioned to a Fortune 500 company as a commercial lawyer, the journey was filled with remarks about how I had “never really negotiated a contract before.” And of course, going from a Fortune 500 company to a startup led to numerous discussions about the difference in startup culture — and my allegedly questionable propensity to fit in.

Very colorful discussions took place when I decided to become a general counsel or head of legal, a few jobs ago. The most common questions I had when I interviewed for these general counsel positions included: Have you been a general counsel or head of legal before? Have you lead through an IPO or at least an M&A? Have you reported to the CEO? Have you regularly attended and supported board meetings?

These chicken and the egg discussions went on and on! In sum, if you haven’t been _________ (fill in the blank with a legal specialty or title) you don’t qualify to ever practice it. Again, in my head I perfected an answer that I rarely articulated: “Litigators/Fortune 500 lawyers/startup lawyers/general counsel/etc. are not born, they are made.”

The transition from law to business has most definitely been paved with how I am “just a lawyer” conversations. I found that it is unnatural for most people to hire someone with a law degree based on talents and abilities, as opposed to their accomplishments or their mastery of certain skills. It takes a very enlightened business person to progress to the “what do you bring to the table” conversation, where you get to discuss your talents and skills instead of just a long checklist of career milestones. With most, a lawyer will be stuck hearing “you are just a lawyer” ad nauseam.

Of course, I can’t help but wonder if lawyers themselves are responsible for our painfully tedious career transitions. Perhaps my experience is merely another side effect of how lawyers have historically categorized the world into “lawyers” and “non-lawyers.” The categorization captures the assumption that those who didn’t go to law school and join a bar association somehow cannot think as strategically and thoroughly as an attorney. This elitist and snobby divide assumes that other points of view are somehow inferior and more primitive. With that in mind, perhaps “you are just a lawyer” is a perfectly expected and deserved response to a lawyer who tries migrating to business!

Olga V. Mack is an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor at Berkeley Law, and entrepreneur. Olga founded the Women Serve on Boards movement that advocates for women to serve on corporate boards of Fortune 500 companies. Olga also co-founded SunLaw to prepare women in-house attorneys become general counsel and legal leaders and WISE to help women law firm partners become rainmakers. She embraces the current disruption to the legal profession. Olga loves this change and is dedicated to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and inclusive than before. You can email Olga at [email protected] or follow her on Twitter @olgavmack.