It probably comes as no surprise that this is a question I get a lot as in-house counsel — or at least some version of it. So by popular demand and in no particular order, here are some ways outside counsel can stand out.
- Be Responsive
Whether right or wrong, there is an expectation that outside counsel is super-responsive. This doesn’t necessarily mean that I need an answer right away (especially if I contact you outside of normal business hours because I’m catching up on work while the kids are asleep), but it helps to know that my email was received and when I can expect a response. I typically expect some kind of response — even if it’s an “I got your email and am working on it” — within 24 hours. Before you think this is unreasonable, this is the same rule I apply when responding to my own internal clients. While I personally haven’t done this, I have seen in-house counsel call outside counsel, and when there is no pick-up, they call the very next person on their list. Of course, if you are out of the office, I highly recommend having an “out of office” automated message that gives me an idea of whom to call for backup or when you’ll be back.
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- Advise In Plain English
Unless I ask for it, I don’t want a lengthy legal memo composed of legalese that I subsequently have to read, digest, unpack, and interpret into plain English for my business clients. Ain’t nobody got time for that! The lawyers that stand out for me in this space are the ones that give me sound advice and a recommendation — with options and related pros and cons — in plain English that I could copy and paste to send to my business folks. Bonus points if the advice is in a table or graphic form that is easy to digest at a glance. If the legalese is unavoidable, I still appreciate a separate blurb I can copy and paste to send to my internal clients.
- Be Proactive
As legal alerts or new cases come up that may affect my company, send it to me, and share why you’ve sent it to me, in plain English (again, even better if I can copy and paste and forward to my internal clients). This shows how you are invested in my success and are a true partner to my company by helping me anticipate issues. And if you’re not doing it, your competitors are.
- Anticipate And Communicate Deadlines
This may be subjective and vary by your in-house counsel clients, but I am one who wants the litigation deadlines shared with me via calendar invites so we can share responsibility in anticipating case needs. What I don’t want is to be frantically contacted while I’m on vacation because you need my help in obtaining a declaration from a witness (who also happens to be on vacation) for a summary judgment. Also — if I take the time to send you dates when I will be out of town or unavailable, please do not schedule depositions or witness preps for those dates without checking with me first.
- Treat Me As If You Value Our Relationship
This may seem like a no-brainer, but you’d be surprised at how some outside counsel only treat the decision-makers (like my GC or AGC) with deference and respect because their relationship is longstanding and strong. This approach is really short-sighted, especially as organizations change, and as in-house counsel move companies. The lawyers that really stand out in this space are the ones that take the time to educate and mentor me or get to know me on a personal level and try to connect me with helpful people in their network. There’s something compelling about feeling like my outside counsel is “seeing” me as an individual and not just a billable matter.
Meyling “Mey” Ly Ortiz is in-house at Toyota Motor North America. Her passions include mentoring, championing belonging, and a personal blog: TheMeybe.com. At home, you can find her doing her best to be a “fun” mom to a toddler and preschooler and chasing her best self on her Peloton. You can follow her on LinkedIn (https://www.linkedin.com/in/meybe/). And you knew this was coming: her opinions are hers alone.