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Perhaps, some of the conflict between In-House Counsel and External Counsel will not arise if both parties – particularly In-House Counsel clearly communicate their expectations. Most of the time, feedback is only received when things have gone awry. How about frontloading expectations before everything goes to shambles?
Hello, External Counsel, here are 10 things your In -House Counsel expects from you:
- Honesty
If something bad has happened, your In-House Counsel needs to know what happened, why it happened, and what your plan is to fix it. The Chief Executive Officer (“CEO”) /Board is going to ask the In-House Counsel the same questions and they will need to provide the answers you give them. Be balanced with good news and bad, e.g., if there are major problems with a case, do not wait until two weeks before trial to suddenly tell them that they need to seriously consider settlement because their position is really weak.
- Ask for Feedback
In-House Counsel would appreciate getting the opportunity to tell you how you are doing and what you can do to improve your services. Just ask. Surveys work – and they will be willing to complete them – especially if it asks relevant questions and seeks honest feedback. An in-person, well-organized “post-mortem” after big projects or litigation to figure out what was done and where/how all parties can improve in the future will also be helpful. Of course, this post-mortem should be free of charge. It should not be an opportunity to ramp up more billable hours.
- Knowledge of your Client’s Business.
If you want to be External Counsel for a long period of time, then learn your client’s business, how it works, how it fits in the marketplace, what countries they do business in, who their competitors are, and the challenges the company faces. Follow the company on Twitter. Ask your In- House Counsel to grab a bite and give you insights into the business. Keep an eye out for things that you think might be helpful or that identify potential threats or bumps in the road. Send them to your In-House Counsel, along with a short description of why you think the article is interesting. Become an advisor, not just a lawyer.
- Practical Legal Advice
Actual review of new laws/regulations may be great but of what use is it if you do not tell your In-House Counsel how it actually affects the company’s business. In -House Counsel need practical advice, i.e., advice that works in the real business world and shows that you as External Counsel understands the realities of your client’s business. Be strategic in your thinking and the options you present. Most importantly, let the In-House Counsel know which of the options you recommend and why.
- Up to Date Information
Always keep your In -House Counsel in the loop. Seems pretty basic but not everyone gets it. It is important to return emails or phone calls on time. Keep them updated even if they do not ask for an update and even if nothing new has happened. When you are out of the office, turn on your “out of office” notification. If not, ensure that you are checking your emails every day.
- Minimise Surprises
In- House Counsel need to know every important development, material deadline, hearing date, deposition date, filing date etc. in advance and you need to remind them of the deadlines as they get closer . If they get surprised – or worse the CEO or board of directors gets surprised – then it is a bad day for them and for you.
- An Accountable Team
You as External Counsel are responsible for everyone on your team. Bad service from any team member is bad service from the whole firm. If your team members are not responsive, you are painted by that same brush. You have a lot of competition out there, all of whom are ready to return In-House Counsel’s emails and phone calls on time and keep them posted.
- Succinct and Useful Communication
Twenty-page memos are not helpful. Ten-page memos are not much better. Find a way to communicate in a succinct and straight -to-the-point manner. Keep things simple. Most importantly, do not assume that what works well for one client works for all the rest. Ask your Inhouse- Counsel how they want you to communicate with them e.g., via email, weekly phone calls, text messages, written status reports, etc.
- Realistic and Flexible Rates
In- House Counsel may be willing to pay high rates if there is unique expertise attached to the price tag – ensure that you have the required expertise for the job. As much as possible, give different rates for differing types of work. Most In-House Counsel may not want to pay to train your first-year lawyers. It is okay if they tag along with you for meetings, but maybe do not charge them ridiculous fees or give them a highly discounted rate for your new wig’s work. Lastly, there is more you can do for your lawyers than just legal work. Share work product (memos, briefs, etc.), give them access to your facilities and conference rooms if they need them. Find ways to give them “more” than just the billable hours they are paying for.
- Value their Input
The In-House Counsel is the best resource you have about the company. Not only can they help you get the information you need on any matter, they also understand the marketplace, the board of directors, the C-Suite, and just generally “how things work” at the company. Ask them at the start of- and throughout — the engagement if there are any points of law, they would like to understand better or learn more about. Be patient and answer their questions. Most importantly, make them look good and they will make you look good. This cannot be over-emphasised.
Every In-House Counsel will have a slightly different “top 10” and I look forward to reading your varying views on this post. Both sides need to communicate better and be clear on exactly what is required beyond what is stated in the service level agreement signed by both parties. The focus should be on what is needed to ensure that the business of the company continues to move forward and that all stakeholders remain happy.
