We Are All in This Together

Shared Challenges forInside and Outside

Counsel

From Adversary to Ally

Today hiring outside counsel is often a negotiation.

The negotiation process does not necessarily foster cooperative work.

Both inside and outside counsel need to transition from negotiation to cooperation as quickly as possible.

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Different Jobs Same Problems

"Big Picture" issues

People can be Strange

The Unexpected and the Unwanted

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Bad Start = Bad Result

Expectations/Goals

Budgets, Billing and Timing

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What’s the Plan?

The difference between a success and a failure is often expectations.

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Managing Expectations

Many aspects of legal projects are resistant to predictability

Lawyers expect unpredictability – Business people may not

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Never Assume

Executives can be legal sophomoresWhy? Because many don’t know what they don’t

know

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Communication Coordination

Goal – Consistent message

Message understood

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View from In-House

All In-house is not the same.One size solutions – rarely fit any

company.

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View from In-House (cont’d)

Managing your relationship with inside counsel means giving inside counsel what they need to manage their internal clients▬What they need▬Not what you think they need

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Who’s on First?

Executive wants to be very involved or barely involved

Inside counsel or Outside counselWhen is it the Legal Dept.’s problemWhen the Business Unit is making

the call.

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Plans Have to be Flexible

“No plan survives contact with the enemy”

Murphy’s law

“We plan, God laughs”

If it weren’t true there wouldn’t be so many ways to describe it

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Budgets are Your Friend

Lawyers despise budgets But corporate accounting departments

demand them

Low detail budgets don't help anyone except the accounting department

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Winning May Not be Everything

There is often more than one way to resolve the claim – Give me options.

Sometimes we need to fight – often we don’t

Mediation and Arbitration need to be part of your game plan from the beginning of the case

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Budgets Can be Something More

Detailed budgets can be planning tools, can set expectations, and can help the business people understand the expected pace of the case

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Detailed BudgetsLegal budgets need to address all probable

scenariosBy definition, not all scenarios will actually

occurA detailed budget can’t be added up; you

need to choose pieces to create alternate “realities”

If timing is an issue let us know

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Two Things You Need to Know

About Managing Corporate Employees

No good deed goes unpunished

10/90 rule: 10% of your employees will cause 90% of your employment problems;

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Why Good Deeds Go BadFailure to follow policy/rules and document

If you give an inch, someone will take a mile

“..and this time I really mean it!”

Get your house in order early and often

You may be able to correct/change course by coordinating good cop/bad cop

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Who Are the Ten Percent?

Untouchables

Vigilantes

Reality-resistant individuals

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Untouchables

Who they are:Top executivesTop performers P/politically connectedThose who know where bodies are

buried

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Untouchables (cont’d)

What you can do:Isolate

PhysicallyArea of responsibility;

Emphasize financial consequences Demonstrate appreciation Timing is everything

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Understand the Corporate Context

Each Company has its own culture and it’s very important

Respect the culture with your advice

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Vigilantes

Who they are:Inflexible people

Crusaders

Looking for $$$

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Vigilantes (cont’d)

What you can do:Establish clear reporting channels

Insist on details

Be consistent with all employees

Beware of the NLRB

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Do What We Can’t Do

Help us see what we are too busy to see

Remember we live here – every day – you do not.

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Reality-resistant Individuals

Who they are:Overinflated sense of self: personally

and/or professionally

Skewed view of the world

Legitimate psychological problems

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Reality-resistant Individuals (cont’d)

What you can do:Make expectations clear

Provide regular guidance & correction

Assess risk of violence or sabotage

Follow ADA protocols

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Nothing Ever Goes As Planned

Surprise Documents

Disappearing Key Witnesses

Inter-Company Squabbles/Dirty Laundry

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I Didn't Think That Counted

Accusing parties of hiding/destroying documents is the latest discovery game

Dedication of business unit and IT/IS resources and well thought out and documented searches are your best defense

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He Doesn't Work Here Anymore

Can be worse than a surprise document

Is easier to prevent or remedy

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Fix it NOW

Trouble will happen in litigationIt’s your opponent’s job to make life

miserable for you

Quick, Aggressive responses to the unexpected and the unwanted are the most effective.

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Engineering vs. Sales and other InterMural

MatchesCover my department emails,

memos and procedures

Killing my rival in my deposition

Litigation Strategy vs. Good Corporate Policy

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Jack Walsh314.719.3728

jwalsh@salawaus.com

Caryl Flannery314.719.3730

cflannery@salawaus.com

Pat Sanders314.288.2990

patricksanders@mungenast.com

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