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We Are All in This Together Shared Challenges for Inside and Outside Counsel
| Date post: | 01-Apr-2015 |
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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
with HR or outside counsel18
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
Caryl Flannery314.719.3730
Pat Sanders314.288.2990
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