Peter Barr talks about what outside counsel have done to make a positive impression

What are some things that outside counsel have done that have made a positive impression and/or impact? Diversity - that word gets a lot of play these days. But that is because diversity is important - diversity in background, in thought, in experience. A few law firms have impressed me with their support of diversity. What does support for diversity mean? It means more than just having minority attorneys in the firm. Firms that support diversity have embraced the concept that a better product is produced by a diverse team. Firms can evidence that support of diversity by giving a young minority attorney the opportunity to work directly with a client on a matter, by including diverse attorneys at client events and allowing them to represent the firm publicly, by bringing on diverse partners, and by mentoring young attorneys of all types. I have been impressed by the law firms that do this. Do not overlook that diversity includes, among a long list of characteristics, ethnicity, background, gender diversity, sexual orientation, and different personality types. Do not forget that diversity includes those attorneys with big personalities and those that are quiet, deliberative attorneys. It takes all kinds.

Do in-house counsel care if your outside counsel is a super/best/elite lawyer? It’s always nice to see that one of your attorneys is the recipient of industry or peer group awards. It is a confirmation of your choice. But, most of us still select lawyers, and not firms, by referrals. You want to be the person to which someone will refer, including attorneys from other firms.

What are the biggest mistakes outside counsel can make? (What should law firms avoid?) Of course, the common wisdom is that firms should avoid not communicating fast enough or clearly enough or to the wrong person (never go around the in-house counsel to a client’s executives.) But by now, this is likely common knowledge.

One of my pet peeves is when a firm does not make appropriate use of local counsel in another jurisdiction. It is a serious miscalculation to not listen to and heed local counsel’s advice on the judge, the opponent, the jury, the local court procedures, the case at hand and anything else they may know about the lay of the land. Be sure to pick local counsel carefully and use them wisely.

But the biggest mistake outside counsel can make is the failure to use in-house counsel as a resource and a teammate. Yes, we are the client, but we also have been living in the client culture and know the business. We can tell you whether one executive is credible, whether an employee would be a good witness, how a decision would have been made, and who would have made it. We can guide you as to how aggressive to be in negotiating a contract and which clauses are important to the client and what a client’s risk tolerance is. You do not want to be the attorney that gets pulled off a matter or worse gets the firm fired because you dug in on a matter the client thinks is not important or who heads down a wrong path in discovery without consulting in-house counsel.

A relationship with in-house counsel is important to develop. Often we bring specific talents to the table, be that the ability to see the important patterns in a spreadsheet, or to tell the company’s story in an honest and persuasive way in a pleading. In any case, we offer a unique perspective that adds great benefit and does not run up the client’s bill. Make us a member of your team, not just a client. Reach out to us and discuss and then listen.

What advice would you give to a junior associate at a law firm? I regularly tell young attorneys to not stand on the ridgeline and look down at their client struggling in the mud and then tell the client that they should not be in the mud. Get down there and help. Business is not a clean knight riding on the ridgeline on a bright sunny day. If life were always such, then we would not need attorneys. It is hard work done in the trenches. It involves people and personalities, and often not law books. Remember that no matter how it seems at the time, most clients are trying to do the right things. Do not critique your client, but rather get involved, learn the client and then offer constructive ideas. Go to the stores/plants/offices, listen to in-house attorneys and the client, observe the culture and how information flows, and most important, recognize that you do not understand, at least not at first.

Be kind and polite … to everyone.   If it does not come naturally, then learn as this is a necessary and invaluable skill. If you really do not feel that you need to be kind and polite, then consider it enlightened self-interest. You need the court clerks, the firm’s staff, and your opposing counsel’s staff to help you and to not quietly sabotage your efforts. If you walk into a room, a conference room, a courtroom, a clerk’s office, an administrative assistant’s cubicle and think you are the smartest person in the room, you absolutely are not. Everyone has experience and knowledge to lend. And many know a lot more about how things really get done. This is not to say that assertiveness is not often required, or that even aggression is not sometimes required. Clients need lawyers who can and will advocate aggressively on their behalf. However, we rarely need attorneys with aggression and personality issues. Always work to keep your ego in check. Making decisions based on your ego evidences a brittle ego and undercuts your reputation faster than about anything.

I may differ from some in-house counsel, but do not write me memos. The memo/article style that got you onto law review, does me little good. I need clear, concise summaries of the law, the facts, etc. Generally business moves fast and oftentimes the legal department is not brought in until the end. Law school did not completely prepare you for the real world practice of law. So go out and get real world experience. If you get a chance to travel with a client, jump at it. There is no better way to learn. Look for opportunities to become a friend and confidant to your client. Hold confidences closely and be loyal whenever you can, only giving up a confidence after considered thought about your ethical duties.

Finally, be forgiving of the human condition. Not everyone is as smart as you are, or smart in the same way. And you will not be as smart or knowledgeable or experienced as many whose path you may cross. Stay calm. Stay supportive. But when there is chaos, be the source of wise advice, not rash assertions.

And absolutely find a mentor.