Brett Coffee, GC and VP Business and Corporate Affairs of Computer Systems Center Inc.
Moving from private practice or an established in-house position to a new in-house position is challenging especially when you're about to become your new employer's first and only in-house counsel. Starting an in-house department can be a great opportunity to define best practices for collaboration. These tips will help you navigate these challenges. Use this list when discussing a possible move to a new company to set positive expectations even before you walk in the door.
1. Understand Your Company's Culture
Before you even start at your new organization, think about the cultural issues that you will face. In many cases, the first lawyer will meet suspicion and resistance in their role and the processes they put in place. Let's face it, many people are apprehensive about dealing with attorneys and the legal process, especially if they aren't used to it. Your first few weeks will set the tone for how well you and your department will interact with the rest of your organization. Understand how information flows through a company and how top management works with each other. The sooner you understand how things work, the sooner you will show your value and be seen as an ally.
2. Adhere to High Ethical Standards
As your company's in-house counsel, you may find yourself both explaining your ethical restrictions and managing the ethical responsibilities of the entire organization. Remember that as the first lawyer your credibility is your most valuable asset. Set a strong tone early, and make every effort to make sure you're upholding the highest ethical standards possible. Many in-house counsel even decline to join the annual NCAA March Madness brackets to avoid the perception of participating in an activity that is still technically illegal.
3. Demonstrate Your Value
Showing the value of your work is key to establishing yourself and your department within your organization. This may be challenging early on budgets may not take new efforts into account and top management may not understand your role or the varied skill sets and training you bring. This can be especially difficult when you report to your CFO but it's your CEO who needs results. When you come aboard, plan to tackle some issues, which will result in quick wins first and then work on solving larger issues. And make sure your reporting relationships align properly with your role as GC.
4. Learn the Business
As in-house counsel, your focus is to support the business of the organization. Executives are looking for a recommendation on how best to proceed, and not a detailed memo listing pros and cons but no conclusion. Understand what kind of business your organization does, who the players are, what the terminology is, and how to incorporate the business realities into your legal recommendations. Learn business issues facing your company and integrate yourself into business meetings, site visits and project development work. The hours you spend learning your company's business will equip you for success and build credibility with the rest of the organization.
5. Embrace Change
Don't expect your new company to work or react like your former employer. This might seem obvious, but it's easier said than done. Avoid the temptation to do things the same way you've always done them. Review the company's vision statement, then write down your observations of your new employer's goals and those articulated at other places you've worked. Use your observations as a guide to finding new solutions and presenting your proposals in ways that will be effective within your new organization.
6. Collaborate
In-house lawyers rarely work in a vacuum. Your ability to work with others within your organization will define your success at the new company. A GC often will work most closely with the CFO, but also with human resources, marketing, communications, business development and sometimes even engineering or product development. Even if you don't work with a department regularly, you'll need to draw on their expertise and coordination at some point. Keep two things in mind. First, be respectful of their role and point of view, as they were generally dealing with the company's compliance issues before you arrived. Second, realize that many in your new organization see you as a cost-center. Showing your value to the organization and to the teams you're working with will help change those perceptions.
7. Lay a Foundation for Your Department's Future
As your company's first in-house counsel, you're responsible for creating a solid foundation for your legal department and presenting a clear roadmap for how it should evolve. This might be as simple as identifying your second legal hire or as complicated as thinking through the ramifications of an IPO or a major litigation. Establishing a vision early will avoid disruptions when new developments arise down the road.
8. Leverage In-house Resources in Your Community
Tap into existing in-house resources that can help you meet the challenges of your new job. ACC provides a wealth of information on countless in-house topics through www.acc.com, listserves, reference materials, CLE and other programs, as well as committees and local chapters. In addition, established law firms often provide email updates and CLE classes, which present opportunities for learning about specific topic or new developments and networking with fellow in-house lawyers. Local corporate organizations such as the Northern Virginia Technology Council outside Washington, DC, also often provide forums for in-house lawyers.
9. Work with Outside Counsel
Anyone who has ever been a company's first in-house attorney will tell you that partnering with outside counsel is essential to the job. As the sole lawyer in an organization, sooner or later you will face an issue that falls outside your experience or available time. Working with outside counsel in a budget-conscious and results-oriented manner is essential, especially since some within your organization won't understand why these individuals are still needed now that you are part of their organization. And prepare your outside counsel well, to ensure that you look successful. Help them understand the business while helping your executive team understand outside counsel's role. Work closely with them to set realistic budgets and discuss them frequently to avoid surprises and address issues promptly. Reducing internal and external conflicts becomes much easier by addressing these issues beforehand.
10. Stay Balanced
The typical perception is that lawyers choose to go in-house for quality of life reasons. But these days, few in-house lawyers would describe their jobs as easy. With your company's welfare resting on your shoulders, any mistake you make could jeopardize people's lives, jobs and wellbeing. That can translate into physical, emotional and mental stress. If you're your company's only lawyer, it's in everyone's interest that you stay healthy and manage your stress level. So take the time to work out regularly, spend time with your family and use your position to be a resource in the community and an asset to your company outside the workplace.