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Published byKiera Raye Modified over 9 years ago
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We Are All in This Together
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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. 2
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Different Jobs Same Problems "Big Picture" issues People can be Strange The Unexpected and the Unwanted 3
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Bad Start = Bad Result Expectations/Goals Budgets, Billing and Timing 4
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What’s the Plan? The difference between a success and a failure is often expectations. 5
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Managing Expectations Many aspects of legal projects are resistant to predictability Lawyers expect unpredictability – Business people may not 6
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Never Assume Executives can be legal sophomores Why? Because many don’t know what they don’t know 7
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Communication Coordination Goal – Consistent message Message understood 8
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View from In-House All In-house is not the same. One size solutions – rarely fit any company. 9
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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 10
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Who’s on First? Executive wants to be very involved or barely involved Inside counsel or Outside counsel When is it the Legal Dept.’s problem When the Business Unit is making the call. 11
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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 12
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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 13
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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 14
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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 15
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Detailed Budgets Legal budgets need to address all probable scenarios By definition, not all scenarios will actually occur A detailed budget can’t be added up; you need to choose pieces to create alternate “realities” If timing is an issue let us know 16
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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; 17
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Why Good Deeds Go Bad Failure 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 counsel 18
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Who Are the Ten Percent? Untouchables Vigilantes Reality-resistant individuals 19
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Untouchables Who they are: Top executives Top performers P/politically connected Those who know where bodies are buried 20
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Untouchables (cont’d) What you can do: Isolate Physically Area of responsibility; Emphasize financial consequences Demonstrate appreciation Timing is everything 21
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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 22
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Vigilantes Who they are: Inflexible people Crusaders Looking for $$$ 23
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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 24
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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. 25
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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 26
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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 27
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Nothing Ever Goes As Planned Surprise Documents Disappearing Key Witnesses Inter-Company Squabbles/Dirty Laundry 28
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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 29
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He Doesn't Work Here Anymore Can be worse than a surprise document Is easier to prevent or remedy 30
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Fix it NOW Trouble will happen in litigation It’s your opponent’s job to make life miserable for you Quick, Aggressive responses to the unexpected and the unwanted are the most effective. 31
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Engineering vs. Sales and other InterMural Matches Cover my department emails, memos and procedures Killing my rival in my deposition Litigation Strategy vs. Good Corporate Policy 32
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Jack Walsh 314.719.3728 jwalsh@salawaus.com Caryl Flannery 314.719.3730 cflannery@salawaus.com Pat Sanders 314.288.2990 patricksanders@mungenast.com jwalsh@salawaus.com cflannery@salawaus.com patricksanders@mungenast.com 33
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