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We Are All in This Together. From Adversary to Ally  Today hiring outside counsel is often a negotiation.  The negotiation process does not necessarily.

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Presentation on theme: "We Are All in This Together. From Adversary to Ally  Today hiring outside counsel is often a negotiation.  The negotiation process does not necessarily."— Presentation transcript:

1 We Are All in This Together

2 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

3 Different Jobs Same Problems  "Big Picture" issues  People can be Strange  The Unexpected and the Unwanted 3

4 Bad Start = Bad Result  Expectations/Goals  Budgets, Billing and Timing 4

5 What’s the Plan?  The difference between a success and a failure is often expectations. 5

6 Managing Expectations  Many aspects of legal projects are resistant to predictability  Lawyers expect unpredictability – Business people may not 6

7 Never Assume  Executives can be legal sophomores  Why? Because many don’t know what they don’t know 7

8 Communication Coordination  Goal –  Consistent message  Message understood 8

9 View from In-House  All In-house is not the same.  One size solutions – rarely fit any company. 9

10 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

11 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

12 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

13 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

14 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

15 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

16 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

17 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

18 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

19 Who Are the Ten Percent?  Untouchables  Vigilantes  Reality-resistant individuals 19

20 Untouchables  Who they are:  Top executives  Top performers  P/politically connected  Those who know where bodies are buried 20

21 Untouchables (cont’d)  What you can do:  Isolate  Physically  Area of responsibility;  Emphasize financial consequences  Demonstrate appreciation  Timing is everything 21

22 Understand the Corporate Context  Each Company has its own culture and it’s very important  Respect the culture with your advice 22

23 Vigilantes  Who they are:  Inflexible people  Crusaders  Looking for $$$ 23

24 Vigilantes (cont’d)  What you can do:  Establish clear reporting channels  Insist on details  Be consistent with all employees  Beware of the NLRB 24

25 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

26 Reality-resistant Individuals  Who they are:  Overinflated sense of self: personally and/or professionally  Skewed view of the world  Legitimate psychological problems 26

27 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

28 Nothing Ever Goes As Planned  Surprise Documents  Disappearing Key Witnesses  Inter-Company Squabbles/Dirty Laundry 28

29 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

30 He Doesn't Work Here Anymore  Can be worse than a surprise document  Is easier to prevent or remedy 30

31 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

32 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

33 Jack Walsh 314.719.3728 Caryl Flannery 314.719.3730 Pat Sanders 314.288.2990 33

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