Page 3 - Sheppard Mullin Alumni News Newsletter_Winter 2021

• ALUMNI NEWS • WINTER 2021
Strengthening Relationships with
In-House Counsel
Showing the same business priorities as the company you are working for strengthens relationships. For example, Rachel Miller of Sempra Energy noted that her company is committed to diversity and inclusion. It asks its outside counsel to report on certain staffing and diversity metrics, and law firms can get a bonus if they hit those metrics.
Other ways to strengthen relationships are to partner on pro bono matters, such as immigration work. Thinking of ways to interact with clients outside of matters can be very helpful.
It goes without saying, but doing good work and always putting the client first is critical, as in-house counsel refer counsel to each other. For example, being honest if you can’t do the work yourself and providing an excellent referral can prove valuable in the long run.
Most Egregious Mistakes by Outside Counsel
There were several examples of mistakes made by outside counsel which got the outside law firm fired, but the theme of open communication was of utmost importance.
One BigLaw firm didn’t report to in-house counsel about hearings happening, changes in venue, and other litigation updates. That brought distrust and the outside counsel was eventually fired.
Another big issue is overstaffing. One example given was loading two partners and three associates on a single plaintiff litigation case before a complaint was even filed. Stacking a bill and not reviewing pre-bills is a huge issue.
Bad Habits for Outside Counsel to Avoid
When Jaxy was a young Sheppard Mullin associate, she was told that “a client may not read your briefs, but they will read your time entries.” She confirmed that couldn’t be more true now that she is in-house counsel. It’s important to keep your matters on budget and accurately described. When time entries are inconsistent (e.g., two lawyers at same hearing should have similar time entries), it can be detrimental to a relationship.
Dina Segal of Intuit noted that you shouldn’t have to remind outside counsel about the basics, such as a closing binder at the end of a matter. “When you’re fulfilling the small needs, that is huge.”
Another example included respecting the client’s time by providing draft briefs ahead of time and not waiting until the court deadline in litigation. The client often needs to run it by others in their organization, so they suggest providing drafts at least a week before the filing deadline.
Late billing is also not acceptable, such as when an associate leaves the firm and a bill shows their time from six months ago. It’s important to understand the client’s billing rules, as that can cause a lot of issues internally, and the time may need to be written off.
Associate Opportunities to Get
in Front of Clients
It’s all about relationships. Try to hang out where your clients hang out, such as the Association of Corporate Counsel events. SunLaw, another organization of women in-house lawyers, has “enlightenment hours” (aka office hours) where they invite a firm to come to their office and discuss a subject matter of interest and share their expertise. Many relationships take years to develop, so “lean in” to get in front of people.
Corporate counsel are always looking for MCLE credit. Encourage associates to do a lunch and learn to become known as the expert on a specific area of law within the company. Rachel Miller of Sempra Energy commented that Sheppard Mullin’s “Breakfast with Your Labor Lawyers” seminars are a great example of showcasing associates as experts on specific topics through speaking engagements.
Ashley Roberts of Qualcomm emphasized that associates who are interested in doing more work for a specific client should “get to know the products, the industry, set a Google news alert to better understand their business. If you start to understand the issues they encounter, like IP issues, and identify them before the company does, it will build trust.”
Remember to always be genuine and get to know in-house counsel on a personal level. When appropriate, ask about their interests, their family, how they are doing. Empathy can go a long way, especially during this pandemic time.
Client Service Tips for Associates
Rachel Miller of Sempra Energy reminded us that “the Legal Department is a cost to the business, not the profit center like at a law firm. You must keep that perspective and in the back of your mind at all times.” Understand what the business implications are of a recommended legal strategy. Understand how it fits into the overall picture, and consider whether it’s a smart risk they may be willing to take.
Another suggestion was that whenever possible, pick up the phone and respond to a question of in-house counsel as opposed to email. Even if you don’t know the exact answer, it shows that you care and builds trust. They may just listen and talk it through, and other issues may come forward.
Finally, keep in mind that in-house counsel are often more like project managers, so when you can provide guidance that is digestible to a non-lawyer group, it’s extremely helpful.
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We thank our friends and former colleagues who are now in- house counsel for participating in our panel discussion and hope to see them again in person in the very near future.
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