This past week I was honored to be the keynote speaker at the 2017 ACC Alberta Annual Conference in Calgary. First, let me say that Calgary is a wonderful city and a great place to visit (and the people are awesome too). Second, a big “thank you” to ACC Alberta for inviting me and hosting a tremendous event. One of the topics I spoke on was what to do when you are faced with a data breach. It was a very interactive session with lots of great questions and feedback from the lawyers in the audience. In particular, we spent some time discussing the recent Equifax data breach and the very negative fallout that company is experiencing – mostly because it seems Equifax was very unprepared to deal with a breach. This is very surprising given the nature and the amount of sensitive data in its possession. We also talked a lot about things in-house counsel should be doing before there is a breach. Some of those things were in my presentation, others were brought forward by members of the audience. And as I stood on stage listening to the discussion I knew I had my next blog forming right before my eyes. As important as it is to know what to do if you have a breach, there are a number of things that all in-house lawyers should focus on before there is a breach and by doing so, you can substantially limit the potential damage caused by a breach. So, with big thanks to my friends from Canada, this edition of “Ten Things” will discuss ten things to do to get your house in order before you are faced with a data breach:
I have been an in-house lawyer for almost 25 years, with a large chunk of that time spent as the general counsel. During my time, I have seen my peers and people who worked for me do some really great things and some really foolish things. I certainly did my share of both. As a manager and as general counsel, I often had lawyers ask me, “What are the things I need to do to get ahead here in the legal department?” This is an excellent question and one every manager hopes/expects to hear from their employees, especially those who show the skills and drive necessary to move up the chain. A good manager or more experienced colleague, however, also consider the flip side of that same question and is ready to proactively, or in response to a specific question, counsel in-house lawyers on the things they need to avoid doing to succeed in the in-house world. To cut to the chase, being an in-house lawyer is much harder today than it was 10 years ago, and the wrong move can be your first-class ticket to Unemploymentville. I know that over the long term, I was able to claim the general counsel chair because, among other things, I asked a lot of questions about what I should be doing, but I also listened hard when people told me what not to do or, if I did mess up, I learned the lesson then and there and did not repeat the mistake. That can be easier said than done, especially when the day is jammed with work that needs to get done vs. spending time thinking about what you did – or might do – wrong. I thought this edition of Ten Things should share my list of 10 things that can kill your in-house career:
I was a panelist at the 16th Annual Advanced In-House Counsel Course in San Antonio, Texas on August 18, 2017. I was joined once again by Jason Smith of Apttus and Jane McBride of Optimus Legal to discuss ways lawyers can work smarter and not harder – a worthy goal if ever there was one! Of course, one of the main ways to accomplish this is through the use of technology which we all touched on at some point during the discussion. If you follow this blog regularly, you know that I have recently written on the impact of artificial intelligence on in-house legal departments as well as ways to slay the “Email Jabberwocky.” Both highlight ways technology (and common sense) can help you do more in the same or less time. You also know that I enjoy writing about the use of technology generally by in-house lawyers. And now that I have gotten back in the General Counsel game after two years of private practice, I am focusing even more intently on ways technology can make my and my team’s lives easier. What all of this means is that it is time for my annual “Cool Tech” blog post. You can read my past posts for Cool Tech 2015 and Cool Tech 2016 (and I still recommend all of the technology mentioned there), but this edition of “Ten Things” will discuss an all-new list of cool tech for in-house lawyers. As always, I do not receive any compensation or anything to endorse these products, it’s just my opinion about technology I think in-house lawyers might find useful:
[Note: this is a summary version of a four-part series I wrote for Thomson Reuters earlier this year with some key updates and new sections. You can find the full series by clicking here]
Some of the best scenes in the television show Star Trek (the original version) involve the crew members asking the computer a question and the computer spitting out the answer in the form of a conversation. I was utterly amazed by this and, of course, wanted my own computer that would “answer” my questions. Alas, I was ahead of my time. But, I was recently reading an article comparing the Google Home with the Amazon Echo, two devices that allow you to ask questions and get an answer. From a computer. Just like Star Trek! This brought back two important memories from the TV show: 1) intelligent computers that can talk and answer questions; and 2) never be the crewman in the red shirt. I always lived by the latter and now, it dawned on me, I could start to live by the former too.
Managing a legal project is not an easy task. Not for in-house counsel or for outside counsel. There are simply too many ways for a project to “come off the rails” and turn into a disaster. Usually, the disaster has to do with cost/budget. While blowing the budget is definitely not good, a worse scenario is when the disaster results in the project failing, be it a contract, and merger or acquisition, or a piece of litigation where the stakes are high. A project “fail” can mean big problems for in-house lawyers, all the way up to being shown the door. This is why it’s so important for in-house counsel and outside counsel to be on the same page any time there is a project of material size or risk. The key for in-house counsel is understanding that you cannot simply turn the project over to outside counsel and “hope for the best.” Successful legal projects require the involvement and input of in-house lawyers every step of the way.
Over the past decade or so, “Legal Project Management” has grown into an accepted (and in-demand) way to manage legal work sent to outside counsel. However, it can be a rather involved process and while I am a big believer that it does pay off not all in-house lawyers are ready to step up to the level of commitment required to really do “LPM” right. That’s okay. I think any in-house lawyer can apply the basic concepts of LPM and even a cursory application of the basics will lead to better project management and better results. This edition of “Ten Things” discusses the basics of Legal Project Management and how you can utilize them as a “beginner” to the process:
Almost all in-house lawyers have dealt with mediation at some point. If you haven’t to date, you will. Mediation is a process to resolve disputes between parties where a neutral third party helps facilitate the discussions, negotiation, and (hopefully) ultimate settlement of the dispute. Unlike arbitration, mediation is generally voluntary and non-binding. Meaning, in addition to picking their mediator, the parties get to decide whether and how they will resolve their dispute. There are times when mediation is mandated, i.e., the parties must go through the process such as, for example, when their contract requires it as part of a dispute escalation process. Likewise, there are times when a court will require mediation with the judge (or magistrate judge) acting as mediator (sometimes called a “settlement conference”). Mediation is often your best opportunity to settle a dispute before undergoing the expensive process of all-out litigation and trial. Unfortunately, many in-house lawyers — or their clients – treat mediation like a poor cousin to arbitration and waste the opportunity. This is usually because of either indifference or the idea that you can “just show up” and mediate. Wrong! There are many things you need to know about mediation in order to have the best chance at a successful outcome. This edition of “Ten Things” discusses the key points in-house counsel need to know about mediation.
I realized the other day that it has been a while since I posted an index to all of the blog posts – November 2016 to be exact. Since the last time I did this the blog has grown to well over 2,000 direct subscribers and the American Bar Association has published my book (based on the blog) entitled “Ten Things You Need to Know as In-House Counsel: Practical Advice and Successful Strategies.” Speaking of which, last week I received the highest compliment I could imagine about the book: my Dad read it and said it was “pretty good!” All heady stuff for a guy who started out just wanting to jot down some of the things he learned over the course of a 20+ year career as an in-house lawyer.
I know there are a lot of great blogs and websites out there for you to read (and I’ll be writing about those later this year). So, I am very appreciative of the fact that you make time to read my posts. Based on the comments, the emails, and from talking with many of you directly, I hope I can continue to write about things that interest you and do so in a way that is practical and useful. If not, then I have missed my mark. I know I have missed my mark with being able to prepare a proper index on the actual blog site. I am still a bit wary about messing with the technical aspects of WordPress because I think I’ll delete everything. I know that’s not really likely, but that’s my biggest fear. Anyway, I promise I’ll keep working on it but in the meanwhile, by popular demand(?), here is an index of all of the posts from the beginning back in November 2014 through today:
’Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.
“Jabberwocky” – Lewis Carroll
I am a fan of Monty Python’s Flying Circus. So, instead of titling my article slaying the email “beast”- which would be the more conventional path – I am taking a slightly different road and reaching back to a movie from the 1970’s entitled “Jabberwocky” based on the poem by Lewis Carroll and featuring members of the Monty Python troupe. If you have not seen the movie nor read the poem, do not fear. No knowledge of either is required to understand this article (though you are missing out on some good laughs). All you need to know is that the Jabberwocky monster is a terrifying beast that truly needs a serious butt-kicking. Just like email.
My love/hate relationship with email goes way back. Like many, once I had a taste of the email-crack, it became the main way I communicated at the office. And like an invasive species, it quickly replaced written memos, letters, phone calls, and old fashion face-to-face chats. I realize now this was all a big mistake as, over time, I found myself in a horror movie of my own making. Like “The Blob,” email soon oozed into every part of my day along with many of my evenings and weekends. Smart phones only increased its deadly, hypnotic power. I knew I needed to get email under control and through a lot of trial and error I came across several great ideas and discovered a few of my own – all designed to take back the work day from email. If you woke up today interested in getting out from under the tyranny of email, you’re in luck. Grab a cup of coffee and settle in. This edition of “Ten Things” shares some simple but highly effective ways you can control the amount of email you deal with on a daily basis:
One of the great benefits of being an in-house lawyer is that you do not have to spend time chasing clients and developing business. All the work you will ever need is typically right in front of you – 24/7. And you don’t have to worry about collections, your client always pays on time. One the downsides of being an in-house lawyer is that you only have one client – the company – and you need to keep them happy – 24/7. Actually, while the company is your official client, the reality is you have many in-house masters. Practically every employee of the company may need to come to you and the Legal Department for assistance and it is your job to help them. The more challenging task is keeping them happy. Just like clients of outside law firms, in-house clients present many challenges beyond simply expecting you to do good legal work. Having sat on both sides of the in-house/outside counsel table, I feel in-house clients can be more challenging to manage because they usually expect more from you than just legal advice, i.e., they want you to be “part of the business” as well. And the meaning of being “part of the business” varies by individual. Learning how to manage all of these expectations and demands is a key part of being a successful in-house lawyer.
I have had my share of in-house clients who thought I walked on water, as well as those who wanted to tie a boulder to my neck so I sunk into the water – all the way to the bottom. Fortunately, I had more of the former than the latter. But, it did not come out that way without some work on my part. Over the 20+ years I spent in-house I learned a lot about managing clients and things to do (and not do) to keep them happy. While a lot of this is fairly basic, even the basic stuff is not always readily apparent. With that in mind, this edition of “Ten Things” will discuss things you can do to get your in-house clients to love you and the Legal Department.
Unless you’ve been living under a rock (and that may not be such a bad idea these days), you know that “social media” is everywhere. President Trump has certainly underscored this fact through his near daily use of Twitter. It seems like almost everyone has a personal Twitter, Snapchat, or Facebook account. In addition, most professionals have a LinkedIn account. They might also have an Instagram account and a blog or two as well. I personally am guilty as charged on all of these counts. Likewise, most companies have multiple social media accounts and they are used by the CEO, CFO, Marketing, Corporate Communications/Public Relations, HR, Investor Relations, and for crisis communications. Lastly, many companies are now using collaboration tools like “Slack” and “Huddle” to connect their employees (and their employees with their customers). These tools are, in many ways, simply private social media sites.
While there are many positives to social media, there are also a lot of negatives. Or at least the potential for negatives. As in-house counsel you need to be aware of the problem areas, especially as to your own use of social media. This edition of “Ten Things” discusses some of the basic things you need to think about when using social media or advising your business colleagues about the same. The answer isn’t to stop using social media, but to always be thinking about the implications of what you post. You need to amplify your self-awareness skills whenever you go online. And always keep in mind that while your social media account may be “personal” it reflects on you and will (good or bad) impact your relationship with the company. Here are some things to think about: