Hoping to get your firm’s foot in the door at a corporation as an outside counsel? A panel of corporate general counsel offered some insight on how to do just that at a program held at the ABA Annual Meeting in Chicago.
“The first thing I think about … when hiring outside counsel really is strategic fit and industry awareness,” said Regina Bynote Jones of Archer-Daniels-Midland Co.
“So much of the engagement is less about the transaction and more about the relationship.”
Jones was one of seven GCs of major corporations who spoke about “How Outside Counsel Can Get Corporate Legal Work, Do It Well, and Be Hired as In-House Counsel.”
She said she also considers such factors as:
- Do they have the strategic understanding of the case?
- The industry expertise?
- Diversity of perspective and talent?
- Do these people have credibility and presence to put them in front of our leadership?
For Rick J. Kulevich of CDW Corp., it’s “having confidence they understand my business, our sensitivities, our market and pressures we may be facing.”
In addition to needing a law firm to demonstrate an understanding of the issue and the business, Gayle E. Littleton of Exelon Corp. also wants a firm to “show you can think strategically many steps down” and have a “wider lens” on the issue.
Robert S. Rivkin of United Airlines looks for a firm that’s “arrayed the best talent” and can synthesize the advice and make it practical.
When all the firms have industry experience and a track record, said Laura Stein of Mondelez International Inc., it comes down to who has the best strategy. It’s “critically important to have somebody who believes in our case,” she said, and that they “they reflect our values.”
In a really close call, she said, cost certainty may be the deciding factor.
Kulevich admitted that it takes a lot for CDW to go outside its normal roster of firms, and that it considers its usual stable of firms “an extension of our team.”
However, a firm that has a niche practice or a particular familiarity with the jurisdiction in question will get a second look.
However, Stein likes to add new firm to the mix for pitches. She likes to learn about them and their strategies. Still, “experience in the area is critical,” as is knowing the industry and business and having experience with judges and plaintiffs. She zeroes in on whether they build trust — and of course, cost.
In a pitch meeting, Angela K. Steele of McDonald’s Corp., wants to “be confident they can do the work” and trust that they can achieve results.
Steele receives a lot of direct communication from law firms asking to pitch, which she doesn’t consider very effective if she doesn’t already know the firm. But she conceded there’s an outside chance it can help. A better strategy is when she’s aware of the firm because she’s seen members speak on panels or participate in law firm forums.
Rivkin admitted that he has “taken notice when I get legal updates from experts on Delaware law, for instance, that come unsolicited and specific articles on matters” of interest to United Airlines. And although he has the “authority to hire whoever I want,” he advised firms to not just try to get the attention of GCs, but of other lawyers in the office as well.
Steele advised not wasting money on law firm swag — “it’s not going to increase the likelihood that your firm is going to get business” — but does pay attention to “nontraditional ways to market your firm,” such as hosting events and programs. “Show what you can do,” she said.
Eleanor P. Cabrere of Navistar Inc., has found it effective for external counsel to come in and do a CLE, which provides an opportunity to hear about the firm’s approach and expertise.
She also wants a conflicts check that works for her (i.e., no competitors), so “do your research on that.” Finally, she said, come in “with some thoughts about the matter,” so she gets a sense of you and your team.
It’s a long-term strategic relationship, Jones said, so be proactive and show up with that mindset and “be in a position to advise me on things we haven’t thought of.”
Once in the door, how do you expand the relationship? “You need to build that trust relationship,” Cabrere said. She appreciates receiving emails that say, “Have you seen this?” but warns not to overdo it. Finally, she said, don’t push your firm for everything — stick to what you know best.