{"id":15,"date":"2005-11-19T10:34:20","date_gmt":"2005-11-19T14:34:20","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/amytest\/2005\/11\/19\/chief-legal-officers-speak\/"},"modified":"2012-05-07T15:19:06","modified_gmt":"2012-05-07T19:19:06","slug":"chief-legal-officers-speak","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/amy\/2005\/11\/19\/chief-legal-officers-speak\/","title":{"rendered":"Chief Legal Officers Speak"},"content":{"rendered":"<p><a title=\"a167\" name=\"a167\"><\/a><\/p>\n<p>1. &#8220;I hire lawyers not firms&#8230;&#8221;<br \/>\n2. &#8220;Firms who churn their associates are very frustrating to us&#8230;&#8221;<br \/>\n3. &#8220;Word of mouth&#8221; is most reliable referral source&#8230;<br \/>\n4. &#8220;Cold calling&#8221; and &#8220;sending brochures&#8221; doesn&#8217;t work<br \/>\n5. &#8220;Cross marketing from a trusted partner can work&#8230;&#8221;<br \/>\n6. &#8220;Rates aren&#8217;t as important as efficiency&#8221;<br \/>\n7. &#8220;No surprises!&#8221;<br \/>\n8. &#8221; Focus on what I need to succeed&#8221;<br \/>\n9. &#8220;Buy me lunch&#8221;<br \/>\n10. &#8220;Don&#8217;t talk to my boss&#8221;<\/p>\n<p>These are the top 10 sound bites (according to me) from <a href=\"http:\/\/www.lmanewengland.org\/2005regionalconference\/schedule.asp\">CLOs Speak: Obtaining and Creating the Ideal Client Relationship<\/a>,<br \/>\nthe Legal Marketing Association &#8211; New England Chapter&#8217;s pre-conference<br \/>\nevent co-sponsored by the Association of Corporate Counsel, November 17<br \/>\nin Boston. The panel, moderated by Susan Hackett, the ACC&#8217;s senior vp<br \/>\nand general counsel, included Barry Nagler (Hasbro), Kellye L. Walker<br \/>\n(BJ&#8217;s Wholesale Club), and Gant Redmon (Arbor Networks) representing<br \/>\nthe array of in-house law departments from small to large. As moderator<br \/>\nHackett pointed out, the in-house legal department is subject to myth \u2014<br \/>\nthey are not all huge megalithic internal law firms, they are often<br \/>\none-person shops.<\/p>\n<p>From those attendees I talked to this was the standout event of the<br \/>\nconference. If you missed it, here are my notes. <span>PLEASE NOTE: This is not a word-for-word transcript&#8230; but an accurate portrayal of the discussion,<br \/>\noccasionally paraphrased and shortened\/truncated&#8230;<\/span><\/p>\n<p><strong><span>Meet the panelists<\/span><\/strong><\/p>\n<p>Nagler (Hasbro): We use outside counsel as a cost minimization<br \/>\nstrategy&#8230; we have a large in-house department. Three criteria to keep<br \/>\nwork in-house: 1) is it core to strategic success of Hasbro? 2) is it<br \/>\nan area of law where we have substantial repeat business?&#8230; one-offs<br \/>\ngo out. 3) what&#8217;s fun? We keep the entertainment law and send out the<br \/>\nERISA.<\/p>\n<p>Walker (BJs): We have a small in-house department \u2014 5 lawyers. We<br \/>\nhandle all routine work, contracts with vendors in house. We farm out<br \/>\nlarge litigation, anything novel, anything highly regulated, high<br \/>\nvolume, and anything very complex (real estate).<\/p>\n<p>Redmon (Arbor Networks): If it has to do with revenue, I handle it. I<br \/>\nkeep transactional stuff. I farm out trademark, patents, and HR.<\/p>\n<p><strong><span>On the topic of convergence<\/span><\/strong><\/p>\n<p>Nagler: Litigation is not an area where we narrow down the number of<br \/>\nfirms. Engagement of a new law firm is a time intensive process. We are<br \/>\nlooking for cost opportunities. Working with a firm on a repeat bases<br \/>\ncreates open-mindedness toward alternative billing arrangements once we<br \/>\nare known entities. The more your lawyers understand you, the better<br \/>\nthey can add value.<\/p>\n<p>Redmon: I&#8217;m not trying to get down to a single firm. I hire<br \/>\nindividuals. I actually have two firms serving me for patents, I use<br \/>\none for corporate, two for patents, one for trademarks, one for HR and<br \/>\none for Internet, for a total of 6 outside firms.<\/p>\n<p>Walker: We use 35 to 40 firms. Many are for real estate. We&#8217;re more<br \/>\nanti-convergence. I inherited entrenched firms but then find<br \/>\nopportunities for new matters to try new firms based on relationships.<\/p>\n<p><strong>Moderator Hackett put the panel into a national perspective by offering<br \/>\nsome statistics on convergence from the <a href=\"http:\/\/www.serengetilaw.com\/News\/051017_ACCA_2005_Survey.htm\">ACC Serengeti Survey<\/a>:<\/strong><\/p>\n<p>Number of law firms used by a medium in-house law department<br \/>\n2003 = 25 firms<br \/>\n2004 = 10 firms<br \/>\n2005 = 8 firms<\/p>\n<p>Smaller in-house dept.      = 5 firms<br \/>\nMedium in-house dept.     = 10 firms<br \/>\nLarge in-house dept.         = 15 firms<br \/>\nXXX-large dept.               = 100s<\/p>\n<p><strong><span>On how firms make the list<\/span><\/strong><\/p>\n<p>Walker: I hire lawyers not firms&#8230; what I&#8217;m looking for in a firm is<br \/>\nhow the relationship partner leverages their pool of talent, and what&#8217;s<br \/>\ncoming along in the pipeline. I don&#8217;t always want to see the senior<br \/>\npartner. I want to see how they take care of their people, and I want a<br \/>\nteam approach where anyone can answer my question. Of course diversity<br \/>\nis very important to me for obvious reasons. I want to see that they<br \/>\nare providing opportunity, developing the pipeline. And I want to see<br \/>\ndiversity not just on the RFP, but who is billing on my job.<\/p>\n<p>Nagler: Absolutely, it&#8217;s all about the lawyer. Law firms who churn<br \/>\ntheir associates are very frustrating to us &#8212; we train them and get<br \/>\nthe to a comfortable level where they are working at a good quality and value level, and<br \/>\nthen they are gone. Is a marquee firm brand insurance for the board?<br \/>\nThe board has .01% visibility on what goes on in the legal department.<br \/>\nThey are more interested in the budget. Bet the store litigation, maybe<br \/>\nthen name brand counts.<\/p>\n<p>Redmon: New hires come from a general counsel group and an  e-mail<br \/>\nlist I belong to. It&#8217;s word of mouth. Buy us lunch, not downtown but on<br \/>\n128. Speak to our in-house general counsel group. Do a &#8216;try and buy&#8221; &#8212;<br \/>\nI asked someone do it for me for free and I might hire you.<\/p>\n<p>Walker: We hire on &#8220;word of mouth,&#8221; former colleagues and personal<br \/>\nrelationships. We&#8217;ll also ask lawyers that don&#8217;t handle a specific area<br \/>\nof work to see how they can help us&#8230; it&#8217;s a way to test and build<br \/>\ntrust. Cold calling is out&#8230; so is sending brochures.<\/p>\n<p><strong><span>Cross marketing from a trusted current attorney?<\/span><\/strong><\/p>\n<p>Nagler: It works one out of every 15 times. The other panelists said they depend on it.<\/p>\n<p>How does that panel compare to the national numbers? ACC&#8217;s survey results on<br \/>\nwhat criteria in-house counsel uses to select outside counsel:<\/p>\n<p>1. Lawyer expertise<br \/>\n2. Lawyer reputation<br \/>\n3. Past relationships\/successes<br \/>\n4. Firm&#8217;s noted expertise<br \/>\n5. Firm&#8217;s reputation<\/p>\n<p><strong><span>Then what about cost?<\/span><\/strong><\/p>\n<p>Nagler: Rates aren&#8217;t as important as efficiency. You assume the quality<br \/>\npiece&#8230; so if there are 40 qualified candidates, I can choose the most<br \/>\ncost effective. We are billed hourly, but looking at getting discounts<br \/>\nand ways to share risk and reward. The most important thing &#8212; no<br \/>\nsurprises! Need to put yourself in your client&#8217;s shoes. If you see<br \/>\ncosts going up, say something.. get proactive. It&#8217;s very important. We<br \/>\nall know stuff happens, but &#8216;pick up the phone.&#8217;<\/p>\n<p>Redmon: If I get a big bill, I tell them I can pay this, but it will be<br \/>\nthe last one I can pay&#8230; I asked them what did they think was fair&#8230; we<br \/>\nworked it out&#8230; I prefer it when you call me and tell me how many<br \/>\nhours you ate.<\/p>\n<p>Walker: I try to set expectations and manage the relationship. We are billed hourly.<\/p>\n<p><strong><span>Newsletters?<\/span><\/strong><\/p>\n<p>Redmon: I love &#8217;em! I read them. Sometimes I read them and say, &#8220;Oh,<br \/>\ncrap!&#8221; is this something I should pay attention to. I read both kinds<br \/>\n(e-mail and paper)&#8230; I read newsletters from 4 firms just on HR.<\/p>\n<p>Walker: I get 1 and a half a day. The subject line is the most<br \/>\nimportant thing. If there is a reason for me to read it, I will open<br \/>\nit. Rather than mass mailings, a personal e-mail to a specific client<br \/>\nwith a note &#8212; &#8220;Kellye, look at #2&#8221; &#8212; that has worked.<\/p>\n<p>Nagler: I also get 1 to 2 a day. I am appreciative&#8230; I get 8<br \/>\nnewsletters just on patents. However, if you&#8217;re going to do it be<br \/>\ncontemporaneous and topical&#8230; you have to be out front and on top of<br \/>\nthe issues&#8230;<\/p>\n<p><strong><span>Diversity<\/span><\/strong><\/p>\n<p>Nagler: The only brochures I read are from minority-owned or<br \/>\nwoman-owned firms as we are looking to hire &#8212; not fire&#8211; based on<br \/>\ndiversity.<\/p>\n<p>Kellye: I want to see a true commitment to diversity and the pipeline.<br \/>\nIn a convergence situation, yes, diversity would play a role in which<br \/>\nfirms I keep and which firms I fire.<\/p>\n<p><strong><span>Closing comments<\/span><\/strong><\/p>\n<p>Nagler: Firms should focus on &#8220;what does general counsel need to<br \/>\nsucceed?&#8217; Having in-house practitioners in your firm definitely helps.<\/p>\n<p>Walker: Marketing needs to be customized. Also, don&#8217;t say what you aren&#8217;t. Don&#8217;t promise what you can&#8217;t deliver.<\/p>\n<p>Redmon: Blackberry, good. If your client hires a new GC, get on a plane<br \/>\nthat day and take them out to dinner that night. Help me get a job.<br \/>\nMake me look good. And, don&#8217;t talk to my boss.<\/p>\n<p>See related post: <strong><a href=\"http:\/\/blogs.law.harvard.edu\/amy\/2006\/11\/17\/what-drives-corporate-counsel-in-their-relationship-with-outside-counsel\/\">What Drives Corporate Counsel in Their Relationship with Outside Counsel<\/a><\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>1. &#8220;I hire lawyers not firms&#8230;&#8221; 2. &#8220;Firms who churn their associates are very frustrating to us&#8230;&#8221; 3. &#8220;Word of mouth&#8221; is most reliable referral source&#8230; 4. &#8220;Cold calling&#8221; and &#8220;sending brochures&#8221; doesn&#8217;t work 5. &#8220;Cross marketing from a trusted &hellip;<\/p>\n<p class=\"read-more\"> <a class=\"more-link\" href=\"https:\/\/archive.blogs.harvard.edu\/amy\/2005\/11\/19\/chief-legal-officers-speak\/\"> <span class=\"screen-reader-text\">Chief Legal Officers Speak<\/span> Read More &raquo;<\/a><\/p>\n","protected":false},"author":89,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[192],"tags":[],"class_list":["post-15","post","type-post","status-publish","format-standard","hentry","category-law-firm-marketing"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/posts\/15","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/users\/89"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/comments?post=15"}],"version-history":[{"count":1,"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/posts\/15\/revisions"}],"predecessor-version":[{"id":806,"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/posts\/15\/revisions\/806"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/media?parent=15"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/categories?post=15"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/amy\/wp-json\/wp\/v2\/tags?post=15"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}