Qualities and Skills Needed to Succeed as an in House Lawyer
Typically, a majority of students who train for a career in law will have their sights firmly set on private practice. Working for a law firm, and climbing the career ladder to partnership is seen as a well-respected and potentially exciting and lucrative career. Working in-house is often seen as second best – a way for “failed” private practice lawyers to make a living without having to set up shop on their own, a cushy number with more predictable hours, lower pay but better work/life balance.
Fortunately, in the past couple of decades, as more and more companies have realised the value of having internal counsel, this lazy stereotype has been consigned to the dustbin. There are plenty of talented individuals working in industry who are at least the equal of their private practice counterparts. As such, in-house practice is beginning to be much more appreciated as a valid career choice in its own right.
The main difference between an external and internal role is that the industry lawyer, as an employee with a single client, is much closer to the business he or she advises. Given this relationship and position, a slightly different skill set is needed than lawyers who work in private practice. Following are some of the qualities needed to succeed as an in-house lawyer (IHL).
Legal Triage
Unless he or she is working as part of a large team, the IHL will be responsible for dealing with all of the legal issues that arise in the business. This includes everything from industry-specific matters (such as regulation, compliance, and contract negotiations) to the business as usual necessary in any enterprise (such as employment, facilities, and property issues). It is simply not possible to devote the same time and energy to every matter.
The IHL is a guardian of risk in the business, and as such, sometimes difficult decisions need to be taken on how much resource is committed to low margin deals, or small matters where the risk of breach, or the financial exposure on breach, is minimal. This requires good judgement, common sense, and the ability to “let go” where appropriate.
Interpersonal Skills
A private practice lawyer who does not have a good working relationship with a client has the option of ending the relationship. An IHL has to change jobs. As such, an IHL needs good people skills. This includes the ability to communicate with non-legal colleagues on a level they can understand and relate to (without being patronising), develop relationships by building rapport and earning respect.
To be effective as a trusted adviser and influencer in the business, an IHL needs to be able to argue his/her corner. In-house legal teams are often seem by their commercial and sales counterparts as obstacles to getting a deal done. It’s up to the IHL to challenge this perception by visibly adding value at all stages of a transaction and acting as an enabler rather than a road-block.
Managing External Lawyers
IHL’s are usually short on time and short on resource, meaning that at least some part of the workload will need to be delegated to external advisers. Knowing what to keep and what to send out is crucial, as well as the ability to manage the legal budget, negotiate fees and extract as much value out of the external relationship as possible. Sending too much externally reduces opportunity for personal development and risks turning the legal department into a glorified postbox. Holding too much back means work doesn’t get done on time or to the necessary quality.
Another part of this role is to run “interference” between internal clients and external advisers. This will involve assessing the ask from colleagues, distilling down the issues and providing structured and focussed instructions to the external lawyers. When the advice comes back, it needs to be analysed and adjusted for presentation to its intended audience. For the IHL, law is a tool, not an end in of itself.
Working Solo
It is rare for IHL’s to work within large teams. Accordingly, there is little time or opportunity to specialise, or to bounce ideas off internal colleagues. Unlike private practice counterparts, the IHL doesn’t have the option of walking down the hall to get a sense check on something. Building and maintaining networks with other in-house counsel helps with his, but ultimately, the buck will stop with the IHL.
That requires the self-confidence and the courage to make critical legal calls and to have the strength and conviction to advocate them and stand behind them. This sort of autonomy and accountability will not suit everyone. For a private practice lawyer who gets it wrong, it may mean the loss of a client. For an IHL, it may mean loss of their job.
Working in house can be an exciting, fulfilling and challenging career choice. However, it is not for everyone, and it is certainly not a “soft” option. Most IHL’s work at least as long and hard as their private practice counterparts. The role requires strength of character, assertiveness, good judgment, and a sound commercial mind.
