In-house ACCess : In-house ACCess: Association of Corporate Counsel : ACC : The In-house Counsel Bar Association

(January/February 2012)

In the past, I’ve been asked to serve on panels to discuss upcoming trends in the publishing industry for the following year. I always turn them down. Why? Because I dislike it when people try to predict the future. The audience wants facts, and I cannot provide them since I honestly don’t know what tomorrow will bring. I can tell you what I see now. However, I cannot tell you, in concrete terms, what it will mean a year from now. I can only provide a guess based on my knowledge.

The Dec. 21, 2012, Mayan doomsday scenario has a lot of people talking — especially my children. I remind them to focus on the present; do not obsess over the unknown. Plan and prepare for your future like you have one. It’s good advice, especially coming from someone whose job it is to know what the production schedule will be 18 months out.

Since few of us have the time to ponder whether the world will end as the Mayans predicted, we all have to continue to focus on our 2012 work. The January/February 2012 issue of ACC Docket has a few interesting articles to help in-house counsel do just that: Focus on the facts.

• Mining for Conflict: Sourcing Raw Materials from the Congo
   
• All the King’s Horses … Putting the Value Back into Legal
   
• Public Company Disclosure as a Vehicle for Improving Nonprofit Management
   
• What You Need to Know about the Attorney-Client Privilege
   
• So You Want to Be a General Counsel? How to Maximize Your Chances

It’s now 2012; with a new year, you can expect change. The statement itself suggests change: It’s no longer 2011; it’s 2012. Many people will make New Year’s Resolutions in an effort to change their personal lives. Gyms are crowded with people determined to shed those extra pounds. Don’t be too hard on them … I was in the exact same position last January. That’s the type of change that we can influence, because we work to make the change. However, new publishing trends or the Mayan apocalypse are beyond our control. So, instead of worrying about it, you might as well get back to work.

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(December 2011)

I am embarrassed to admit that I had an author approach me at our Annual Meeting and her article never rang a bell. This wasn’t because the article was boring or that she was worth forgetting; it was because I have become more removed from the daily grind of publishing a magazine. I will, however, cut myself some slack: By the time an issue is published, we are three issues beyond it. The subjects, author names and artwork all become a blur. What is new to you is old to us.

The details and intricacies of the production schedule are now in the capable hands of my staff: Managing Editor Tiffani Alexander, and Editorial Coordinators Maggy Baccinelli and Brent Thomas. They deftly keep the production of the ACC Docket and its supplemental newsletters moving right along. I spend a lot of time managing other projects that I have taken on and the relationships that go with it. While I still practice the technical skills I was trained for, I no longer do it all day, every day. Sound familiar?

Our Annual Meeting always seems to be packed with people, events, sessions and giveaways. Our best intentions to connect don’t always happen — our schedules are just too busy on site. One person I had only known through email, but did connect with, was the Law Department Management’s Vice Chair, Jeff Levinson.

Although our conversation lasted less than 10 minutes, we discussed how crucial law department management was to every in-house lawyer. Whether you have keys to the executive washroom or just became in-house counsel, you are now managing day-to-day operations — whether you like it or not. No matter what the degree on your wall might say, no one is really taught how to manage. We all learn how to do the technical end of our job. Management and leadership come later. We watch. We learn. We disagree. But, we vow to do it better next time.  

The Law Department Management Committee is a valuable committee that every one of you should join. You all manage matter and workflow. Most of you manage people. All of you are expanding your skill set, and this committee can help. Along with this committee, our Business Education for In-house Counsel is something worth working into your budget. If you manage outside counsel, whether you are a one-person, small law, medium or large law department, ACC’s Legal Service Management Workshop has something on the agenda for you.

So, if I run into you at an event and my face looks blank when you mention an article you have written, please do not take it personally. We love all of our authors and are extremely glad you take the time to contribute. Without your efforts, the Docket would not be the outstanding publication it is today. And, honestly, if you want better recognition, find one of my staff. They are younger than me and have better memories.

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 By Maggy Baccinelli

Last Thursday, ACC Editorial Coordinator Maggy Baccinelli attended The Supreme Court Law Day, sponsored by ACC, Just the Beginning Foundation and Reed Smith. Maggy is the editorial coordinator of the ACC Docket and is responsible for editing the publication, writing monthly articles and creating corresponding multimedia pieces highlighting ACC members' legal expertise and unique personal interests. Follow along as Maggy, shares her insights into last week's event.The voice, views and stories expressed in this series are of the author and are not ACC's.

More than 40 local high school seniors stood up with eager attention when Associate Justice Elena Kagan entered the Supreme Court conference room. The Supreme Court Law Day, sponsored by ACC, Just the Beginning Foundation and Reed Smith, was packed with valuable programs for minority students considering pursuing legal degrees. The session with Kagan, though, was a highlight for everyone in the room — including, it seemed, the Justice herself.

With most of the students coming from Thurgood Marshall Academy in Southeast Washington DC, Kagan was visibly excited to tell them about her experience clerking for their school’s namesake. “Do they teach you about Thurgood Marshall?” she asked. She explained how at 27, when she was “just starting to think about the world, the legal system and what I could do to make a difference,” she had the privilege of being exposed to the “wit and wisdom of who I believe was the greatest lawyer of the 20^th century.”

The excitement that comes with influencing a community or issue you care about was at the heart of Kagan’s discussion. “I used to be the Dean of a law school, so I would talk to young people about what they wanted their career to look like. And everyone wants to feel like they’re making a difference.” Whether it is the law or not, she urged students to pursue what moves them to make a difference, because that will be most rewarding.

But reward does not come without hard work and responsibility, and sometimes even rejection. Kagan told her personal rejection story when a student asked her how she felt when she got the job. “Pretty darn happy,” she said, and explained that it was not the first time she had sought the nomination. In 2009, President Obama selected Associate Justice Sotomayor for the nomination. “He was lovely, lovely. It was the nicest rejection call I ever received,” said Kagan of her phone conversation with the President. Justice Kagan received the nomination in 2010. “It was a lesson to keep working hard. You don’t always get what you want the first time.”

In addition to her lesson in rejection, Kagan shared her experience with staying confident, even when she wasn’t always liked. When a student asked how it felt to have to prove to the Senate Judiciary Committee and herself that she was fit to be Justice, she said: “I didn’t have to prove it to myself. I knew I was fit to be Justice. But during the hearing I reminded myself that you can’t go through a process like this without people saying tough stuff. You can’t take it personally. A lot of times it has nothing to do with you and who you are.”

Kagan joked that when she clerked for then Justice Thurgood Marshall he referred to her as “Shorty.” Although short in stature, her effect on the 40 high school seniors will last for some time. “There are times when you will sharply disagree with someone,” she commented “but you can learn a lot from the same person.”

Pursuing what you love, working hard through rejection, believing in yourself when times get tough, and learning from people who think differently than you, are lessons we can all apply to our personal and professional lives. On Thursday, 40 high school seniors got to take these lessons home with them because of this inspiring event that ACC had the privilege of co-sponsoring.

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(November — 2011)

I am writing this blog post two weeks before ACC’s largest meeting of in-house counsel — our Annual Meeting. Let me clarify: Not only is this the largest meeting ACC has ever hosted, but it is also the largest meeting of in-house counsel anywhere. Anywhere, people … as in, the world. We do not make this claim without having the facts to back it up. We also do not take what we do lightly. We know we make an impact on your profession and chosen career. Why? Well, simply put: You tell us so. You participate, attend and renew your memberships. What greater compliment could an association have?

Despite desperate unemployment numbers, bankruptcies and foreclosures, ACC’s membership numbers continue to grow. We currently have more than 29,000 members. Despite print advertising declining everywhere, the ACC Docket closes out 2011 with the most advertising in its history. This is also the year that the magazine and its supplements won 16 awards— the most ACC’s publishing department has ever received. The 2011 Annual Meeting also brings the largest number of exhibitors in our history. This means that you are able to keep abreast of the latest and greatest services the legal profession has to offer.

The November issue of the ACC Docket continues to offer content that helps you do your job better. If your interest lies in real estate, this month’s cover story on receiverships is for you. November’s issue also features articles on litigation predictions, creative anti-counterfeiting solutions, 200 practical issues on M&A integration, the dual role of in-house counsel and compliance officer, and managing social media.

ACC. Everything you need is right here.

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(October — 2011)

I am writing this blog post the week after an extremely busy news cycle in Washington, DC. Not only was the Martin Luther King Jr. Memorial supposed to open on Aug. 26, but three days prior, the area was rocked by a 5.8 earthquake — something we aren’t exactly known for. As if that wasn’t enough, we were also the recipients of Hurricane Irene on Aug. 27. And, Congress wasn’t even in session.

Of course, for certain parts of the Northeastern corridor, evacuation was mandatory. Better to be safe than sorry. But now that the majority of those areas escaped Irene’s wrath unscathed, constituents are again grumbling about melodramatic weathermen predicting hell and high water. Sound familiar?

Do business units think the legal department overreacts when all it is really trying to do is protect the company? Maybe this month’s ACC Docket can help.

This issue boasts seven feature articles that all connect with our leading practices theme. Whether you focus on managing outside counsel, optimizing workload or investigating employee wrongdoing, we have something for you. If those are not areas of interest, perhaps finding out what it takes to be a fast-growth general counsel is. Maybe procurement is your passion, or reining in public speech before it defrauds the public is more your style. If you are interested in what is affecting in-house counsel practicing law in Canada, then this month’s Canadian Briefings should not be missed.

There’s a reason you belong to ACC. It goes beyond getting great resources that help you do your job. It’s about networking without borders. ACC’s eGroups are another fabulous resource you may not have tapped into yet.

Get together with all the other weathermen and commiserate a little bit. Then, get your answer and prove yourself right. Remember, just because the last storm was “all bark and no bite” doesn’t mean the next one won’t try to take a chunk out of you. So, remain diligent in your overreactions; your constituents will thank you later.

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My family spent two weeks this summer in Italy without mobile phones. That’s right, people — a whole 14 days not answering text messages, phone calls or looking at our calendars. No Twitter or Facebook either. That almost killed me.

When we were out, there were many times when my instinct was to reach for the phone I did not have. Cool picture? Had to use the old-fashioned digital camera. Thoughts on what I saw? That would have to wait until I could take notes at the end of the day. Pinpoint our exact location in Rome? Um, yeah: Use the map from the hotel and read the street signs. Find out more about the sites we visited? Rely on the tour guide or find a description written in English. Driving between Rome and the Almalfi Coast? Well, we did have a map — of which I was the keeper — but let’s just say that I will never be a co-pilot.

How do in-house counsel, travelling the often-windy road of in-house practice, keep up with the technology and intellectual property issues that affect them? Do you turn to websites, eGroups, or the printed or digital ACC Docket? We hope that you count among your “go to” resources ACC’s annual Technology and IP issue. September’s ACC Docket offers eight feature articles on the topic, from “Back to the Drawing Board: Contract, Copyright and Trademark Law,” to “Implementing an Effective and Defensible Legal Hold Workflow.”

There are also features for the less techy among you. For example, “Due Diligence and Your M&A Success Story,” “IP in Joint Ventures with Universities or Nonprofits,” “Importer Loopholes: Avoiding the Customs Audit,” “Document Productivity and the Second Wave of Legal Cost Containment,” “Overcriminalization: When In-house Counsel Is the Defendant, ” or “Recent Criminal Actions Involving Wastewater Treatment Facilities” might find their way on to your reading list.

Whether you want your information delivered in a print, digital or mobile format, the ACC Docket is an easily accessible resource. Just don’t take us on vacation.

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(July/August — 2011)

As we publish our annual career issue, the authors and ACC Docket staff offer a variety of excellent articles for you. But I often wonder about the next generation of in-house counsel. How will they get here and will they be prepared?

The career path of a lawyer is not the easiest of starts. First, there’s college, LSATs, law school, stressful bar exam prep and finally, the exam. Once law students are finished with everything, they can be $150,000 or more in debt with limited marketable skills. This leads to an inability to deliver value. The price of admission to the legal industry is more expensive than the first condo that my husband and I owned.

Law firms justify paying unproven junior associates starting salaries of $150,000 plus by pointing out that they have huge student loans to pay back. Corporate counsel then ask law firms to rethink their value proposition in terms of pricing because they want the firms, rightly so, to provide value. To top it off, complaints run rampant in the profession that law school students are not prepared for the business of being a lawyer, especially once they move in-house.

With all the smart people in the legal industry, why hasn’t this ugly cycle changed?

What I find appalling is that there does not seem to be much revolt going on in the legal industry. I had a brief Twitter exchange with a lawyer when I posted that I saw an iPad app for $999 to study for the bar exam. I said that after all the money spent to attend law school, students were still gouged even before they could practice law. His response: “Heck no. It’s part of getting into the club.” What?  

Similar to medical residents who must work ridiculous, extremely long shifts, this hazing mentality is really not going to change the profession. Just because you had to do it to get your law license does not mean that those who follow in your footsteps should do the same. Yes, they should be held to the same rigorous bar exam and ethical code of conduct. But that doesn’t mean they should have to spend the first 10 years of their career paying for the privilege of being a lawyer. There is a huge difference between paying your professional dues and paying for your career choice for years.

Who do you think will replace you? What if your child wants to become a lawyer? What are you doing to help change your profession?

You are a driving force. You are all law school alumni. You are all members of ACC, the world’s largest community of in-house counsel with more than 28,000 members. Many of you are members of the ABA with nearly 400,000 members. You represent small and large, national and international, public and private companies. Where future in-house counsel come from and how well they are prepared impacts you and your business.

I often tell my next-in-line: If I leave this job tomorrow and you can’t do my job, then I have failed as a boss. Why aren’t legal professionals making sure that the next generation of lawyers is truly prepared for the real world of work? How can you change this cycle?

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(June — 2011)

The staff has approved the blueline for the June ACC Docket. The chair’s message, written by Al Gonzalez-Pita, saying goodbye to ACC’s 20-year CEO, is finalized. The tribute video showcased at the 2010 Annual Meeting has long been saved to the server. My blog post really is the last public goodbye to CEO Fred Krebs as he departs on another life adventure.

As I thumbed through all of the mementos ACC staff had created, I realized two things. Clearly, I did not get my picture taken much with Fred, which is something I will remedy with our new CEO, Veta Richardson. And, I had not written a goodbye note. My intentions were good, but you know what they say about good intentions. So here is my goodbye note to Fred.

Dear Fred:

When I interviewed with you five years ago, I was unsure if I would get the job. You asked tough questions, like any lawyer would, and you presented a great poker face — something I am trying to improve upon. I was thrilled to get the job and am pleased to report that five years later, I still love what I do. It is no coincidence.

When I started, you periodically would stop by my office. If I needed advice or help, you were there. I never once worried about the overall health of ACC, even when the US economy tanked. Why? Because I knew that we were financially healthy, had operating reserves and you were leading the charge. What else did I need to know? Please know that my trust is not given lightly.

You are an exceptional listener. You watch without us knowing you see. You make it easy to stay and work for ACC. I realize that while the CEO position has much glory, it also has much burden and responsibility. Aside from managing the staff, association CEOs also maintain and manage the board of directors. Fred, you always make it look easy, which is a testament to your leadership philosophy: “Taking Charge by Letting Go.”

·      Integrity matters.

·      Align with the best.

·      Avoid surprises.

·      Recognize that when things “get done” someone else usually does it.

·      Recognize your staff frequently and publicly.

·      Expect success but realize that failure will occur.

I strive to remember these points as I manage a staff and work for others. These are points that contribute to our success no matter where we are on the corporate ladder.

As you said: “Savor the wins but remember that when things go wrong, it is your responsibility.” How many times have we not left the job, but the boss? How many times have we worked for someone who “just wouldn’t step up or speak up?” How many of us have left a job because someone in charge used someone else (maybe us) as a scapegoat?

Fred, I know that you do not enjoy basking in the spotlight.

This blog post is about telling you what a lasting impression you have made on your staff.

This blog post is so that our members and the outside world know why we treasured you as a CEO.

It is our final word so you know we will carry on your legacy so that our new CEO can shine as brightly as you did.

For those who know me best, I often like to have the last word. It’s a trait that most often gets me into a heap of trouble. But in this case, it won’t.

This is my last word on Fred Krebs: Outstanding.

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(April — 2011)

Several years ago, I did a consulting gig at a large DC nonprofit. I was hired to replace the director of publications who had been fired for his inability to get anything produced on time, within budget and without major mistakes.

When I walked into my predecessor’s office, I almost turned around and walked right back out: There was enough paper lying around to start my own office supply company. Much to chagrin of my business-owning husband, I spent the first two days cleaning up and purging. I literally could not work at my desk. There were boxes of mugs from the recent annual meeting, old galleys from now-published books, printed emails with comments, sign offs, etc. I literally shredded 10 trash bags full of paperwork that was no longer needed. Our office had packing material for months. Coworkers who walked by to check out the new girl remarked that they did not even realize his office had an inside window ledge.

Now, the employment lawyers in the crowd are shaking their heads because I was a 1099 working onsite, on the company’s equipment, taking direction from the COO, which could have gotten the nonprofit in serious legal trouble. Well, anyone who really knows me knows that I don’t need a lot of direction anyway, but the IRS and DOL don’t care about that, do they?

Because managing the difference between a 1099 and a W2 is always an issue for in-house counsel and HR, perhaps one of this month’s stories can help: Preserving Independent Contractor Status in an Increasingly Hostile Environment.

The April issue of the ACC Docket focuses on more HR & employment issues too. Articles such as Medical Marijuana and the Workplace; Liability for Acceding to a Customer’s Race-Based Demands; andManaging Employee Medical Data —The Bucket List, discuss just a few of the timely issues that you and your legal staff need to know about.

If that is not enough for you, we have more: Non-Compete Agreements in the United States, Europe and Australia; Are International Secondments Foreign to You? and Watching the Clock: Wage and Hour Class Actions. These articles are sure to help keep you abreast of new situations and how to better manage them.

ACC: It’s right here.

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(March — 2011)

The Concise Oxford American Dictionary defines management, a noun, as: “The process of dealing with or controlling things or people.” Lawyers are, for better or worse, generally known to not like surprises; they are people who like control but who analyze most everything before making a move. Marrying lawyering with management principles seems like a perfect fit. However, management is often the hardest concept for all professions to do well.

Most of us are not taught precisely how to manage. Even a strong MBA program cannot cover how to handle all management situations. The courses are finite. Your career is not. Sure, we take professional development classes, attend workshops and conferences, and scour purported expert resources. Developing overarching management strategy can be a no-brainer, but the implementation of it and getting results take real skill.

Moving into a management role is a natural progression for those who want to move up the career ladder. So, where do we turn for help? In many cases, we look to each other. We have all worked for bosses we have either loved or hated but we hopefully learned something from each of them. But bosses aren’t the only source for management insights. We also learn from colleagues through ACC’s Education programs, Chapter events, Member Knowledge Network and eGroups. ACC Docket articles like this month’s cover story, “The General Counsel as a Strategic Thinker” also provide food for thought on how in-house counsel can contribute to good management.

Given that our best resources are often each other, social networking becomes a crucial tool to improving both knowledge and management skills for in-house lawyers. Social networking exposes us more frequently to people we know and also to people we don’t know. Each social media user brings something different to the table in terms of the information they share. Who your social network is comprised of depends solely upon whom you want in it. And, what you share with your network through social media is entirely your choice.

I started my Twitter account two years ago at the urging of two former coworkers. I was skeptical at first, but was also curious as to what microblogging on Twitter was all about. At that point, I was having a hard time wrapping my brain around “regular” blogging, and wondered what the heck was “micro” blogging?  With Tweets coming out often from the folks I followed, I was curious as to who really cares what Twitter users are doing every hour of the day? I also struggled at first with the Twitter limit requiring each message or tweet to be captured in 140 characters or less. Wow, talk about improving your editing skills!

When I opened my Twitter account, I also decided to further populate my LinkedIn profile too because I did not have a website to link to in order to offer potential “tweeps” (my Twitter followers) more information about me, an important component so you can know more about whom you are interacting and communicating with through these social media channels. Completing my LinkedIn profile led me to become more interested in what groups existed on LinkedIn and how I should and could be connecting with other professionals. Like you, I also belong to professional associations and often learn a lot about my job and management techniques from my own colleagues and social media connections.

Since we are all in this together, you will benefit from connecting to and leaning from your colleagues to help improve your law department management skills and your social networking techniques. You won’t regret it.

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(ACC Docket — January/February)

Recent news headlines indicate that our society seems to be at its worst when accepting responsibility for our actions. Politicians like Sen. Charles Rangel (D-NY), Rep. Maxine Walters (D-IL) and former Rep. Tom DeLay (R-Tex) cry “politics” when they are charged with ethics violations or criminal behavior. Sports figures like Washington Redskins Albert Haynesworth don’t think they have to fulfill their part of the bargain or answer to anyone, including those who sign their paycheck. People blame their spouses or family when they make poor life choices. And let’s not even open the corporate can of unethical and illegal worms. We might as well throw up our hands and shout as if we were at an old-time revival, “The devil made me do it.” Unfortunately, this kind of behavior infiltrates the workplace as well. Ergo, the need for companies to create compliance and ethics policies.

You tell us often that compliance and ethics are crucial areas for your legal department to manage. So, this annual issue of the ACC Docket is all about the topics that keep many of you gainfully employed.

Whether you want to learn about how Dodd-Frank will affect your company in “Stay Afloat During the Tidal Wave of FCPA Cases;” or, you need to understand how transnational corporations are impacted by FCPA in “Guilty by Association: Transnational Joint Ventures and the FCPA;” or, you want to know about possible MJP reform in “Multijurisdictional Practice: Know Your Roaming Charges,” this month’s issue of the magazine has something for you.

For those of you who take on the corporate trainer role, read “Keep it Classy: Methods for Teaching Compliance.” And, if you need to know how the usually neutral country Switzerland and its corporations handle their compliance management? Take a look at “Taking Compliance Management Seriously.”

If we still haven’t offered you enough on compliance and ethics, visit ACC’s new compliance portal resource www.acc.com/compliance. If you can’t find it with us, then you can’t find it anywhere.  As for the dreadful and sad headlines: I won’t stop reading the news. And, for implementing and managing compliance and ethics programs, that necessity isn’t going away either.

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As a publishing professional, I am always interested in what is happening in the industry. There has been significant change since I started my career almost 20 years ago. That makes me sound middle-aged, doesn’t it? Whether Amazon launches the Kindle or Apple launches the iPad, everyone in and around the industry offers their opinion: Surely, this will be the death of traditional publishing, as we know it. Or will it?

Sir Richard Branson’s recent foray into publishing magazines for the iPad only made me wonder if a non-print edition was the way the ACC Docket would eventually want to go. We have already launched a digital edition and mobile edition. But will we ever go strictly digital? When asked to choose, 81 percent of ACC members prefer the printed product above the digital one. Despite this feedback, ACC still must remain open to ideas based on our members’ changing needs.

As I perused the first issue of Branson’s new publication, Project, I am reminded that whatever platform you choose to display your message, there are still fundamentals that never change: readership, relevant content and good design. Project is a monthly style and culture magazine, offered thus far in US, UK and Canadian versions.

As I got deeper into Branson’s digital content, the following observations occurred to me:

1.    Web 2.0 has changed the way we all communicate. Project’s decision to put the magazine’s blog button on the navigation bar was brilliant. It allows readers to see what others are saying about the articles and post a message, too. I so loved this idea that I implemented it immediately for future issues of the ACC Docket Digital Docket and Mobile Docket.

2.    Reading is about customer experience and focus. If I am reading a digital publication, I prefer emails and websites to be hyperlinked so I can access them with a simple click. Project’s websites were hidden beneath a plus sign on the right side of the page. When you clicked on it, the links from the page were listed. And a second click would open up the website. While this tab option is, well, cute, it causes the reader extra time and effort. A basic tenant of good customer service is to make the experience as easy as possible. In-house counsel strive for this with their clients and expect it from outside counsel, too. Clearly, publishers cannot forget this either. The goal in both industries is to make sure your client reads and understands the material.

3.    Good design includes good typography. A publication is not cutting-edge simply because the designer picked space-age computer type. That’s expected, boring and hard to read. And to top it off, it makes the publication look dated. Good typography choices are never easy to make with so many options on the market. Quite frankly, good typography can be in the eye of the beholder. But editors and creative directors need to choose wisely — one tenant of good typography is to enhance the layout, not distract from it.

4.    There is no doubt that multimedia is cool and can enhance the reader experience; however, just because I go back to the table of contents that houses a video clip, does not mean I want the video clip to play again and again, without the ability to stop it. Please give your reader this option because it’s already available in traditional print: Turn the page.

5.    Never be afraid to try something new. Yes, this is coming from the woman who likes routine, and my previous blog posts prove it. I understand that lawyers, generally, are risk adverse. How do you manage your risk? Did you plan? Did you budget? Did you look at all the negative outcomes? What is the worst possible scenario if the plan fails? What is the best possible scenario if the plan succeeds? If the idea should fail, you go back and analyze why. You don’t simply stop. Sure, we don’t have access to Sir Richard’s coffers, but he still has to manage all of the same things we do. The only two differences: His budget is bigger and he is not afraid to be first.

Zig Ziglar said, “If we don’t start, it’s certain we can’t arrive.” Adopt this mantra for a while and see if it helps you better manage new ideas. Once the new ideas are implemented, you can help analyze what works and what does not. This is a skill set you are all good at, even if you tend to shy away from risk.

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(ACC Docket — December)

I learn a lot about our members when I attend a gathering. I am writing this blog post on the heels of our 2010 Annual Meeting in San Antonio –– my fifth meeting since I’ve been with ACC. Here’s what the meetings have taught me, both onsite and on the plane ride home.

Many, many lawyers are tech savvy, carrying Smartphones, laptops and iPads. Numerous attendees even showed up for registration carrying nothing more than an iPad and a phone. I can’t do that and I consider myself a semi-early adapter.

In-house counsel act quickly. When many attendees found out that we launched the Mobile Docket for the iPad^® and iPhone^®, they immediately downloaded the app.

In-house counsel use social media. Your companies blog, tweet and often host Facebook and LinkedIn pages. Yes, I also know that it makes some of you nervous, but others of you help us engage members with social media at the meetings. And for those of us who embrace this communication tool, thank you. Many of you have your own accounts. Simply check out the 2010 Annual Meeting hashtag, #accam10 on Twitter to see how many legal professionals are tweeting. It’s really uber cool.

A few lawyers still show up carrying a four-inch binder containing all their session handouts, their schedule etc., perhaps branding themselves as slow to change. Is this the message that you want to send? You obviously care enough about your profession and career to attend the meeting, and you never know where that next job offer might come from. Therefore, your networking image is important, especially at the Annual Meeting –the largest gathering of in-house counsel. I know this can require baby steps, but maybe you can ease yourself into a “less-paper-is-more strategy” by leaving the binder in your hotel room and carrying a nice portfolio, laptop or iPad instead.

On the flip side, there are the in-house counsel who show up in lax dress, jeans or even shorts. Is this really how you want to present yourself to your peers? Wouldn’t you want to always dress the part? We all know that first impressions count for everything so make sure that the one you emit is nothing but positive. Again, you never know who you’re going to meet –– maybe your next boss.

Lawyers are funny. Maybe it’s the stress of the job. Maybe you were the class clown. Maybe you like to leave what you do back at the office. But, you are a funny, fun bunch, despite the serious and deliberate nature of your career choice. Don’t let anyone else tell you differently — I so enjoy talking with you whether it’s onsite, via the telephone, email or social media.

You move with purpose. While at the ACC Annual Meeting, I have a lot of time to observe: you get to your session, find a seat and gear up to take notes. You pay attention to the presenters and ask excellent questions. I learn a lot by sitting at the back of the room and for that, I thank you.

You are always connected to the office. I know it’s the nature of the beast, but the fact that you make yourself so readily available is worth mentioning. You realize that the office does not stop working simply because you are gone. I know this can be difficult to manage while trying to focus onsite. But you do it with flair and courtesy.

When you network with your peers, it’s all work and little play until after hours. The networking lunches on Monday and Tuesday present time for Annual Meeting attendees to talk with others around the table. Unless you know other attendees personally, you generally focus on work, your department, job, corporate issues, etc., when you are there.

You have the best ideas for ACC Docket articles and Annual Meeting session topics. You are the ones in the trenches. You know which challenges you face; what works for your department and what does not. So, as we end 2010, consider making a professional resolution: I will write a feature article for the ACC Docket or submit an idea for the 2011 Annual Meeting You won’t be disappointed with the experience. We promise.

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(ACC Docket — November)

Everyone should work retail or food service before embarking on a career path. I worked my way through college on the floor of an international retailer. As a part-time cashier, I was on the front lines, eventually getting promoted to customer service manager before I graduated. This job provided excellent training for my future. Working nights, weekends, holidays and being on your feet during your shift is excellent motivation to further your education so you have better options later on. The lessons I learned while working through college apply to every aspect of business, no matter your title or tenure.

1.     Be nice while you work your way up the ladder. This is not a hard concept, but I see it abused often in business. The people you see on your way up are the same ones you see on your way down. You don’t have to put forth much effort to be kind or offer a smile to your co-workers. If you can’t, maybe it’s time to find another place to work or another profession. And, if there is someone you cannot stand coming down the hallway, keep your mouth shut, otherwise it will get you in trouble. Been there; done that.

2.     Former IBM CEO Lou Gerstner said it best: “Never confuse activity with results.” I have carried this clip to every job I have ever held and it’s displayed where I can see it daily. I have worked in places where there’s a ton of activity but few results. Enough said.

3.     Like what you do — it shows. Is this career the be-all, end-all for you? Probably not, but while you are there, do your best and make sure it shows to your clients, co-workers, management and customers. Put yourself in a position to be missed when you leave — and not because you held your company hostage with the knowledge you have. This issue’s feature “Transition Lessons for Taking Your First In-house Vows” is an excellent primer for anyone new to in-house — directly from a general counsel and his team.

4.     Always make your boss look good. If you work for a good boss, the dividends come your way. If the dividends don’t show up, move on because your boss is not likely to change. Our “Contractual Cogitator” column always offers sage analysis on contracts that are a mainstay of business relationships.

5.     Think before you speak … or email. This goes back to #1, and I admit this is a huge hurdle for me to overcome. Sometimes, you have to deliver bad news or news that will make co-workers, clients or customers uncomfortable. Try softening the news because it shows that you are aware of what is going on. If you are upset enough that your reply warrants an appearance on a talk show, pick up the phone or walk down the hall and talk to this person. Or better yet, wait to reply. If your perspective is the same hours or a day later, you can at least communicate with less emotion. November’s “Going Global” column offers suggestions to help you negotiate with your Chinese counterparts.

6.     Be willing to be a maverick. I am not afraid to give my opinion, question authority or uncover the white elephant in the room — as respectfully as possible. If you care about where you work, then you might need to force change. You never know when your idea, comment or suggestion will spark change; usually you are not the only one around the table thinking it. Our regular “Outsource Resource” column was forward thinking before LPO ever became part of the legal profession’s vocabulary.

7.     Offer solutions. The only people in your office who should not be offering solutions are the interns or perhaps a new entry-level employee. But, even after working for your company a few weeks, these staff members should be able to offer ideas. New staff tends to have some of the best ideas anyway. This feature, “Tendered is the Contract: Nuances of EU Land Development” helps you think strategically while conducting business with countries in the European Union.

8.     Regularly make sure your cash drawer adds up. None of us are trained to manage money. And the accountants? They are trained to record expenditures and analyze the budget/expense data you provide. So, find someone on staff who is really good at budget management and ask them to help you hone this skill. Make friends with accounting. It will serve you throughout your career. Any of these features will help you enhance your commercial leasing skills: “Rent: Just One Side of a Commercial Lease,” “Don’t Sign Blind: Cost Allocation in Commercial Leases,” and “Tap into New Business Channels with Brand Licensing.”

9.     Your inner core matters. No, I am not talking about muscle development, although that matters, too. I am talking about ethics. I know: ethical decision-making is not always black and white. But, if the gray area softens your core too much, you might not be pleased with the results. This month’s ethics columns, “Ethics and Privilege” and “Business Ethics” answer questions you may have.

10. Step up when it’s time to lead. Depending upon your job title, you hopefully have a mentor to thank, in part, for getting you there. Regardless of your job title, you have skills, perspective and wisdom to share. Find someone to mentor because someone else did it for you. My usual morning Twitter message @eicdocket is “Make it a great day for someone else. You won’t regret it.” You know, I usually never regret making it better for someone else.

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(ACC Docket — October)

This month’s blog post was particularly difficult to write. Maybe it’s because I am writing this as Washington, DC winds down a particularly long, hot and humid summer season. Perhaps I spend too much time editing other writers’ work and have forgotten how to create my own. It also could be that my time spent on Twitter has made it difficult to eek out anything longer than 140 characters. Or maybe it’s because I am not quite sure what to say about leading practices.

Anyone worth their professional weight always seeks information and feedback on how to improve their work, skills and the company. Only those with solid self-esteem can ask others for a critique, because if you aren’t ready for the answers, you really shouldn’t be asking the questions. But before you seek outside help, reviewing your own work and your department’s is an option that we can help with.

ACC offers many resources to help you assess. One resource happens to be at your fingertips: ACC Docket’s “Tips & Insights.” You told us that this was one of your top five favorite departments in our 2008 ACC Docket Readership Survey. In this monthly article, fellow in-house counsel share their experienced wisdom; suggestions that readers can apply to their professional and personal lives. Thanks to the fresh ideas from author Maggy Baccinelli, one of our editorial coordinators, we’ve added a two-minute slideshow online. We hope you enjoy viewing these short, personal perspective videos as much as we enjoy showcasing this side of our members.

Another excellent source on leading practices is ACC’s Leading Practice Profiles (LPP). These provide an in-depth exploration into a variety of companies. ACC currently offers 34 profiles that outline best practices to help in-house counsel across a variety of industries, situations and legal departments. Two more are in the works, and include insights from practicing attorneys on how their companies and legal departments have addressed different issues. While the documents are lengthy, the rich information provided is worth your time.

This issue’s blog post is shorter than usual. Just like sidewalk conversations on a hot, summer day, some things in life are just sweeter that way.

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(ACC Docket — September)

Much to the chagrin of those who know me well, I am a creature of habit. I sit on the same side in church; the same car and even seat on the commuter train. It upsets me if someone sits in “my seat.” Yes, I know it’s not really mine, but I am in my comfort zone. If I take a different commuter train, then I have to adjust to new conductors and new passengers. It’s almost like being in a new city. But, we all know how comforting yet constricting routine can be.

I cut my professional teeth in the print world of communication. Translated, that means I know what a pica pole is. I also know that a wax machine is not only for cleaning up your eyebrows and I am pretty good with X-Acto knives. I worked on my college newspaper before PageMaker or Quark even hit the design scene. Even so, I have embraced the online world and new technologies; however, I am usually not a first adopter unless it is effective. So, imagine how uncomfortable I was when two ACC colleagues introduced me to microblogging via Twitter. I had a LinkedIn profile that I had to complete since it was going to be posted on my Twitter page. I set up my Twitter account, @eicdocket, in February 2009, and have completely embraced the concept of social media. My LinkedIn account is used at least five times a week. But you won’t catch me on other sites — I only have so much time.

Twitter gives me access to topics and people I normally would not know about or communicate with. Since Twitter only allows 140 character, it forces me to write succinctly — a trait all of us should strive for. It serves as a communication tool for my employer when we launch a new magazine issue, blog post or news event. Yes, I even use it for personal observations, comments or thoughts; I use my best judgment to make sure I don’t take it too far. However, this isn’t always the case online, and employers are grappling with how to deal with social media because it’s not going away.

This month’s ACC Docket cover story, “Are You Building a House of Cards? Social Networking in the Office” asks if you have a clear social media policy for your clients because “what happens in Vegas,” doesn’t always stay there. And, if you need more on social media, then read “Identifying the Legal Issues Lurking Behind Walls and Tweets” and “Social Media Game Plan: IP and Marketing Law Playbook.”

If your multinational company is not familiar with US-style discovery, make sure you read “Tips and Traps in Conducting Discovery of Foreign Corporations.” “Building Blocks for Corporate Ethics” is an excellent refresh of your knowledge in this area. Protecting your customers’ privacy should always be a priority, so “A Balancing Act: Protecting Customer Interests and Privacy Online” helps in-house counsel strike a balance between the two. Further, neither in-house nor outside counsel should miss “Evidence Preservation Warfare: Ediscovery Lessons Learned from AMD v. Intel.”  Written by AMD’s legal team, this piece provides excellent points to remember as you preserve data within your company.

Make sure you always read our columnists. We knew their work was award-winning even before publishing peers told us so. Infusing humor, perspective and knowledge in 700 words or less is never easy. Try doing it in 140 character or less. See you on Twitter.

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(ACC Docket — July/August)

I grew up a military brat and spent the majority of my life on U.S. Army bases. Uniforms, crew cuts and polished boots were a way of life. My dad’s boots were so shiny that you could see your reflection: To this day, I am still not sure how he performed helicopter maintenance while keeping his combat boots pristine.

An even lesser-known fact about me is that I like to watch war movies. While these movies are not my first pick (I prefer comedy or romance), if the plot is good or based on a true story, I am in. And, if the soldier falls in love — well that’s just blending two great stories.

I am fascinated with the human element of the military. What turns ordinary men and women into leaders? Other than rank and order, what qualities inspire a solider to follow a leader into the trenches during wartime? I often translate military behavior into civilian life: Am I the kind of leader who inspires foxhole followers? Can I spot a potential leader and mentor her so she can rise through the ranks? Am I creating foxhole-worthy leaders?

Identifying leaders is not an easy task. Common traits exist, but execution styles vary. Success is often open to interpretation. But one thing is consistent: one generation paves the way for the next. So, it is our responsibility to seek and develop the next generation of leaders.

This month’s cover story, “Developing Great Minority Lawyers for the Next Generation” offers diversity solutions. If you want to lead the conversation, this is an article to share because it offers solutions and tactics for corporations and firms. The next generation of lawyers and the leaders who rise to the top don’t appear spontaneously. You have to take the time to mentor them.

But even the best leaders and military officials face the reality of a finite career. “In-house Counsel’s Guide to Litigating Age Discrimination Discharge Cases” reminds us that no matter our place on the corporate ladder, we age. In our transition from mentee to mentor, we do not want to be professionally cast aside simply because of the date on our birth certificate. Learn how your company can avoid this. And if it’s too late, find tips to litigate as both plaintiff and defendant.

No matter how you slice it, lawyers are simply mortal men and women trying to accomplish their company’s mission. What kind of leadership qualities do you look for in a potential boss? Are you exhibiting those qualities in front of your staff? For those interested in the CLO career path, ACC’s CLO Community is a good place to start your research and find advice from experienced leaders. For the rest of you, remember the military trench mentality: Are you foxhole worthy?

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(ACC Docket — June)

I admit it: my global travel experience is limited. I have only traveled out of the United States to Canada, Mexico, and the Caribbean. You guessed it: two out of the three trips were for vacation. I am not the candidate of choice for anything international. And, to top it off, I only speak one language: English. When I was in school, we were not required to take a language. Hindsight tells me that this was a grave mistake in the American school system and I went right along with it.

That said, I am proud to say that my circle of friends, acquaintances and business associates are more varied than my global travel. I do not hesitate to ask them questions about their culture or country. We sometimes even discuss the dreaded no-no’s of social circles: politics and religion. But, I ask questions in such a way as not to offend or condescend, but to learn. After all, unless I travel to their countries and live within their cultures, how am I supposed to find out what it’s like? Luckily, the people I know are generous and provide me with details that I bank for further exploration. My global experiences are only just beginning and I seek as much information as possible to be prepared for future travel.

The global business relationship may not be the situation you want to walk into as a novice, as the environment can be nuanced and fraught with cultural and legal differences. This is where ACC can help. We provide not just resources, but people: other legal professionals who serve as in-house counsel in other countries. ACC’s International Legal Affairs Committee is comprised of an active group of members from various companies and stages of career development. They can show you the tools you’ll need to navigate your global journey. They offer insights you may not be able to find elsewhere. Some of their experiences are shared in this month’s ACC Docket. Six feature articles focus on some aspect of practicing law in a global setting. And, the June issue is also one of the issues in which we publish one of our three international-focused newsletters, European Briefings. Finally, if you truly can’t get enough global insight, our monthly “Going Global” and “Outsource Resource” columns are regular reminders that global business is literally a phone call or an email away. Technology has made it so that we can communicate at a much quicker pace, much to the delight of some and the chagrin of others. You never know when you might be called upon to expand your knowledge base to include global matters.

Whether your passport is covered with stamps or waiting to be filled, ACC offers you insight into international legal issues, customs and cultures. From Finland to Mexico, from Bulgaria to Quebec, from Nigeria to Hong Kong, in-house counsel must be ready to address the complexity that international business operations entail. ACC’s worldwide reach and resources provide your law department with best practices that capture a global perspective. And, this global issue of the ACC Docket will help you and your company navigate the globe — it’s a small world, after all.

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(ACC Docket — May)

A quick straw poll at a recent ACC MiniMBA showed that all the former litigators in the room eventually moved out of this area of their profession for one reason: they got tired of always arguing. If all the good litigators leave, who will represent you in court? Is there a way that in-house counsel can protect the company and reduce the amount of arguing the litigators must do?

This month’s ACC Docket features a variety of articles on areas that can impact your litigation efforts, including: ediscovery, internal investigations, personal injury claims, patent infringement, the Consumer Legal Remedies Act and Six Sigma.

In addition, you will find an interview tailored just for you in this month’s “Tips & Insights” section — one of the top-read departments in the magazine according to ACC Docket’s 2008 Readership Survey. Editor Maggy Baccinelli interviews Amar Sarwal from the National Chamber Litigation Center on hot button litigation issues and current cases affecting business. As general litigation counsel, Sarwal provides insights on how to improve your litigation game, stressing the importance of cost benefit analysis prior to pursuing litigation, a pointed brief that tells a story, and careful management of outside counsel. 

Maybe not all lawyers like to argue, but I bet you like to win. This issue of ACC Docket helps you get just that much closer to victory.

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(ACC Docket — April)

Employees: You never really know what it’s like to have them until you manage them. Oh sure, when you don’t manage any employees, you think you know it all. You find out how much you don’t know when you get promoted.

I worked in my husband’s company — a bootstrapped telecommunication firm — for three years. Our staff’s experiences and perspectives were varied. To say that I finally learned complete ownership — literally and figuratively — of managing employees and money is a gross understatement. When it’s your own checkbook, you look at nothing the same ever again. And when it’s your name and reputation on the line, your focus becomes even more so acute.  

The April ACC Docket is loaded with articles about traditional employment law issues and covers two fairly new employee management issues: social media and workplace bullying. In most companies, employee overhead is generally one of the top three cost centers. And that does include employee litigation, which is something we all want to avoid. ACC’s Employment and Labor Committee is one of the most active we have and they always deliver content, perspective and rock solid experience to lean on to help you manage this area well.  

Products break. Cash ebbs and flows. Vendors come and go. How employees handle it impacts your business. How they treat each other and your customers impacts the bottom line. How employees present themselves on social media platforms impacts your image and your brand. How well prepared your company is impacts you.

According to Mashable, about six million of us have registered Twitter accounts. Fifty million are on LinkedIn and Facebook says it has more than 400 million active account users. LexisNexis Martindale-Hubbell’s 2009 global survey show that more than 70 percent of lawyers were members of an online social network — up nearly 25 percent the previous year. That’s a lot of opportunity for your employees to represent your company. This is new territory for most companies. If your company does not already have a social media policy, what are you waiting for?

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