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

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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I am privileged to travel and meet with CLOs around the world.  I recently
participated in a wide-ranging discussion in Canada.  Some observations:

1.  CLOs just about everywhere (Europe, Canada, Australia, China and the U.S.)
face many of the same issues no matter where they are located.  How they
respond varies depending on their country’s view of in-house counsel as a profession, their seniority in the corporate hierarchy and their own corporate culture.

2.  Internal investigations raise many issues: how do you keep a balance
between due diligence and going overboard? At what stage do you decide you
cannot do it internally and need to go outside for help?  One common thread appears to be that if you potentially have a reportable offense, then you should employ outside counsel.

3.  Along those lines, whistleblowing presents cultural challenges.  For example, anonymous hotlines may work in the U.S. but they remain anathema in parts of Europe because of the connotation with repressive regimes.

4.  Law department structure and reporting lines always present food for
thought: Is centralized vs. decentralized preferable?; Do you embed attorneys within a division or unit but also have them reporting to the CLO?

5.  To what budget do you allocate legal expense? Are outside counsel
expenses charged to the legal or the business unit?  What about legal
salaries and G&A?

6.  CLOs recognize there are many alternatives available to address key issues.
Ultimately, you have to do what works best for your company and its culture.

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I'm sitting here in a meeting room set for 150 in the Seattle Convention Center at the ACC Annual Meeting praying that the fire marshall doesn't come to Room 612.  There are so many people in this room - standing in rows lined up against  the walls, in lines sitting on the floor in the aisles (in full business regalia), every single seat taken - heck, the moderator took his chair off the podium to offer it to a registrant since he's getting all the exercise he needs just passing the microphone around.   There are easily 300 people in this room.  Inside and outside counsel.

Why are they here, and why is everybody having such a good time? 

They're here for the ACC Value Challenge program to talk about the prison we're all locked in and how each of us has a piece of the key that would allow us to break out.   We are talking (r)evolution: how to free ourselves of billable hours business model, and re-discover what it was that we all wanted to do for a living when we went to law school.  How to collaborate, rather than argue over bills.  How to align what it is that we do with what it is that clients want to purchase.  There are CLOs of Fortune 50's, managing partners of AmLaw 200's and legal products vendors in this room laughing and talking about the future and how they can prepare to meet its challenge: it's value challenge, that is.  There are folks talking about how to completely re-invent and re-align what it is that we do, and they're so excited to get started, that the energy is palpable.  I wish you were here ...  if you aren't, I'm going to make it my personal mission to find ways to bring you the solutions, the passion, and the intellect that's flowing in this room.   You ready?  The (r)evolution has begun. 

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