In the middle-has the economic crisis made our status any clearer?
You wonder what I am talking about. Well, I am talking about the uneasy role of in-house counsel between not quite being a lawyer or a business man. You may not want to admit it but it is true—your management never quite viewed you as a lawyer, at least not like the outside firm you hire. And you always yearned to be a businessman—why because you were never quite accepted as part of the business team.
Oh, I know you will deny that such a situation exists in your company. Heck, Steve Bokat might even post a reply saying he never saw a situation where in house counsel was not considered a co-equal part of the business team—certainly he was always considered a part of the business team. My answer—you are not fooling me—I’ve been around too long. I have been in business meetings where in-house counsel gave an opinion and were asked to check with outside counsel. I have worked for a General Counsel who insisted we call ourselves business men and woman—me thinks thee protest too much. And I have heard very similar accounts from my ACC colleagues.
A few years ago there was an article about me in the National Law Journal entitled: “ He Will Litigate You to Death.” That article was inspired by an earlier article in the same publication that was effusing praise for some inside attorney who sat next to his trial attorney during a trial. Needless to say that inspired a letter from me saying I could not do that during trial because I was the trial attorney.
Think they were impressed—sort of—but they could not get out of the groove. You will note near the end of the article there is a statement that I have no main outside counsel. Where did that come from? Well, after an entire interview focusing on our in-house litigation, their last question was who was my main outside counsel. You see folks whether you want to admit it or not the world does not think that inside counsel can exist without outside counsel.
You call tell them you just argued before the US Supreme Court, and they will ask the name of your law firm. That media obsession is the same obsession that your business folks have, and trying to look like your business folks will not make a difference. They will never quite accept you as one of them and never really be able to see you without your outside counsel by your side. So what are you going to do about it?
I do not have an answer. ACC has been facing the challenge since its inception. However, the present financial crisis is likely to create a sufficient cultural change to give you a shot at making a change. By the way, you do not have to call yourself a businessman to be accepted as part of the business team, but you are likely to have to shed all those bad habits you acquired in law school.
