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

As I approach my final days with the Association of Corporate Counsel, I have been going through old files, reviewing notes from past speeches and remembering the hundreds of legal industry events I have attended around the world. While much has changed over the past 20 years, there exists an undeniable continuity in the manner in which in-house counsel have contributed to the success of their employers over the years.

Much has been written about what makes a “great in-house lawyer,” and in the midst of packing up my files, I was struck by the advice ACC’s predecessor provided nearly 30 years ago. In 1983, what was then the “American Corporate Counsel Association” presented a program entitled, “Introduction to Inside Practice,” a precursor to today’s Corporate Counsel University (CCU). During one of the sessions, the speaker shared his insights based on responses to the question “What is the one piece of advice you would give an attorney new to in-house practice?” The advice given in 1983 still resonates clearly today:

“Think before you speak.”

“Learn the business and try to be as practical as possible in your advice.”

“[You] must make that initial effort to understand the client’s business, its customers, products, sales and competitors.”

“You need to be visible — go to sales meetings, staff meetings, lunches and anything else you can manage.”

“Keep your eyes and ears open — be patient; it takes time to learn your client, but you have to do it.”

“Where there is change, there is opportunity.” And my personal favorite,

“Don’t be an ***hole.”

As I reviewed the course materials, it became clear that the program sought to develop the very skills and traits that remain vital for outstanding corporate counsel today (many of which I referenced during a brief video discussion on Leadership). These include:

• solid legal knowledge and appreciation for educational training;
• sound judgment;
• impeccable integrity;
• strategic vision;
• leadership — specifically, recognizing good people and bringing out the best in them;
• recognition of our obligation to help those less fortunate through pro bono and community service;
• sense of humor;
• staying on top of technological advancements;
• intent focus on helping their companies to save time, money and effort; and
• ability to adapt to change.

While the advice provided — and the desirable skill sets identified — remain valid today, over the years, in-house counsel have honed and perfected their skills to adapt to changing environments and economic conditions. In-house legal departments have grown dramatically in the past 20 years, and the changing regulatory environments, increased attention on risk management and corporate compliance scrutiny have placed heavy demands on in-house counsel. The changes that have occurred have also propelled in-house counsel to move into a more strategic role within their organizations. 

As Winston Churchill once stated, “To improve is to change; to be perfect is to change often.” As in-house continue to excel and succeed, I am confident that they will adapt to overcome the new, as well as the old, legal and business challenges they face every day.

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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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I had the privilege to attend today’s White House announcement of the Supreme Court nomination of Solicitor General Elena Kagan.

Previously, I represented ACC at a White House briefing. The White House also solicited ACC’s input during the nomination process on characteristics we would like to see in a nominee.  Although ACC does not take positions on judicial nominations, these opportunities reflect the growth and increased recognition of the important role played by the association and the in-house legal community generally.

As a lawyer I find events like this morning’s announcement to be very moving given the setting and the importance of the Supreme Court in our daily lives.  President Obama inserted some humor in an otherwise solemn event when he noted that Dean Kagan, if confirmed, will bring a special diversity to the bench; ”she is a Mets’ fan” and Justice Sotomayer, an avid Yankees fan, “has ordered a pinstripe robe” for Dean Kagan.

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The ACC Value Index (AVI) is a tool meant to inform in-house counsel decisions as part of a larger process of selecting and retaining a law firm. The AVI is a searchable database for in-house counsel to share subjective evaluations of the firms they engage.  It is key to note that this is a process that already takes place naturally among in-house counsel who often seek their colleagues opinions on firms that offer good value.  The Value Index builds upon this tradition by encouraging in-house counsel to contact or “ping” other evaluators to discuss the firm’s work in greater detail.

As we begin the process of rolling out law firm access to certain information in the Value Index this week, I want to take a moment to outline the who/what/when/where/how and why underlying this process.

Who – Access is being offered to law firms evaluated in the ACC Value Index since its October 2009 launch.

What – Each evaluated law firm will be able to access aggregated results pertaining to that firm.  This includes average scores for that firm by criterion, office location and matter type.  The firms will also receive overall Value Index averages for benchmarking purposes. Here’s an example of what a law firm would see:

When -- Starting today, February 3, 2010, through the foreseeable future.

Where – Access to the information will be available to law firms through an online portal on ACC’s Web site using the protocols below. 

How – Here are the key steps for law firms to gain access to the AVI information:
1.    Firm management decides who in the firm will manage the AVI access to the firm’s results.
2.    The firm representative who will serve as the “administrator” on behalf of the firm goes to the AVI Law Firm Access Portal at: http://www.acc.com/valuechallenge/valueindex/lawfirms to obtain administrator access.
3.    The administrator can then view the firm’s AVI results anytime and share them within the firm.

Why – As I wrote on this blog last October during the ACC Value Index launch, coinciding with the overarching goal of the ACC Value Challenge – information gleaned from the AVI will help to foster a greater dialog between clients and their outside counsel.

The AVI is only one part of the ACC Value Challenge, which encompasses a larger effort to reconnect value to the cost of legal services.  Other aspects include a) “Meet. Talk. Act.” which encourages clients and law firms to engage in discussions about value and their relationship; b) a law firm economic model; and c) specific resources with examples of value practices and ideas on ‘how to’ implement practices focused on value.  Resources, success stories and updates are continually added to the ACC Value Challenge community pages and we encourage law firms to get involved and help to provide additional information/resources.
 

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Fred Krebs, in his President’s message, in the January/February 2010 issue of the Docket, encouraged measurement of law department performance. The central themes of his comments are:

The more we measure our successes, our challenges and even our failures, the more we will learn how to carry these experiences forward in a meaningful way into a new year.

Allow me to express some reservations, but first I should tell you my bias—I am Mr. Measurement. So what is my problem?

When ADR was touted as the certain means to reducing litigation costs and study after study appeared supporting that fact, I complained we should measure these claims in a “scientifically valid manner.” The key is scientifically valid. There was little in the deluge of materials from such notable organizations as the ABA and others that was scientifically valid. There were explanations as to why ADR just had to be more cost efficient and numerous opinion surveys claiming it clearly saved money.

In the context of the Civil Justice Reform Act, I had the opportunity to persuade the Federal District Court for the Northern District of Ohio to let me study these claims. Unknown to me, the Administrative Offices of Federal Courts had engaged Rand to do a similar study. Using two different methodologies, but both looking at actual costs with controls we reached the same result—ADR had no impact on costs.

Measuring is not a simple task and my experience is that much of the measuring done by legal consulting firms is irrelevant at best and misleading at worse, since it involves questionable comparisons and often is not measuring the right thing.

I am in the process now of conducting an enhanced study of ADR with my co-chair a law professor at Case Law School, with the assistance of a professor in social science methodology. We find ourselves continually challenged to insure we are measuring the right thing, the right way and for the right reason.

So before you charge off, inspired by Fred’s challenge to measure, let me suggest you think through three issues. First, why am I measuring? Second, what am I measuring? And third, how am I measuring it? I will explain the importance of each issue in future blogs.

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Canadian Lawyer INHOUSE has posted video coverage of the Annual Meeting, including views of the Exhibit Hall and interviews with Fred Krebs, ACC President, and several of the exhibitors. This is now the third movie Fred has starred in... who can guess the other two? (Hint: IMDB.com has one)

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