Random Observations & Indelible Memories

 Each year, as ACC’s Annual Meeting concludes, I’m always struck by the interesting and substantive new information I discover.  Inevitably, people say things - or I observe or participate in events - that leave me with much to think about.  This was my 18th annual meeting and it was no different. Throughout our time in Boston, I continually encountered such instances among our 2400+ attendees that, I believe, contributed to the success of this gathering of in-house counsel from around the world.  

Leadership, education, collaboration, support, relationships and value, all contributed to a successful conference, which I tried to capture in these Random Observations

 

·        As she shared her lifetime of studying and writing about great leaders, Pulitzer Prize winning author, Doris Kearns Goodwin, presented a captivating tale of personal observations and what we could learn from the great leaders she had studied. I, like everyone in the room, hung onto her every word and was drawn into her uncanny ability to “tell a story” and describe the research that went into her book, Team of Rivals: The Political Genius of Abraham Lincoln.  So much of what she discussed about the politicians and historical figures translated seamlessly to the legal community.

 

Lincoln’s success was the result of a character that had been forged by life experiences that raised him above his more privileged and accomplished rivals.”

 

“The best indicators of a good leader – being able to motivate during frustration.”

 

~ Doris Kearns Goodwin, Pulitzer Prize Author

 ACC’s 2009 Annual Meeting Keynote Speaker

 

I say without hesitation—read this or any other book she has written!

 

·        Ivan Fong, former ACC Board Chair, who recently became General Counsel for the Department of Homeland Security, provided a captivating account of his transition to the public sector, with particular emphasis on the qualities of effective leadership.  His candor and honesty were both insightful, as well as refreshing to hear, in light of his high-profile role with the third largest government agency.

 

“The hallmarks of being a good lawyer – the foundations on which everything is based – are the quality of the legal analysis, responsiveness, sound judgment and the ability to be a trusted advisor, all of which translate well into the public sector.”

 

"You can tell the health of an organization by the quality of its arguments.”

 

~ Ivan Fong, General Counsel of U.S. Department of Homeland Security

Chair’s Choice: A View from the Frontlines

 

·        Earlier this year, we were saddened to learn of the passing of Robert Banks, Sr., an extraordinary in house counsel for Xerox and the leading founder of ACC. He gave us a great gift and he gave us all an organization that permits us to change and improve our profession and ourselves.  

 

“For his beliefs and advocacy, we all owe Bob an immense debt of gratitude.”

~ Carl D. Liggio

Founder and 1984 ACC Board Chair

 

Because of his unyielding support of ACC, it is only fitting that we honor Bob with the ACC Robert Banks Memorial Scholarship Fund, starting in 2010. This scholarship will help support those members who are in transition or need additional support to attend future Annual Meetings.

 

·       During an engaging discussion of CLOs, opinions were exchanged and suggestions were offered, and I was intrigued by the frankness and insight offered.  Much of the discussion related to the changes occurring among in-house counsel and their relationships with their outside lawyers and the billable hour.  Unlike similar discussions of the past, where everyone just cited problems, here, the CLOs offered tangible solutions and discussed what they have begun to implement to help affect change.

 

“Meet. Talk. Act. – from the ACC Value Challenge – gives us all a good framework to use … we need to get together with our outside counsel, open the dialog and start doing things.”

 

~ John Page, Vice President, GC & Corp. Secretary, Golden State Foods Corp.

Chief Legal Officer Roundtable Discussion

 

“What we’re learning is how to use alternative fee arrangements – when do they work and make sense? More and more there will be categories of matters where alternative and flat fee arrangements are more accepted – it’s the law of supply and demand – some are cyclical and some are secular.”

~ Marc Gary, General Counsel, Fidelity Investments

Chief Legal Officer Roundtable Discussion

 

·        As I made my way though the Exhibit Hall, and observed the interaction among the over 100 exhibitors and the attendees, I understood what many in-house counsel had told me, that they liked the positive, controlled environment.  Members feel this provides them with a “one-stop shop” to speak with legal industry providers and hear about the new resources and services available to them.  The exhibitors, too, were engaged and I was happy to hear a number of positive comments.

 

“We were very happy with the event. We met a lot of attendees and got to speak to them about their needs and how we can help.”

 

 ~ Ian Nelson, Vice President of Business Development & Marketing, PLC

ACC Alliance Partner/2009 Annual Meeting Exhibitor

 

“Everyone has been really engaged and interested …this has been really helpful for our attorneys, to see the number of in-house counsel in attendance and to interact with our clients that are here.”

 

~ Felice Wagner, Chief Client Service Officer, Sutherland

First Time 2009 Annual Meeting Exhibitor

 

·       Efficiency, value and cost containment were repeated throughout the conference, both in sessions and during one-on-one conversations, as everyone shared and gleaned insight on streamlining processes without cutting quality. During the session, “The Slow Motion Riot – Revolutionizing Law Department Cost Management,” law department leaders and law firm management discussed the ACC Value Challenge and how the initiative could help to support their efforts.

 

“Value Day - August 24 - the day the Wall Street Journal covered alternative billing on its front page."

 

~ Jeffrey Carr, Vice President, GC & Secretary, FMC Technologies, Inc.

The Slow Motion Riot – Revolutionizing Law Department Cost Management

 

“Value means more than price for legal services – what more do we want from our relationships – CLE, top of mind advice, brainstorming….”

 

~ Bruce Goldberg, Managing Counsel, Allstate Insurance Company

The Slow Motion Riot – Revolutionizing Law Department Cost Management

 

“Profit is variable; what is valued is continuing relationships maintained through continuing relationship reviews.”

 

~ Stuart Pape, Managing Partner, Patton Boggs LLP

The Slow Motion Riot – Revolutionizing Law Department Cost Management

 

"Once you decide to go down this path, there's only one question you need to ask law firms, Will you do this? Yes or no. If they say no, they are free to work elsewhere. Draconian? Yes. Effective? Absolutely. But it does take some backbone."

 

~ Jeffrey Carr, Vice President, GC & Secretary, FMC Technologies, Inc.

The Slow Motion Riot – Revolutionizing Law Department Cost Management

 

 

Right Plan - Wrong Profession?

The description of the profession used in Northwestern’s Strategic Plan is based on data which describes a profession that very likely has undergone some radical permanent changes since the data describing the legal profession was collected. The Plan presumes a profession that existed through 2006 and is designed to address the requirements of that profession. For example in the opening pages of the Plan it notes that starting salaries for top law school graduates were “now $160,000 plus bonuses” for the top graduates of Northwestern Law School. In my blog I describe how many formerly highly paid law school graduates are now unemployed or employed for modest salaries.

The Plan also describes the growth in the demand for legal services, based on law firm revenues from 2000 to 2006 which show legal services overall slightly outpacing GDP and the revenue of the Top 200 US law firms dramatically exceeding GDP with an annualized growth rate of 9.8%.

2007 has brought dramatic changes to the global as well as the US economy. Similar impacts have been felt by the legal profession. The reduction in the demand for legal services as well as the incomes of lawyers has been widely publicized. Perhaps even more importantly, the role that the law might have played in the US and other cultures may well be changing. Most notably, the central feature of at least the US legal system, lawsuits, appears to be disappearing. As I suggest in this series of blogs, this change may not be a mere function of the economic climate, but a cultural shift in which the role played by law is being replaced by other factors in the culture to order and control behavior.

Northwestern’s plan explicitly describes itself as not being a new effort, but describes itself as “refreshing portions of its 1998 Strategic Plan and “fine tun[ing]” the school’s response to the continuing challenges for legal education. Its biggest problem may be that it does just that and in doing so may have fallen into the trap that has plagued legal education—its uncanny ability to train lawyers for the profession of the past.