Font Size: 
General Counsel Panelists Say They Like Firms That Take the Initiative
The National Law Journal
November 23, 2009
A panel of general counsel and senior in-house lawyers at a Boston conference revealed that cost isn't always their top criteria when picking outside lawyers. They also want outside lawyers to take the initiative in building a relationship.
Four in-house lawyers spoke at a panel discussion Thursday at the Legal Marketing Association New England Regional Conference sponsored by both the marketing association and the Association of Corporate Counsel's Northeast Chapter.
The lawyers, who hailed from private, public and nonprofit organizations, were Julia Coyne, assistant general counsel of athletic shoe maker Nike Inc.; Paul Cushing, litigation and compliance counsel of hospital and health care organization Partners HealthCare System Inc.; David Mackey, general counsel of Massachusetts Port Authority, or Massport; and Lon Povich, general counsel of warehouse retail operator BJ's Wholesale Clubs Inc.
When asked how important fees are to the attorney selection process, Cushing revealed that higher proposed fees would be more closely scrutinized. The other panelists said it really depends on the work at stake and the firm's approach.
"If the budget makes sense, the last digit doesn't matter," Povich said.
At pitch time, law firms willing to make "a big, upfront investment" are more likely to win Nike business, Coyne said.
Coyne recalled a law firm that came in and did a pitch even after the firm learned that the work it wanted was farmed out to another firm. Later on, the firm became a Nike partner, she said.
"They were willing to come in and spend the time," Coyne said.
An outside lawyer who sent him a copy of the bill before submitting it internally at the law firm impressed Cushing because it opened up a discussion instead of putting the onus on the in-house counsel to question the bill after the fact, he said.
Large matters frequently entail staffing inefficiencies, and the tendency is to bill for everything and wait for objections, Cushing said. "It's putting the burden on us to object," he said.
The attorneys also told the audience of marketers and attorneys that they're more likely to read the first few client alerts about a particular legal topic but not the 15th, and they want lawyers they can call for short, quick answers during the day.
When it comes to pitches, the in-house lawyers also said they're open to the business development team's involvement in the pitch process and cross-selling.
Cross-selling is an "effective, always easy, way to meet people" who could be helpful in the future, said Povich, BJ's Wholesale Club's general counsel.
But, advised Cushing, firms should expect in-house counsel to press for a better financial deal from the firm if they're sending more work their way.
To varying degrees, the panelists were also open to pitches from nonlawyer business development professionals. Coyne said she'd "feel more comfortable if a lawyer from the firm reached out as well."
Cushing, on the other hand, said the marketing team can help in-house counsel with some screening functions.
"[Figuring out] how best to put the right people from your organization in front of our organization [is] welcome because it might end up saving my time," Coyne said. "[Marketers] also don't have their own practice at stake. It's more egalitarian."
