GCs to Outside Counsel: If There Are Obstacles, Find Workarounds

In any assignment to outside counsel, problems and challenges may arise. The important thing is that those issues are spotted by your outside counsel and brought to your attention quickly along with possible solutions. But so often, the source of dissatisfaction is that they either that didn’t spot it or they failed to alert you in a timely, direct fashion. Much of this fiction can be avoided by how firms manage their assignments, in terms of fully understanding the assignment, planning the best path at the get-go, and then monitoring their work. Effective and methodical planning, followed by vigilant operation are the keys to successful service delivery. Passive or reactive monitoring won’t cut it. Firms need a structured system of monitoring the project plan, gauging progress, spotting problems, finding workarounds and then ensuring they are effective. These twin ideals, planning and monitoring, will be huge assets to your relationship with your outside counsel because they will directly affect your firm’s ability consistently to deliver you good outcomes and peace of mind.

GC Voice

• “I think the important thing to remember is that, as lawyers, we are problem solvers so roadblocks and frustrations are going to happen.  We should never fear roadblocks – we should expect them and attack them head on.  If you can do so with a clear head and a calm demeanor, you will gain the respect of your business partners and become their trusted advisor.” — José Gonzalez, EVP& General Counsel, CNA, USA 

• “The best way to build a long term relationship is to work on challenging problems together. Those are the situations where you can see how counsel performs under pressure and how they partner with you while you are solving the challenging problem. The best counsel understand or seek to understand not only the problem, but the context as well. They ask questions around what you need and how they can be the most helpful and are also available when you need them.” – Anirma Gupta, General Counsel | High Growth Company Executive | Non-Profit Co-Founder 

• “Bad news and negative results need to be a day1 discussion- not a day 30 benefit of hindsight discussion. If a law firm is able to tell a client what the weaknesses and potential pitfalls are and if a scenario develops where their prediction does come true, then it will not come as a unpleasant surprise for the client but as one of the outcomes thought through, factored into decision making and clearly communicated to its key stakeholders and board members.” — Priti Shetty, General Counsel, ICICI Bank, UK