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Closing in the RED ZONE - How Outside Counsel are Selected
April 24, 2007
During the past 20 years, I've had the good fortune of sitting in with in-house counsel as they discuss their outside firms and the selection process for new ones. As you read the following quotes, do an honest assessment of whether you and your firm meet any of the categories. And if so, make sure you use the suggested tactics to solve the problem.1. “Law firms are dumb about what companies really want. I am shocked at how cocky and not-in-tune they are.” SOLVE THE PROBLEM by holding a pre-meeting or phone conversation with your contact.2. “I am going to start hiring plaintiff attorneys who are successful versus large companies like ours; they are winners.” SOLVE THE PROBLEM by decoding hidden decision making cues that might even come from the CEO.3. “Our law firms are spoiled and dull – I want to shake things up.” SOLVE THE PROBLEM by concentrating on efforts to enhance your retention.4. “I want people who win, whether selling our products or beating our competitors in court.” from a CEO. SOLVE THE PROBLEM by using the selection process to demonstrate what additional value you bring to them, even from the discussions during the selection process.Enter your comments below or through [email protected].
During the past 20 years, I've had the good fortune of sitting in with in-house counsel as they discuss their outside firms and the selection process for new ones. As you read the following quotes, do an honest assessment of whether you and your firm meet any of the categories. And if so, make sure you use the suggested tactics to solve the problem.1. “Law firms are dumb about what companies really want. I am shocked at how cocky and not-in-tune they are.” SOLVE THE PROBLEM by holding a pre-meeting or phone conversation with your contact.2. “I am going to start hiring plaintiff attorneys who are successful versus large companies like ours; they are winners.” SOLVE THE PROBLEM by decoding hidden decision making cues that might even come from the CEO.3. “Our law firms are spoiled and dull – I want to shake things up.” SOLVE THE PROBLEM by concentrating on efforts to enhance your retention.4. “I want people who win, whether selling our products or beating our competitors in court.” from a CEO. SOLVE THE PROBLEM by using the selection process to demonstrate what additional value you bring to them, even from the discussions during the selection process.Enter your comments below or through [email protected].
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.