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In-house counsel weigh in on top qualities sought in outside counsel

By: Erika Strebel, [email protected]//August 28, 2017//

In-house counsel weigh in on top qualities sought in outside counsel

By: Erika Strebel, [email protected]//August 28, 2017//

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When she’s hiring outside counsel, Amy Ruhig, assistant general counsel at The Bon-Ton Stores Inc., says she looks for individuals who will work well with other people, listen when she talks about what she needs and be open to doing things in new ways. (Staff photo by Kevin Harnack)
When she’s hiring outside counsel, Amy Ruhig, assistant general counsel at The Bon-Ton Stores Inc., says she looks for individuals who will work well with other people, listen when she talks about what she needs and be open to doing things in new ways. (Staff photo by Kevin Harnack)

When in-house counsel are looking for outside help on legal matters, they are often searching for someone with deep knowledge of a specific subject within the law and good communication practices.

So lawyers with those particular attributes can easily rise to the top of the list. After that, it often comes down to other qualities; a little bit of resourcefulness and general amiability never hurt.

Hiring outside counsel is no small matter for Amy Ruhig, assistant general counsel for Bon-Ton Stores Inc.

“That outside attorney is stepping in as part of our team,” Ruhig said. “And so, I want to make sure that they’re a good fit from a team perspective on the way they’re doing business and the advice that they’re giving us so that we work better. That’s what really solidifies a long-term relationship for me.”

Ruhig, who has also worked in-house at Good Will Industries and Jockey International Inc., noted that expertise is undoubtedly important.

“I think when it comes to the super-technical parts of the law, a lot of times in-house counsel looks to firm counsel to be that expert because in-house counsel practice, while we all have specialties, is a more generalist practice and we might not have capacity internally to be an expert down to the minutiae,” she said.

That rings true for Ryan Murphy, general counsel at Edgerton Contractors Inc., who is a “legal team of one.” As such, he finds himself often turning to outside counsel for matters concerning everything from construction litigation to real-estate law.

Murphy said he will often ask candidates for outside-counsel contracts to write out both their proposed scope of representation and a thumbnail budget estimating how long a particular bit of legal work will take.

“It helps me decide if that attorney has expertise in that area and understand what the potential issues are,” he said.

Daniel Aiman, vice president and general counsel for Ashley Furniture Industries Inc., started out in a position similar to Murphy’s. When he joined Ashley, he was the only attorney there.

Now, though, the company has a legal team consisting of four more attorneys. Even with that big of a department, Aiman finds he and his colleagues cannot do without outside expertise. When looking for outside counsel, they are often seeking someone is not only a good communicator but also responsive.

“It’s one of the most important things,” he said. “If a firm promises a specific deadline or our guidelines require that we need five business days to review pleadings or briefs, and they’re not going to make that, we don’t want to get the thing two days from when it’s due. We want to know ahead of time that they’re not going to meet that requirement.”

But while expertise and good communication are essential, other attributes, perhaps less obvious, can be what puts one candidate for outside counsel over another.

One piece of advice from Murphy: Before hiring an outside professional, try to first ascertain whether the candidate is someone you’d be comfortable working with. You’ll be spending a lot of time with whomever you pick.

“My advice to them is: Make sure you like them,” he said.

Ruhig said she looks for counsel who will work well with other people, listen when she talks about what she needs and be open to doing things in new ways.

“In-house counsel is being asked to do more with less just like everybody else,” Ruhig said. “… I want to make sure I’m working with firms who can work with that creativity as well and take the time to understand my business.”

That willingness to try new things extends to fees, notes Aiman. He said that when he started working as in-house counsel, alternative fee arrangements were rare. Now, he said, things like flat fees and fee caps are much more common.

“I’ve seen outside counsel become more flexible in the arrangements they are willing to enter into,” said Aiman. “I think it’s getting competitive for them, so they’re willing to be a little more creative, a little more flexible.”

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