Americans, indeed all freemen, remember that in the final choice, a soldier's pack is not so heavy a burden as a prisoner's chains.
- Dwight D. Eisenhower, First Inaugural Address, January 20, 1953
Monday, May 31, 2010
Wednesday, May 26, 2010
The Four Pillars
In order to build some order out of the astounding variety and multitude of issues that visit our law department each day, I have created a framework for categorizing our primary duties. I caution that this framework is not the only way to categorize a law department’s responsibilities, but it helps me to prioritize our duties and to communicate our annual goals to management.
The first pillar of our in-house practice is to Drive Revenue. I like this pillar because it surprises colleagues who only think of law as a cost center. But driving revenue is ultimately our primary duty. The law department exists as a handmaiden to the business and not the other way around. Without the revenue-generating deals, none of us will have jobs. It is imperative that the law department act creatively in concert with business colleagues to develop user-friendly approaches to getting deals done.
I view this pillar expansively, including in it all customer drafting and negotiation efforts, working with partners and channels of distribution, assisting marketing with its campaigns, press releases and other communications, and also the care and management of revenue-generating intellectual property.
I know that in some companies, intellectual property management could be a pillar unto itself, but in my current context, this area of the practice fits well in the Drive Revenue category.
The second pillar is to Manage Risk/Compliance. In this pillar I include all of the “external” ethical standards, legal and regulatory requirements and social mores that are associated with being a responsible business partner in our modern society. Obviously, managing risk is inherently associated with the activities of Driving Revenue, but beyond that, this pillar encompasses analyzing and monitoring publicly disclosed risks, reviewing insurance coverage, assisting with labor and employment concerns, working with regulators and optimizing legal practices in key regulated areas. These key regulated areas will differ by industry. Data privacy will top the list for technology companies, while a food processor will be more concerned with FDA mandates. In any case, this pillar is all about preserving the integrity of the company so as to allow it to focus on the mission of pillar number one.
The third pillar is Corporate Governance. This pillar includes the various ’33 and ’34 Act filings, the care and feeding of the Board, the appropriate management of stockholders, attending to the legal aspects of corporate finances, and observing the formalities of corporate structure. The size and shape of this pillar will depend on whether a company is public or private, closely held, a partnership, a family business, or a sole proprietorship, but in all cases, some aspect of how the company is run is part of the General Counsel’s purview.
Last, but certainly not least (although all too often it is neglected in favor of seemingly more urgent concerns) is the pillar of Law Department Operations. This pillar comprises budgeting and managing outside counsel, optimizing legal communications with clients (e.g. training, newsletters, websites), creating knowledge management systems, attraction and retention of quality employees, providing suitable training and career development opportunities for team members, promoting pro bono activities, and generally making the law department a pleasant place to work.
These pillars aren’t the only way to frame the duties of a law department, but it works for me, and because this structure will be referenced in future postings, I wanted to explain this perspective.
The first pillar of our in-house practice is to Drive Revenue. I like this pillar because it surprises colleagues who only think of law as a cost center. But driving revenue is ultimately our primary duty. The law department exists as a handmaiden to the business and not the other way around. Without the revenue-generating deals, none of us will have jobs. It is imperative that the law department act creatively in concert with business colleagues to develop user-friendly approaches to getting deals done.
I view this pillar expansively, including in it all customer drafting and negotiation efforts, working with partners and channels of distribution, assisting marketing with its campaigns, press releases and other communications, and also the care and management of revenue-generating intellectual property.
I know that in some companies, intellectual property management could be a pillar unto itself, but in my current context, this area of the practice fits well in the Drive Revenue category.
The second pillar is to Manage Risk/Compliance. In this pillar I include all of the “external” ethical standards, legal and regulatory requirements and social mores that are associated with being a responsible business partner in our modern society. Obviously, managing risk is inherently associated with the activities of Driving Revenue, but beyond that, this pillar encompasses analyzing and monitoring publicly disclosed risks, reviewing insurance coverage, assisting with labor and employment concerns, working with regulators and optimizing legal practices in key regulated areas. These key regulated areas will differ by industry. Data privacy will top the list for technology companies, while a food processor will be more concerned with FDA mandates. In any case, this pillar is all about preserving the integrity of the company so as to allow it to focus on the mission of pillar number one.
The third pillar is Corporate Governance. This pillar includes the various ’33 and ’34 Act filings, the care and feeding of the Board, the appropriate management of stockholders, attending to the legal aspects of corporate finances, and observing the formalities of corporate structure. The size and shape of this pillar will depend on whether a company is public or private, closely held, a partnership, a family business, or a sole proprietorship, but in all cases, some aspect of how the company is run is part of the General Counsel’s purview.
Last, but certainly not least (although all too often it is neglected in favor of seemingly more urgent concerns) is the pillar of Law Department Operations. This pillar comprises budgeting and managing outside counsel, optimizing legal communications with clients (e.g. training, newsletters, websites), creating knowledge management systems, attraction and retention of quality employees, providing suitable training and career development opportunities for team members, promoting pro bono activities, and generally making the law department a pleasant place to work.
These pillars aren’t the only way to frame the duties of a law department, but it works for me, and because this structure will be referenced in future postings, I wanted to explain this perspective.
Wednesday, May 19, 2010
An Introduction
Let me introduce myself and explain my background. A general overview of my experience can be found at http://www.linkedin.com/in/jonwolson . Beyond this simple biography, there are certain distinguishing qualities that have shaped my career thus far and that will inform my writings on this blog.
A Diversity of Legal Experience- Many in-house departments tend toward specialization for the obvious reasons of efficiency and economies of scale. I know many corporate attorneys who have spent decades doing essentially the same type of legal work. Certainly, there is a virtue in honing one’s craft through narrowing the focus of practice. Law, in particular, lends itself to such specialization because within each area of the law is an abundance of complexity, nuance and the occasional counter-intuitive method. That said, my temperament is better suited to practice on the expanded side of the prism, where I can see each of the vibrant colors of the modern in-house legal practice. I have been blessed to work with organizations that have allowed me to enjoy a wide diversity of legal work and have encouraged cross-disciplinary training and rotational assignments.
A Focus on the Business Side of Law- After graduating from law school, I spent four years in private practice. I view this time as a necessary follow on to law school, an apprenticeship of sorts, to learn the “practice” of law outside of the law school’s temple of theory. I knew pretty much right away, however, that I most enjoyed the interplay between law and business- so I moved in-house, studied my way to an MBA, and spend my time building the legal bridges that support the journey between business strategies and business outcomes.
Interest in Operational Excellence- For a law practice to be most effective in a corporate setting, it must provide timely, relevant and actionable counsel to colleagues. This is easier written than done, particularly in a complex organization with necessary constraints on time, money, and energy. Dozens of books and thousands of articles have been written on the topic of law department management. I am a fervid student of this topic and it will be the subject of future postings.
Working with a Team- The study of law can be a solitary pursuit, but law as applied to the real world requires a team effort. The creation, development, motivation and fulfillment of a high performance legal team will also be a featured topic on this blog.
It is the cross-flow from these four currents that has shaped my experience and offers me a singular vantage point on the in-house practice of law; one that I hope to share with you through this blog.
A Diversity of Legal Experience- Many in-house departments tend toward specialization for the obvious reasons of efficiency and economies of scale. I know many corporate attorneys who have spent decades doing essentially the same type of legal work. Certainly, there is a virtue in honing one’s craft through narrowing the focus of practice. Law, in particular, lends itself to such specialization because within each area of the law is an abundance of complexity, nuance and the occasional counter-intuitive method. That said, my temperament is better suited to practice on the expanded side of the prism, where I can see each of the vibrant colors of the modern in-house legal practice. I have been blessed to work with organizations that have allowed me to enjoy a wide diversity of legal work and have encouraged cross-disciplinary training and rotational assignments.
A Focus on the Business Side of Law- After graduating from law school, I spent four years in private practice. I view this time as a necessary follow on to law school, an apprenticeship of sorts, to learn the “practice” of law outside of the law school’s temple of theory. I knew pretty much right away, however, that I most enjoyed the interplay between law and business- so I moved in-house, studied my way to an MBA, and spend my time building the legal bridges that support the journey between business strategies and business outcomes.
Interest in Operational Excellence- For a law practice to be most effective in a corporate setting, it must provide timely, relevant and actionable counsel to colleagues. This is easier written than done, particularly in a complex organization with necessary constraints on time, money, and energy. Dozens of books and thousands of articles have been written on the topic of law department management. I am a fervid student of this topic and it will be the subject of future postings.
Working with a Team- The study of law can be a solitary pursuit, but law as applied to the real world requires a team effort. The creation, development, motivation and fulfillment of a high performance legal team will also be a featured topic on this blog.
It is the cross-flow from these four currents that has shaped my experience and offers me a singular vantage point on the in-house practice of law; one that I hope to share with you through this blog.
Wednesday, May 12, 2010
Greetings!
Greetings, fellow citizens of the internet! The mission of this blog is to inform, provide insight, occasionally entertain, and to provoke thought and discussion about the issues faced by general counsels and in-house law departments.
In creating this blog, I intend to adhere to the following rules:
Rule of Accountability: This blog and its contents are the views and opinions of the author only and not necessarily of my current or any prior employer. Any errors in facts, grammar or judgment are entirely mine.
Rule of Confidentiality: Being in the legal profession, I understand the paramount importance of confidentiality and discretion. In order to communicate some of my thoughts, yet maintain confidences, I may take liberties changing the names and facts relating to a particular experience. I may also create composite or hypothetical situations to avoid the disclosure of a specific event. Also, I will strive to avoid using names of colleagues, friends and other non-public individuals in this blog without their permission.
Rule of Attribution: To the extent possible, and subject to the Rule of Confidentiality, I will link to online references and original source materials directly and will offer the proper attribution to quotes, ideas, and other works of authorship.
Rule of Dialogue: If I wanted a monologue, I would have written a book. The best characteristic of a blog is the dialogue (i.e. the conversation between two or more individuals) that occurs. I encourage challenging, thoughtful commentary that will lead to a more incisive expression of the ideas I put forth in this blog. Sometimes I myself don’t agree with everything I write, but I usually find it better to express an imperfect or incomplete idea to see how it plays out, rather than to self-censor an idea.
Rule of Respect: A successful public dialogue requires an atmosphere of respect. As such, blog articles and comments containing any of the following will not be permitted:
In creating this blog, I intend to adhere to the following rules:
Rule of Accountability: This blog and its contents are the views and opinions of the author only and not necessarily of my current or any prior employer. Any errors in facts, grammar or judgment are entirely mine.
Rule of Confidentiality: Being in the legal profession, I understand the paramount importance of confidentiality and discretion. In order to communicate some of my thoughts, yet maintain confidences, I may take liberties changing the names and facts relating to a particular experience. I may also create composite or hypothetical situations to avoid the disclosure of a specific event. Also, I will strive to avoid using names of colleagues, friends and other non-public individuals in this blog without their permission.
Rule of Attribution: To the extent possible, and subject to the Rule of Confidentiality, I will link to online references and original source materials directly and will offer the proper attribution to quotes, ideas, and other works of authorship.
Rule of Dialogue: If I wanted a monologue, I would have written a book. The best characteristic of a blog is the dialogue (i.e. the conversation between two or more individuals) that occurs. I encourage challenging, thoughtful commentary that will lead to a more incisive expression of the ideas I put forth in this blog. Sometimes I myself don’t agree with everything I write, but I usually find it better to express an imperfect or incomplete idea to see how it plays out, rather than to self-censor an idea.
Rule of Respect: A successful public dialogue requires an atmosphere of respect. As such, blog articles and comments containing any of the following will not be permitted:
- Comments not topically related to the blog;
- Profane language or content;
- Content that promotes, fosters, or perpetuates discrimination;
- Sexual content or links to sexual content;
- Content that violates a legal ownership interest of any other party.
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