Thursday, May 17, 2012

Category » In-House Counsel

Getting The Work: Tips for Law Firms From In-House Counsel

In the last few blogs, I shared insights on working with in-house counsel based on advice provided by a panel of in-house counsel at a Los Angeles Intellectual Property Law Association meeting. The last blog covered the panel’s tips for getting your foot in the door with in-house counsel. And now that you have their attention, how do you get the work? Here’s what the panel had to say.

  • Be willing to accept smaller matters to start, even loss leader projects. Do superior work and bigger assignments will follow.
  • The first case you handle has to be in your sweet spot, so be realistic about what you’re selling. If you’re experienced in patent prosecution, don’t sell litigation. If your experience is limited to working with electrical engineering companies, don’t push chemical engineering work. In-house counsel won’t be happy if their internal clients report to them that you struggled with their engineering jargon in a deposition.
  • Do what’s best for the client. Let’s say a current in-house counsel client asks if your firm can handle a real estate matter; however, your firm’s expertise is employment law, but you’ve just hired a senior associate who has some real estate experience,–be honest about it. If they need a real estate expert, tell them you’re just breaking into that field, but may not have the in-depth expertise they require. Refer them to another firm that has the necessary experience.
  • Keep your retainer agreement simple. An overly complex one can be a barrier.
  • Demonstrate that you’re cost-conscious by offering a discount, special fee arrangement, fee cap or volume discount. Be creative in your cost approach. For example, consider referring some of the documentation review work to a firm in a less expensive geographic location. Keep litigation costs down. A competitive fee structure may not get you the business, but not having it can lose you the business.
  • Don’t commit to participating in a beauty contest unless you can “knock it out of the park.” If it’s worth your time, do it right. You don’t want to be remembered for your half-baked presentation. You can increase your chances of success by calling the prospect to ask questions beforehand. Five minutes of intelligence on what really matters to them can make all the difference. Besides, chances are you’ll be the only one who cares enough to call, so you’ll stand out.
  • If you offer to conduct a complimentary in-house MCLE program, talk to the prospect beforehand and find out exactly what the staff needs to learn so you can tailor your presentation.

Click to read more about our marketing and public relations experience for intellectual property law firms.

For more information about the Los Angeles Intellectual Property Association click here.

To read the first post of this series, click here.

Share on Facebook

Getting Your Foot in the Door with In-House Counsel: Tips for Law Firms

In the last few blogs, I shared insights on working with in-house counsel based on advice provided by a panel at a Los Angeles Intellectual Property Law Association meeting. In this blog, I’d like to switch gears and share some tips the panel offered for getting your foot in the door with in-house counsel. How do you meet these people in the first place, and how do you get their attention?

To read the first post of this series, click here.

  • In-house counsel tends to be active in professional organizations and serve on civic, non-profit boards. Follow their example and you’re bound to meet them; however, equally important is to build a social network by doing things you like.
  • Keep up with former colleagues at other firms. You never know who will take a job as in-house counsel or become a referral source for you after you’ve moved on.
  • Since it’s risky for in-house counsel to bring in a new firm rather than simply calling the “old” one, they won’t hire you just because you send them a letter. They want certainty. So what can you do if you’re pitching your litigation services and they’ve never seen you in court? You could invite them to view your participation in a mock trial at the Trial Advocacy Project, marksman hearings or some similar venue where you can showcase your skills in action. Even if they don’t show up, at least your invitations will keep your name and expertise in front of them.
  • A good way to get in-house counsel’s attention is to inform them immediately (within a half day) when you see a case filed against their organization. They may not be aware of it yet. Send them an email and explain how your expertise and experience relate to the case. State very specifically why they should consider hiring you. For example, don’t just say “I do IP work,” but refer to your experience handling matters involving the specific technology at issue, before a specific judge, etc. Don’t send a copy of the complaint.
  • In-house counsel welcomes useful, actionable information. While an analysis of a recent court decision may be useful, it’s not something in-house counsel will keep around. Instead, send business-oriented intelligence they will save for future reference. One panel gave such an example that caught in-house counsel’s attention and that he’s kept: A listing of the costs of filing patents in each of five different countries.
  • A merger or acquisition might be an opportunity for an entrée, so keep your eye out for them. In an effort to consolidate, the company may want to replace a larger law firm or one based elsewhere with what it sees as a more agile firm.

Once you have your foot in the door and are in front of in-house counsel, what does it take to get the work? That’s a whole other challenge, which will be the subject of the next blog.

Click to read more about our marketing and public relations experience for intellectual property law firms.

For more information about the Los Angeles Intellectual Property Association click here.

Share on Facebook

Working with In-House Counsel: Practice Management Tips for Associates

In the previous blogs, I shared insights on building productive relationships with in-house counsel based on advice provided by an in-house counsel panel at a Los Angeles Intellectual Property Law Association meeting. The panel also offered practice management tips specifically for associates who want to distinguish themselves in their work with in-house counsel so they can get ahead and make partner. Many of these points are good reminders for partners as well.

To read the first post of this series, click here.

  • Exceed in-house counsel’s expectations. View every contact as an opportunity to distinguish yourself through your expertise and superior client service.
  • Familiarize yourself with in-house counsel’s organization and the industry. Read the annual report. Know who the company’s customers are and why they are buying its products.
  • Think beyond just meeting your own deadline. Remember that in-house counsel is working on several matters, not just yours. Like you, in-house counsel has multiple deadlines, so be sensitive to timing and do what you can to make their life easier.
  • Always respond to emails and voicemails promptly. Getting back to in-house counsel quickly again and again builds the relationship. If you leave a voicemail asking in-house counsel to call you, be prepared for the call. Don’t ask them to give you a call any time and then be unprepared when they do. If you need time to prepare, tell them when you’ll be ready to talk.
  • Take the lead and be in-house counsel’s point of contact, but know your limitations. For example, if you’re asked a question that exceeds your authority or expertise, let in-house counsel know you’ll have to check with a partner. Keep them informed of your progress in obtaining an answer.

The next blog will cover the advice the panel provided specifically for law firms and getting your foot in the door.

Click to read more about our marketing and public relations experience for intellectual property law firms.

For more information about the Los Angeles Intellectual Property Association click here.

Share on Facebook

Working with In-House Counsel: Tips for Partners

In this series of blogs, I’ve been sharing insights on working with in-house counsel based on advice provided by a in-house counsel panel at a Los Angeles Intellectual Property Law Association. This blog shares a few more tips the panel provided for partners who want to create and maintain effective working relationships with in-house counsel.

To read the first post of this series, click here.

  • In-house counsel want certainty and solidity. They find it unsettling to work with firms that break up every few years and regroup, so build a solid infrastructure and a platform that allows you to showcase your leadership and superior work. A team of lawyers that has worked together multiple times represents great strength.
  • Know the chain of reporting at the client’s organization. Don’t go over somebody’s head.
  • Be sensitive to in-house counsel’s and their internal clients’ time. Come to the point immediately in interviews and depositions. Responding to emails and phone calls quickly every single time demonstrates you’re dependable and solidifies the relationship.
  • Become familiar with the client’s business. Read the annual report.
  • Inform in-house counsel of any positive rulings—not just on the case you’re handling for them, but any other matters of relevance.
  • Make sure that in all your work you exemplify the distinguishing factors that go beyond expertise—trustworthiness, competence and a personable attitude.

By providing a positive experience every single time, substantively through proficient work and administratively through unfailing follow-up, clear communications and transparent invoices, you can build a long-term, harmonious, productive and profitable relationship with in-house counsel.

Click to read more about our marketing and public relations experience for intellectual property law firms.

For more information about the Los Angeles Intellectual Property Association click here.

Share on Facebook

How to Impress In-House Counsel: Invoices

In the last blog, I shared some thoughts on the importance of preparation and responsiveness when working with in-house counsel, as expressed by a panel at a Los Angeles Intellectual Property Law Association meeting. In the current blog I’ll impart the panel’s advice on how to incorporate invoicing into your marketing. To read the first post of this series, click here.

  • Provide informative, descriptive invoices. For instance, rather than merely stating “document review,” explain what you reviewed and in what context. That way, in-house counsel won’t be subjected to questions from their superiors. Detailed invoices are also a great marketing opportunity because they showcase your expertise.
  • If you’re writing off time, explain it on the invoice. It will help in-house counsel demonstrate to their management that you’re on the company’s side, avoiding the common perception that attorneys charge for every minute. Also, if you’re writing time off, in-house counsel is less likely to challenge the amount of time you took to complete other tasks. By writing off time, and explaining it clearly, you’re investing in building a long term relationship.
  • Manage and staff cases efficiently to show that it’s cost-effective to work with your firm. Consolidate as much work in as few bodies as possible. Carefully assess how many lawyers really need to attend a deposition. Assign associates who are committed to stay with your firm, and if an associate departs, don’t charge for a new person’s ramp-up time. If you need to staff the case with senior people because of associate layoffs, discount their fees. Although senior lawyers may be more efficient, don’t charge a five-year associate’s fee for a job that could have been done by a two-year associate.
    More good advice from the panel on building relationships and working with in-house counsel will follow in the next blog post.
    Click to read more about our marketing and public relations experience for intellectual property law firms.

    Share on Facebook