© 2014 Fox Rothschild INS AND OUTS: Comparing the Perspectives of In-House and Outside Counsel A panel discussion moderated by Matthew J. Rita, Esq. April 16, 2014 Denver, Colorado

IN-HOUSE PANELISTS

DISCUSSION FORMAT Identification of a recurring issue that can impact the attorney-client relationship, for better or worse A pithy (if exaggerated) comment from the perspective of a stereotypical outside lawyer Lively discussion among the in-house panelists

OUR GOALS Raise consciousness –For the in-house attorneys in our audience –For any outside lawyers who snuck in today Compare notes among peers –To identify best (or at least better) practices –While recognizing that one size doesn’t fit all Help start (or continue) a dialogue –Between you and your in-house colleagues –Between you and your outside counsel

RESPONSIVENESS “I know you have only one client in your in-house legal department, but I have many clients clamoring for my attention. I’ll return your call or respond to your as soon as I get to it.”

A LONG-TERM VIEW “And besides, you’ve sent my law firm only a handful of smaller projects. If you were to give us more big pieces of work, I’d make sure your company’s matters got priority attention. Right now we’re not profiting much from this relationship.”

BUSINESS SOLUTIONS “If we sue your vendor here in Colorado and lose, we could always file an appeal. It looks like there’s a circuit split on the core legal issue, but the Tenth Circuit hasn’t addressed it yet. Litigating could give your company a chance to make new law!”

LEGAL ANSWERS IN CONTEXT “We take pride in knowing the law. So, although your company operates entirely in the Rocky Mountain region, I had my associate do a 50-state survey on the legal issue you and I discussed. You can now be the in-house expert on that esoteric point of law!”

PROPORTIONALITY “And while she was at it, I had my associate compile a multi-jurisdictional chart, attaching copies of the relevant statutes and cases from each state. It’s too voluminous to send you by , so I’ll overnight you a box of binders. What’s your FedEx number again?”

DIVERSITY “Of course my law firm values diversity. It says so right on our website! Plus, don’t you remember that diverse attorney I brought to the pitch we made for your company’s work? Unfortunately, she got passed over for partnership and decided to leave us.”

CHANGE MANAGEMENT “I hear there are a lot of changes underway inside your organization. Good luck with that. It’s all I can do to keep up with the politics at my law firm. But don’t worry. I’ll keep providing you the same service in the same way, no matter what changes at your company.”

STAFFING “I know you’ve enjoyed working with my go-to associate, but he’s popular with a lot of my clients. We’re trying to even out the workload here at the firm, so I’m going to assign your matters to a different attorney who’s not as busy.”

BILLING FLEXIBILITY “Yeah, I’ve seen a lot of articles lately about fixed-fee and other alternative billing arrangements. That’s just a passing fad. As long as law firms compensate attorneys based on billable hours, that’s how legal services will be bought and sold.”

INVESTING “I’d love to visit your company’s new facility, but that would take me away from my office for at least two full days. If I can bill for all of that time at my standard rate, and also have you cover all my travel and lodging expenses, I’ll be happy to check it out.”

Matt Rita (303)