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Mastering the Game: Best Practices for Working with External Counsel

Issue 11.8
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Bringing in external counsel can flip legal headaches into big wins, protecting your interests and pushing your goals forward. But how do you make sure your partnership with legal experts goes beyond just getting the job done? The magic happens when you master working with external counsel – mixing careful planning with lively communication to reach new heights of legal success.

Select the Right Counsel

Choosing the right external counsel is a game-changer. Companies must seek firms or attorneys with expertise tailored to their specific legal needs. Beyond qualifications, the cultural fit and communication style of the external counsel are crucial for a harmonious working relationship. Notably, smaller law firms can often deliver more personalized and cost-effective services compared to their larger counterparts. They typically offer higher levels of attention and flexibility, making them an attractive option for businesses desiring customized legal solutions without the hefty fees associated with big-name firms.

Manage Expectations

Managing expectations is the linchpin of a successful partnership with external counsel. Companies crave practical, straightforward answers that inform decision-making processes. External counsel should dispense clear, concise, and actionable advice, often in a yes-or-no format, to facilitate timely and informed decisions. This approach eradicates ambiguity, aligning legal strategies with business objectives and enabling swift, decisive action. Companies don’t need long-winded memos and excessive waivers that bog down the decision-making process – they need direct, effective communication that supports agile business operations.

Pick Up the Phone

Emails and reports are essential, but sometimes, nothing beats a good old-fashioned phone call. External counsel should regularly call their clients to discuss not just ongoing legal matters but also the broader business context. These conversations can uncover new opportunities, preempt potential issues, and strengthen the relationship by demonstrating a genuine interest in the client’s business. Regular phone calls foster a more personal connection, often leading to more insightful and effective legal advice.

Invest in Relationship Building

Building a robust relationship with external counsel goes beyond transactional interactions. Regular meetings, networking events, and informal engagements can deepen the bond and foster a thorough understanding of the company’s business and legal needs. A strong relationship with external counsel can lead to better outcomes and more proactive legal support, transforming the counsel into a true strategic partner.

Be Ruthlessly Responsive

In the relentless world of business, speed is everything. External counsel must make responsiveness their top priority, answering client inquiries and concerns the same day they arise -– no exceptions. Quick yes-or-no answers are often sufficient, and if a more detailed response is required, external counsel must provide a clear timeline for when the client can expect a complete answer. This immediate action shows an unwavering commitment to the client’s needs and builds trust and reliability. Rapid responses can stop minor issues from exploding into major crises and ensure the client feels constantly supported and valued. An external counsel’s ability to respond with lightning speed is crucial, significantly boosting the efficiency and effectiveness of the legal partnership and driving superior business outcomes.

Emphasize Quality and Proper Formatting

The quality of legal services provided by external counsel must be impeccable. Companies should prioritize law firms that demonstrate a commitment to excellence and efficiency, with a strong emphasis on proper formatting and clear, professional presentation of all legal documents. Well-formatted documents enhance readability and reduce the risk of misunderstandings. Performance metrics, regular reviews, and feedback mechanisms are essential to maintaining high standards and driving continuous improvement. Proper formatting isn’t just about aesthetics – it’s a reflection of the firm’s attention to detail and professionalism, crucial for effective legal communication and successful outcomes.

Understand the Business

For external counsel to be truly effective, they must have a deep understanding of the client’s business. This includes the industry landscape, competitive pressures, and the company’s specific strategic goals and challenges. When external counsel are well-versed in the business context, they can provide more relevant and impactful legal advice. This business acumen allows them to anticipate legal issues before they arise, tailor their strategies to the company’s unique needs, and ultimately drive better results. By immersing themselves in the business, external counsel can become invaluable partners in the company’s success.

Build Trust Through Success

Success breeds trust, a fundamental principle in the relationship with external counsel. External counsel should relentlessly focus on achieving the best possible outcomes for their clients. Consistently delivering successful results not only proves their competence but also builds a foundation of trust and reliability. This trust ensures a stronger, more resilient partnership, where clients can confidently rely on their counsel’s ability to handle complex legal challenges and drive favorable outcomes.

Conclusion

Mastering the game of working with external counsel is not just about hiring legal experts – it’s about forging a strategic partnership that drives business success. By selecting the right counsel, managing expectations, maintaining open communication, building strong relationships, prioritizing responsiveness, emphasizing quality, and understanding the business deeply, companies can ensure their collaboration with external counsel is not just effective but exceptional.

By Adam Brzezinski, General Counsel Employment & Privacy, MoneyGram International