ABA Section of Business Law
July/August 2001 (Volume 10, Number 6) Speaking volumes
A good set of books on partnering
By Michael E. Flowers
West Group & ACCA, four volumes, 6,032 pages and four diskettes of forms. $350: to order, call 800/344-5009.
Successful Partnering Between Inside and Outside Counsel, a publication from West Group and the American Corporate Counsel Association, is a one-of-a-kind, practical guide for corporate law departments and law firms.
A compilation of expert advice from the general counsel of 80 Fortune 500 companies and law firm partners, this four-volume set provides the tools and knowledge necessary for protecting and advancing a corporation's legal services and interests. With 80 chapters of practical advice, successful strategies, practice-proven tactics and illustrative forms, as well as case studies detailing major corporations' innovative approaches to legal services, the set is a real asset to business lawyers.
The publication's comprehensive treatment of the partnership between inside and outside counsel from pre-engagement planning to post-engagement evaluation distinguishes this work from other collections. Written by a team of in-house and outside counsel, each chapter focuses on the special needs and responsibilities of both groups. The authors' thoughtful yet candid approach to their subjects gives the reader an insider's look at the practices of successful corporate law departments and their law firms.
Throughout the set, experienced counselors provide guidance in areas such as securities, real estate, mass torts, bankruptcy, employment law, environmental law, patents and trade secrets, trademarks and copyrights. Authors cover a broad range of topics, including selection of outside counsel, planning and budgeting, fee arrangements and billing, law department management, technology, benchmarking, conflicts, diversity, corporate governance, compliance, transactions as well as dispute resolution and avoidance.
While having so many contributing experts is an undeniable advantage, their differing styles and approaches lend a slightly disjointed air to the publication. Moving from chapter to chapter, one notices changes in the scope of examination as well as in the manner in which each topic is treated. Some topics are painstakingly dissected, while others are given sufficient, yet less-involved review. Some authors are daringly blunt with their advice, while others are more cautious. Luckily, Editor Robert L. Haig's fine-tuning keeps these disparities from outshining the publication's overall treatment of its topics.
With a focus on identifying issues and techniques common to transactional practice, the transactions chapter will appeal to inside and outside counsel who must work as a team to effectively accomplish the goals of their corporation. The chapter discusses team development, including establishing a chain of command and defining the role of outside counsel. The sections devoted to educating outside counsel, the negotiating process and using form agreements will help lawyers involved in joint transactional efforts maximize the returns for their corporations.
Exploring the effect of emerging and developing technologies on the relationship between inside and outside counsel, the technology chapter addresses the opportunities technology provides as well as the risks it can create. It discusses in detail the Internet and its various uses for lawyers, including teleconferencing, searching databases and sharing information through extranets. Internal security, misuse of e-mail, office policies and trademark and copyright infringement are also covered. Rounding out the chapter are a practice checklist and a company computer policy form, which will help business lawyers target areas that need attention.
Successful Partnering's coverage of diversity in law firms will be of special interest to members of the ABA's Business Law Section, which recently joined the chief legal officers of nearly 300 of the largest U.S. corporations in pledging commitment to diversifying their workplace. In this chapter, the authors devote their attention to fostering an understanding of what it actually means when organizations commit to diversity in the workplace and how organizations should proceed when undertaking this commitment.
These chapters represent just a sampling of what Successful Partnering has to offer business lawyers. The publication's scope thoroughly dissects its subjects. Its enormity avoids intimidating the reader, thanks to Haig's exceptional organization; each chapter follows a common format, making navigating the four volumes easy.
Flowers is a partner at Bricker & Eckler LLP, in Columbus, Ohio. His e-mail is mflowers@bricker.com.
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