From the Sand Court to the Zoomroom: Lessons in Relationship Building for Commercial In-House Counsel

This past weekend, I traded my business casual for some sand duds and hit the beach volleyball court with my talented friends Maria Daneri and Ryan Quiel .

?While my skills may not have been Olympic-worthy, the experience got me thinking about the unexpected parallels between playing beach volleyball and the art of relationship building for commercial in-house counsel. Lessons learned:?

1. Teamwork is more than just passing the ball back and forth:

• On the beach volleyball court, success hinges on effective teamwork, communication and most importantly on setting expectations. Some teams say something like “I go” when they are ready to approach the ball. Similarly, as commercial in-house counsel, signaling what is needed when and who is on tap to do what– can help prevent any misunderstandings of who is responsible for what in an agreement whether in drafting mode or once executed. Just like passing the ball to set up the perfect spike, fostering collaboration by establishing roles and responsibilities leads to winning outcomes in the contracting arena.

2. Adaptability in the Face of Change:

• Beach volleyball is unpredictable, with players constantly adjusting to changing conditions and opponents' strategies. Likewise, as commercial in-house counsel, navigating the ever-evolving legal landscape and requests from different partners requires adaptability and resilience. Embracing change and staying agile are key to building lasting relationships amidst shifting regulatory frameworks and market dynamics. Also, being willing to change and adapt to the deal that’s in front of you and align on concepts with opposing parties before getting too hung up on language can be a winning tactic.?

3. Be ready to dive for the ball-but if you’re prepared you might not have to:

• When you’re on the court, there are times when you have to go hard and dive for the ball. But if you have your positioning and strategy right from the outset, the chances of this happening are far less. It's the same when you are negotiating a contract. If you’re prepared and thinking ahead about likely scenarios, you can have talking points ready to go for positions you’re taking in an agreement. ? There are going to be unexpected contractual items you’re going to have to deal with, or dive for, to stick with the metaphor, but the better your starting position is from a communication and defensibility standpoint, the less heroic, last-second saves you’ll have to make.?4. Trust and Reliability:
• Trust is the foundation of any successful beach volleyball team. Players rely on each other's skills and reliability to execute game-winning plays. Similarly, as commercial in-house counsel, building trust with clients and colleagues gets deals done. There’s no quicker way to lose that trust than not being a person of your word. If you say you’re going to turn it by a certain date, turn it. If you can’t, as soon as you figure out that something got in the way, tell your business person so they can manage expectations on the other side as well as internally with other cross-functional stakeholders.? Part of building trust is also owning your mistakes and not unduly dwelling on your or others' mistakes in a deal. Talk about it, learn from it and move on.

4. Perseverance Pays Off:

• I ate a lot of sand this weekend and that is ok! I knew that by choosing to engage in a sport that I had not played since high school, the learning curve and the physical effort level was going to be steep.? However, the important thing is not to focus on where you are going to go wrong, but that you have the stamina to stay in it to keep learning and eventually get it right.? Commercial in-house counsel often encounter challenges and setbacks, whether from external partners or combative external parties.? You develop resilience and determination by being willing to stand in the face of those challenges and keep going. Someone doesn’t like your limitation of liability and redlines it to kingdom come? Ok. Deep breath- and redline back with explanatory comments. Be the redlines you wish to see in the world.?

Conclusion:

As I reflect on my weekend of beach volleyball, I'm struck by the undeniable parallels between the sand court and the world of deals. Whether it's teamwork, adaptability, communication, trust, or perseverance, the lessons learned from playing beach volleyball can serve as valuable insights for commercial in-house counsel seeking to build resilience in what is inherently a role where you will face significant conflicts. So, the next time you're on the sand court or in a high-stakes negotiation, remember the lessons learned—they just might be the secret to your success as a commercial in-house counsel.