TRANSITIONING FROM LAW FIRM PRACTICE TO IN-HOUSE ROLES.
Uduak Jackson, ACIS
General Counsel| Company Secretary| Energy, Maritime & Construction| Legal and Regulatory Compliance| Cross Border Transactions
The most fascinating thing about being a lawyer is the versatility of the legal profession. As a lawyer you can do more than just work at a law firm. While starting at a law firm is often the recommended path due to the fundamental amount of experience it offers, embarking as in-house counsel for a company can also expose you to a variety of legal areas despite having only one client — the company. Both paths have their perks and drawbacks but choosing the right course will ultimately depend on your skills and lifestyle expectations.
A common perception, which I personally believe is a misperception, is that working as in-house counsel is a vacation compared to the grinds of law firm practice. However, the scope of work and responsibilities of in-house counsel cannot be understated, as these are very different from those of specialized or private legal practitioners. Another misperception is that the skills earned in law firm practice can be easily translated to suit an in-house position, but only a few of the skills of an in-house position can be successfully translated to fill the shoes of a practicing attorney in a law firm. While the law firm experience is very valuable, it does not necessarily prepare you for a position in-house. This article briefly provides a non-exclusive list of the pros and cons of in-house positions versus law firm positions, which based on my personal experience, better illustrates the principal differences among both paths.?
1.????? The In-house Counsel has “One Client”
The in-house counsel has only one client, the corporation, which means that the usual law firm concerns, such as business development and client conflict checks, are not issues in the in-house position. While this may sound like an easy theory, it is not always so clear-cut in practice. As a lawyer representing an organization, the client is the organization itself, acting through its highest authorized officer, employee, or constituent overseeing the particular engagement. However, the interests of corporate constituents and those of the organization may not always align, giving rise to conflicts. In all cases, in-house counsel owes a duty of loyalty to the organization as the client and must act in the best interests of the corporate entity. Consequently, in-house lawyers should avoid giving corporate constituents individual legal advice on personal matters and must make their role clear.
2.??? A Broader Scope of Responsibilities
Another big difference between working as in-house counsel and in a law firm is the broader scope of responsibilities a corporate legal department requires depending on the industry. An in-house legal position exposes you to wide variety of legal challenges, such as contracts, labor/employment, intellectual property, litigation, tax, corporate/securities, ethics, real estate, privacy matters, and many others depending on the Whereas the law firm is a training ground that assigns you to an area of expertise, an in-house position requires knowing the limits of your time and competency in an area of law and understanding the basis on which to rely on an external counsel and ultimately building good relationships with other lawyers. It is not true that in-house lawyers live in isolation.
3.??? The In-house Counsel Wears Two Hats: Legal Duties and Business Role
As opposed to the law firm environment, the in-house counsel must develop a strong working relationship with the corporate client that will allow that lawyer to provide not only legal advice, but also proffer business strategies to the client. Moreover, contrary to the opinion that career development is only offered in law firms, many in-house counsel have other business functions in addition to their legal duties, which range from heading a business unit within the company to serving as a Chief Legal Officer or Director, Corporate Services and heading other departments.
In conclusion, the first step toward kickstarting a positive trajectory as an in-house lawyer is to fully understand the company’s business, mission, its goals for the future, and how the legal department fits into the overall picture. The In-house legal department is considered a cost center, thus, it is important to demonstrate your value every day and manage costs carefully. Taking a more proactive approach on tasks, such as risk management, is another differentiating characteristic of the in-house position from the generally reactive legal work at a law firm. While there are many pros to in-house positions, such as a greater feeling of job security, flexible work schedule and no billable hours, it is by no means an escape route for all other law firm ills and woes.
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