New England Biz Law Update
[Editor’s note: This is the first segment of a six-part series – Succeeding In-House – by Christopher Mirabile, general counsel at IONA Technologies in Waltham, Mass., in which he will explain why basic legal skills are not enough for long-term success as an in-house attorney.]
Did you ever have a great piece of advice greeted with hostility? Or feel like you are often the last to find out about every project? Do you feel misunderstood from time to time?
Advancing your in-house career takes more than just traditional legal skills. It takes a different mindset, and the deliberate fusing of those legal skills with business awareness for a blended approach to in-house service.
In this multi-part feature, we go beyond the typical kinds of career advice to explore the harder-to-define skills that are essential in transforming an in-house lawyer from a duckling to a swan.
In this column and over the next few issues of In-House, I will explore the following areas: Part One: Organizational intelligence; Part Two: Context awareness; Part Three: Communication; Part Four: Smart in-house practice; Part Five: Dealing with opposing counsel; and Part Six: Dealing with outside counsel.
In this article, I discuss organizational intelligence below.
Organizational Intelligence
Organizational intelligence is understanding what it takes to fit in and make yourself effective in your particular organization. Organizations are made up of people. Your relationships and personal style will determine your overall effectiveness. Building strong relationships and managing those relationships appropriately over time are the keys to lasting success.
Get out of your chair. Get up and go speak to people in your organization. They will generally be impressed by your initiative, pleased by your presence and comforted by your accessibility.
To be of value to the business, people have to consult you. To consult you, people need to know you, be comfortable with you and trust you. That kind of comfort and trust is not bred by sitting in your office and shooting out e-mail missives. It is bred by getting up and walking around.
Take an interest in people. Take the time to get to know the people you work with. You don’t need to spend hours at the water cooler or pin people down in their offices demanding a full life-story. You just need to be alert to cues, ask questions, be a good listener and take an interest.
Take a minute or two during routine interactions to find out what is going on in peoples’ lives. Then follow it up next time you meet. Not only will some “back story” make work a little more interesting, but it will help you build the web of relationships on which success is based and allow you to bank a little goodwill for use in more challenging situations.
Be extremely accessible. Make it a habit to be reachable. Communicate how and where to get hold of you. People will generally respect your boundaries and off-duty time. If someone abuses your accessibility, there are ways to deal with that by directly addressing the issue with the problem client.
You’ll find people usually just have a quick question, which, if addressed in a timely fashion, allows them to continue being productive, and you may be the stitch in time that saves nine. Use your mobile phone and Blackberry. Tell someone where you are going if you leave your office (even if just to a meeting).
Forward your desk phone to your mobile if you are going to be out during the middle of the day. You can always switch off the ringer on the mobile, decide an interruption is not important enough to take, or push back and stick up for your personal time. But if you are “missing in action” while people back at the office are frantic to find you or a document locked in your office, or to re-task you onto an emergency, they are going to be justifiably angry they can’t find you. And you’ll do yourself damage in the process.
Earn one cheerleader at a time. Everybody in an organization screws up from time to time. Recognize when to lecture and when to make a diving catch instead of lecturing. Sometimes you need to bite your tongue, bail somebody out, and save the speech for another time.
Showing people that you are willing to make a save for them will earn their lasting loyalty. Everybody deserves a bailout every once in a while, but just don’t let it become a habit (see below.) The loyalty and reputation you’ll earn for being a team player will come in handy when it is necessary to be a little tougher.
Don’t be afraid to throw a “brush-back pitch” from time to time. Every once in a while, you have to call someone on their behavior. Just like a baseball pitcher occasionally has to throw a pitch close to a batter who crowds the plate, sometimes you have to push back a little. The key is to do it when necessary and to do it in a professional, non-emotional way.
Rather than backing down from the confrontation, be ready with the push-back and be prepared to push back hard if necessary. For example, if someone sends you a sloppy, poorly conceived mess to work on, and it is the first time, patiently teach them how to do better, explaining that you are not a mind-reader and showing them that you cannot help them if they don’t give you more to work with.
If they do it a second time, be more direct – send them back for a do-over (i.e., politely refuse to work on it until it is in a reasonably workable form). If they do it again, forward it directly to their manager, and tell their manager this is the third time and that you expect the manager to make sure it never happens again. It generally won’t.
Sometimes you have to be a little tough and direct so that people understand what you require and to show people that you won’t be pushed around. People give you the respect you demand and they appreciate knowing the ground rules.
Don’t be afraid to call people on misrepresentations or inaccuracies about what you said or did. If someone is misconstruing an earlier conversation, you have to fix it. It is your duty to make sure your legal advice is not misconstrued. Try to do it politely and in a non-confrontational manner if possible, but with serious infractions or repeat offenders, find a way to make sure the behavior doesn’t pay.
Take their knees out from under them, right in front of a group if necessary. Do it with a kind smile and don’t look defensive or emotional, but make sure you teach them a lesson they won’t soon forget. If you allow intermediaries to twist what you say or pull you into their agendas, you risk losing credibility in multiple dimensions.
Don’t accept hit-and-run assignments. If someone wants your help, it is reasonable ask them to take the time to explain the problem, outline what they are looking for, and guide you about how urgent it is. As they are assigning, ask qualifying questions and get the facts you need (deliberate listening is covered in a future installment). Otherwise you are on the slippery slope to disappointment and unmet expectations.
If it is a deal, why don’t they have at least a rough term sheet you can see? Perhaps it’s because they haven’t thought it through yet. A client who hasn’t thought through why they want your help is a dangerous client. Help them do that before you take the assignment. Otherwise, their failure has your name on it.
In sports these hand-offs are sometimes referred to as “hospital passes” – they give you the ball only when impending disaster forces them to give it up. Don’t catch hospital passes.
Train people to get you involved early. The earlier you get involved, the greater the impact you can have and the more efficient a project can be. Once clients figure this out, it takes care of itself. Until they do, you have to be good at spotting issues and diplomatically involving yourself (spotting issues is covered in a future installment).
If you don’t get involved in time, pointing out that it could have worked out differently is worthwhile as long as you don’t come across as an “I told you so.” Attending routine meetings such as forecast reviews or product planning sessions can be a way to get involved earlier. Speaking to managers and instilling legal review into the key processes they maintain can be another way to get in early.
When introducing yourself into other people’s meetings and processes, make sure you don’t get underfoot – be a positive influence and an efficient team player. However you do it, make getting involved on the ground floor a priority, and you will increase your effectiveness and save time for everyone.
Take ownership for lawyers who are junior to you. You do not have to be the head of the legal department to show some leadership. If you work with junior lawyers, coach them, help supervise them, keep them from making mistakes, give them credit for what they do, and keep them out of the GC’s hair by answering questions that don’t need to go to the GC. You will enhance your group’s effectiveness and you will enhance your standing in the process.
Delegate instantly. Being part of an organization often involves getting things done through others. This often requires delegation. Good delegators don’t wait to delegate until they think they have the problem fully analyzed. Good delegators are not procrastinators.
You should try to delegate as soon as you identify a task that should be delegated. It allows you to use the delegate to help you analyze the task (they might surprise you), it gives them the maximum time to do the task, and it avoids developing a reputation for manufacturing crises by delegating at the last minute. If you wait, it’s too late!
With a little effort you can raise your organizational IQ and dramatically improve your impact and effectiveness. Next up: Context Awareness and how it can raise your game by helping to keep you focused on what is most important.
Get out of your chair. Get up and go speak to people in your organization. They will generally be impressed by your initiative, pleased by your presence and comforted by your accessibility.
To be of value to the business, people have to consult you. To consult you, people need to know you, be comfortable with you and trust you. That kind of comfort and trust is not bred by sitting in your office and shooting out e-mail missives. It is bred by getting up and walking around.
Take an interest in people. Take the time to get to know the people you work with. You don’t need to spend hours at the water cooler or pin people down in their offices demanding a full life-story. You just need to be alert to cues, ask questions, be a good listener and take an interest.
Take a minute or two during routine interactions to find out what is going on in peoples’ lives. Then follow it up next time you meet. Not only will some “back story” make work a little more interesting, but it will help you build the web of relationships on which success is based and allow you to bank a little goodwill for use in more challenging situations.
Be extremely accessible. Make it a habit to be reachable. Communicate how and where to get hold of you. People will generally respect your boundaries and off-duty time. If someone abuses your accessibility, there are ways to deal with that by directly addressing the issue with the problem client.
You’ll find people usually just have a quick question, which, if addressed in a timely fashion, allows them to continue being productive, and you may be the stitch in time that saves nine. Use your mobile phone and Blackberry. Tell someone where you are going if you leave your office (even if just to a meeting).
Forward your desk phone to your mobile if you are going to be out during the middle of the day. You can always switch off the ringer on the mobile, decide an interruption is not important enough to take, or push back and stick up for your personal time. But if you are “missing in action” while people back at the office are frantic to find you or a document locked in your office, or to re-task you onto an emergency, they are going to be justifiably angry they can’t find you. And you’ll do yourself damage in the process.
Earn one cheerleader at a time. Everybody in an organization screws up from time to time. Recognize when to lecture and when to make a diving catch instead of lecturing. Sometimes you need to bite your tongue, bail somebody out, and save the speech for another time.
Showing people that you are willing to make a save for them will earn their lasting loyalty. Everybody deserves a bailout every once in a while, but just don’t let it become a habit (see below.) The loyalty and reputation you’ll earn for being a team player will come in handy when it is necessary to be a little tougher.
Don’t be afraid to throw a “brush-back pitch” from time to time. Every once in a while, you have to call someone on their behavior. Just like a baseball pitcher occasionally has to throw a pitch close to a batter who crowds the plate, sometimes you have to push back a little. The key is to do it when necessary and to do it in a professional, non-emotional way.
Rather than backing down from the confrontation, be ready with the push-back and be prepared to push back hard if necessary. For example, if someone sends you a sloppy, poorly conceived mess to work on, and it is the first time, patiently teach them how to do better, explaining that you are not a mind-reader and showing them that you cannot help them if they don’t give you more to work with.
If they do it a second time, be more direct – send them back for a do-over (i.e., politely refuse to work on it until it is in a reasonably workable form). If they do it again, forward it directly to their manager, and tell their manager this is the third time and that you expect the manager to make sure it never happens again. It generally won’t.
Sometimes you have to be a little tough and direct so that people understand what you require and to show people that you won’t be pushed around. People give you the respect you demand and they appreciate knowing the ground rules.
Don’t be afraid to call people on misrepresentations or inaccuracies about what you said or did. If someone is misconstruing an earlier conversation, you have to fix it. It is your duty to make sure your legal advice is not misconstrued. Try to do it politely and in a non-confrontational manner if possible, but with serious infractions or repeat offenders, find a way to make sure the behavior doesn’t pay.
Take their knees out from under them, right in front of a group if necessary. Do it with a kind smile and don’t look defensive or emotional, but make sure you teach them a lesson they won’t soon forget. If you allow intermediaries to twist what you say or pull you into their agendas, you risk losing credibility in multiple dimensions.
Don’t accept hit-and-run assignments. If someone wants your help, it is reasonable ask them to take the time to explain the problem, outline what they are looking for, and guide you about how urgent it is. As they are assigning, ask qualifying questions and get the facts you need (deliberate listening is covered in a future installment). Otherwise you are on the slippery slope to disappointment and unmet expectations.
If it is a deal, why don’t they have at least a rough term sheet you can see? Perhaps it’s because they haven’t thought it through yet. A client who hasn’t thought through why they want your help is a dangerous client. Help them do that before you take the assignment. Otherwise, their failure has your name on it.
In sports these hand-offs are sometimes referred to as “hospital passes” – they give you the ball only when impending disaster forces them to give it up. Don’t catch hospital passes.
Train people to get you involved early. The earlier you get involved, the greater the impact you can have and the more efficient a project can be. Once clients figure this out, it takes care of itself. Until they do, you have to be good at spotting issues and diplomatically involving yourself (spotting issues is covered in a future installment).
If you don’t get involved in time, pointing out that it could have worked out differently is worthwhile as long as you don’t come across as an “I told you so.” Attending routine meetings such as forecast reviews or product planning sessions can be a way to get involved earlier. Speaking to managers and instilling legal review into the key processes they maintain can be another way to get in early.
When introducing yourself into other people’s meetings and processes, make sure you don’t get underfoot – be a positive influence and an efficient team player. However you do it, make getting involved on the ground floor a priority, and you will increase your effectiveness and save time for everyone.
Take ownership for lawyers who are junior to you. You do not have to be the head of the legal department to show some leadership. If you work with junior lawyers, coach them, help supervise them, keep them from making mistakes, give them credit for what they do, and keep them out of the GC’s hair by answering questions that don’t need to go to the GC. You will enhance your group’s effectiveness and you will enhance your standing in the process.
Delegate instantly. Being part of an organization often involves getting things done through others. This often requires delegation. Good delegators don’t wait to delegate until they think they have the problem fully analyzed. Good delegators are not procrastinators.
You should try to delegate as soon as you identify a task that should be delegated. It allows you to use the delegate to help you analyze the task (they might surprise you), it gives them the maximum time to do the task, and it avoids developing a reputation for manufacturing crises by delegating at the last minute. If you wait, it’s too late!
With a little effort you can raise your organizational IQ and dramatically improve your impact and effectiveness. Next up: Context Awareness and how it can raise your game by helping to keep you focused on what is most important.
Christopher Mirabile is chief financial officer and general counsel at IONA Technologies, an integration software company based in Waltham, Mass. Christopher was previously with the business group at Testa, Hurwitz & Thibeault, LLP of Boston, where he represented both private and publicly-held companies with a focus on corporate and securities law, public and private securities offerings, and mergers & acquisitions, and prior to that was a member of the Strategic Consulting Group at Price Waterhouse. He is a member of the board of directors of the Northeast Chapter of the Association of Corporate Counsel.
