7 Unwritten Rules for the Best Outside Counsel Relationships

Written rules define the protocols of engagement. Unwritten rules define the relationship. These rules reveal themselves through actions and behaviors. It’s virtually impossible to build client relationships without understanding and embracing the unwritten rules.

But the rules constantly evolve as clients gain more experience managing outside counsel — and adapt to their changing world. We asked more than 350 corporate counsel in our new survey to share the current set of unwritten rules defining the best outside counsel relationships. 7 emerge as the most influential. We discuss each below:

Decode the Legalese for My Boss

The emails corporate counsel can forward to their boss without any edits or explanations are among the best. They save time and make your client look good. They enable their nonlawyer, nonlegal boss to understand the issue at hand.

This is especially true in Labor/Employment, Complex Litigation, Regulatory and contentious IP Litigation.

BTI research shows corporate counsel are receiving more questions and queries from top management than ever before — giving these forwardable emails heightened gravitas.

Navigate and Triage

Corporate counsel face a firestorm of legal issues. They value the outside counsel who puts on a fireproof suit and helps tamp down the fire. Clients say top counsel use their objective and experienced viewpoint to help define the best path forward — this includes a combination of risk assessment, meeting business goals, and balancing workload.

Budget Whisperer

Budget performance is routinely reported outside the legal department. And often reported to people who question corporate counsel budgeting skills. These clients need to know where matters stand — not necessarily to the dollar — but to know if they are on track.

The best counsel brings working knowledge about where things stand. They make sure clients know before problems arise. They know their client’s career may depend on managing it.

Peerism

Corporate counsel point out their lead partners are highly successful. They are admired. They may have reasons for big egos. But it never shows. These outside counsel are always open to ideas, questions, and creative tension. And, they skip the pretense. Outside counsel are peers.

Radar for Red Flags

Outside counsel see a lot. They have systems set up to alert them to the latest issues and thinking, they get ideas from their partners and make sure they funnel them to the client. They use this knowledge to help corporate counsel avoid both common pitfalls and the inevitable, unexpected trap.

We’ve Got This Attitude

In-house lawyers juggle a million things. Outside counsel who exude confidence and take ownership — without needing constant hand-holding — are foundational.

Trust Action

This is a combination of behavior, dependability, strategy, and empathy. In house counsel count on their outside counsel to always be there. Corporate counsel describe top outside counsel as amazingly dependable and able to answer questions before being asked. Looking ahead is part of who they are. Once a client experiences this level of trust with outside counsel — they become THE go-to source.

These actions and behaviors are far from unattainable. They have no technological component. Any attorney who wants to learn these skills and behaviors can. They are proven to increase billable hours and inbound referrals for new business.

Start Small to Go Big

But — social science proves changing behaviors is one of the hardest things to do. So — start by adopting one, or a couple of behaviors. Track budgets close. Look ahead. Look around and talk to your peers to learn. Then share what you may have learned, combined with your own experience.

And never stop adding behaviors. Top rainmakers are always learning — and adding. There is no time like the present.