Everyone likes to know the answer to questions that come their way at work, none more so than in-house lawyers. Lawyers take special pride in being able to respond to practically any question, on any topic, at any time. They can do this because they are, typically, very smart, well-read, and at ease with murky situations. However, occasionally, and usually at the worst possible moment, someone in the business will ask an in-house lawyer a question and they will have no idea how to answer it. This happened to me on more than one occasion and it was incredibly frustrating for me and whoever was asking the question – usually the CEO or a board member. Why were they frustrated? Well, because like most people on the business side they believe two things that make your job as in-house counsel even harder: 1) all lawyers know everything about all areas of the law regardless of their background or specialty, and 2) that there is a “Big Book of Law” we keep on a shelf that has all the answers to every legal question and all we lawyers have to do is take it down and find the right page. Yeah, right…. So, what do you do when you get a question you don’t know the answer to (especially when they are looking right at you across the table)? This edition of “Ten Things” set out some strategies to help you navigate this tricky situation:
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Ten Things: Essential Issues for In-House Counsel (2024 Edition)
Hello again everyone and welcome to 2024! If you are a long-time reader of the blog, you know that I start the new year with a list of issues I believe in-house lawyers should pay attention to over the coming 12 months. I started doing this when I first became a general counsel way back when and something I kept doing throughout my in-house career. I still do it now as CEO of the Hilgers Graben law firm. To sum it up, I spend time thinking about developments, trends, and issues that may have a material impact on the legal department/business over the course of the new year. How did/do I do this? Here are the basics:
- It starts with simply gathering information. As general counsel, that meant (over the last few months of the year) speaking with other in-house lawyers and outside counsel, reading newspapers, blogs, industry reports, attending conferences, sitting in on meetings within the business, asking business leaders at the company, asking my team what they were seeing, and just generally paying attention to what was going on around me. Information is gold to in-house lawyers, the currency of the realm. Be greedy and gather up as much as you can.
- Once I spotted a potential issue, I looked at it from multiple angles and asked this question: How might this affect the company and the legal department? Answering this question meant I had to understand the company’s goals and strategy so I could spot and manage risks and I had to be a strategic thinker, looking beyond just the legal issues that might be at stake. One thing that has helped me over the years in terms of looking at issues from multiple angles is the “Phoenix Questions” (discussed in more detail below).
- From there, I made a list of the most critical issues I spotted and worked them into the goals and activities of the legal department for the upcoming year. To assist me with this process, I created multiple checklists to help quickly analyze the potential risks and strategic implications of the items on my list. Here is a version of one checklist, and it’s a helpful filter when you look at things coming across your desk day in and day out:
- Is this something that can create or destroy value for the company?
- How does this fit into my company’s strategic goals?
- What is the quantitative/qualitative impact of this?
- Could this be a game-changer and how so?
- Is this something a regulator might care about or lead to litigation?
- Who is impacted by this – company, competitors, vendors, customers – and how so?
- What happens if I apply game theory to this?
- Who needs to know about this in the department/company?
- How can we create a competitive advantage from this?
- Have others had problems or success with this before and what are the lessons already learned?
How you answer these questions tells you a lot about the issue you are analyzing and whether it matters or not. You do not need a checklist, but it’s a tool that can help you quickly sort through a lot of information. You could also use an Eisenhower Matrix (2×2) to plot issues, focusing on the ones you put in the upper right quadrant (and understand that you may move items around over the course of the year). Regardless of what you use, It’s really all about finding a consistent framework to use to consider and think about whatever is in front of you. So, there you go. Enough theory, it’s time to get on with another year of Ten Things You Need to Know as In-House Counsel and my list of critical issues in-house lawyers should pay attention to and plan against for 2024:
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Ten Things: Best Blogs (and Other Media) for In-House Lawyers (2023 Edition)
Hello everyone and season’s greetings from the penthouse of the “Ten Things” world headquarters in Dallas, Texas![1] I will start this post by wishing everyone a fantastic holiday season and all the best for 2024. As most of you know, 2024 is year 10 of the “Ten Things” blog and it is also the year the long-awaited(?) productivity book comes out. I am in the final stages of submitting everything to the ABA. More news on that as things progress. And if you are looking for some fun in January, please join me and a host of others who will be presenting at Laura Frederick’s (of How to Contract fame) ContractsCon 2024! I will be there discussing indemnity clauses but the agenda is jam-packed with far worthier speakers and topics. So, I hope to see you in person in Las Vegas in January!
But, on with the business at hand. Like every year, I end 2023 with a blog featuring all the other people you should be reading (or listening to) as part of your day-to-day in-house life. For me, the hard part is choosing just a few to highlight. There are so many great content generators out there fighting for your (and my) attention. Unfortunately, I cannot list everyone (and I rarely repeat listing anyone I have listed in the past, i.e., I just assume you know they are still worth your time – they are!). [2] And, if you are interested in past winners, you can start by reading last year’s edition of “Best Blogs (and Other Media) for In-House Lawyers.” Instead, I try to list some new voices for you to check out. And, same as always, there is no particular order to my list (literally I am just typing as I find things in my Post-it notes, faulty memory, and Google Keep folders). Okay, where was I…? Right, enough yakking, let’s get on with the 2023 edition of Best Blogs and Other Media for In-House Counsel!
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Ten Things: ChatGPT and Generative AI (What In-House Counsel Need to Know)
Hello again everyone. I suspect a number of you out there have been wondering when I was going to get around to today’s topic. Hell, even I was wondering about it. Back in January, I identified ChatGPT as one of my top ten things for in-house lawyers to pay attention to in 2023, but I must admit that I am shocked at how quickly it has overwhelmed the debate about legal tech. To be honest, I was hoping for a moment when the pace of “new” ChatGPT information would slow down. It hasn’t. And likely won’t. But I think it’s important enough of a topic to at least try to take a snapshot of where things stand today for in-house lawyers when it comes to ChatGPT (or more generically, generative AI). Back when I was general counsel, I would have grabbed a few folks on my team and said, “Let’s jump into a conference room and whiteboard ten things we need to know about ChatGPT.”[1] As I have been thinking about and using ChatGPT, I realize we may need two whiteboards – there is a lot to cover! What I have done is read a lot about it and I have tried it out a number of times with many different asks. All to put myself back in the chair of an in-house lawyer and cut through the clutter to make sense of just what this tool is and what can it do to help me and the legal department. So, get your dry markers out, grab a big mug of coffee, and join me in the conference room as this edition of “Ten Things” tries to set out what in-house lawyers need to know about ChatGPT (and be sure to click through the links and check the footnotes for – a lot of – extra information):
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Ten Things: “Cool Tech” for In-House Counsel (2022 Edition)
Well, it’s August and that means lots of things. If you live in Texas, it means you are seriously regretting your decision to move here because it is just stupid hot and humid. Apparently, housing lots in Hell are sold out as Texans look to move someplace cooler. August also means it is time for my annual “Cool Tech” blog – one of my favorites. Somehow, this is the eighth year in a row where I will share technology and tech-related ideas that can make life easier (or a smidge better) for in-house counsel. If you want to check out past editions of my “Cool Tech” blog, here you go:
There is a lot of great technology discussed in these past editions and they are worth reading to find a gem or two that works best for you.
You probably know that I am a bit of a technology geek. Not that I have any special powers (I am as afraid of screwing something up as you are), but rather because I wholeheartedly believe that technology can make an in-house lawyer’s job easier, improve the capabilities of the legal department, and help show the value generated by the legal team. In my “Cool Tech” posts, I generally try to discuss technology that is free (or very low cost) and adds immediate value. While I think e-billing systems, matter management systems, document management systems, electronic signatures, and so forth, are table stakes for legal departments today, that is not my focus here. If you do want to read about this type of big tech (and all in-house lawyers should), I suggest you check out this really cool fairly new site, LawNext. LawNext is a comprehensive directory of legal technology products and buyer’s resources.[1] I also recommend the CCBJ 2022 Directory of Leading Legal Technology and Project Management Solutions available here. But, with one exception, we’ll stay small and focused, i.e., technology you can buy and start using today, much of which is free. As always, I received nothing for recommending this technology to you. I just think in-house lawyers will find the technology useful. But, enough yapping, let’s get to the fun stuff. Here is my Cool Tech for In-House Lawyers 2022 Edition:
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Ten Things: An Index to All the Posts (November 2014 – February 2022)
Howdy, everyone! Greetings again from Texas. It’s been a while since I last did an index to all of the posts in the “Ten Things” blog. Since the last one (July 2020), we’ve added over 1,300 new subscribers and we are now over 5,400! And we are well into year eight of the blog. All of which just absolutely, positively blows my mind. A huge “thank you” to all the loyal readers out there, especially to those who pass along the blogs to friends, colleagues, and on LinkedIn. That said, I know it can be a pain in the ass to wade through all of the blogs and try to find what you’re looking for. So, for all of you new kids and for you crusty veterans, this index post is long overdue. I may get around to putting an index on the site, but if you saw my desk, you’d realize just how much of a pipe dream that is. I do have a new blog ready to go, but have decided to publish it next month and we’ll put the “act” back into “practical” (man, that sounded way better in my head).
This edition of “Ten Things” sets out – in chronological order – all of the “Ten Things You Need to Know as In-House Counsel” blogs, from the November 2014 introduction to last month’s post on building your executive presence in-house. It was fun for me to look back through these. I found a few surprises that made me go “when did I write that?” and “why do I have so much free time?” The first ones are a little rough, but I got better – I think. You be the judge:
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Ten Things: Best Blogs (And Other Media) for In-House Counsel (2021 Edition)
Well, here we are at the end of another year. I hope all of you are having a wonderful holiday season. As usual, I like to take a few minutes every December to reflect back on the year and take stock of where we are with the “Ten Things” blog. It’s been a busy year for me, but I have enjoyed every minute of it. I have published my fifth book, Showing the Value of the Legal Department: More Than Just a Cost Center, I have been a guest on several podcasts (thanks!), I have put on a large number of presentations (live and via webinar), and – of course, I keep cranking out the blog. Somehow, we’ve already started “Ten Things” year number eight! As my mom often asks, “How the hell did that happen?” And I am excited for 2022, with plenty of things to write about for at least one more year. That said, I always love getting (and writing about) suggestions from you, so feel free to send them my way.
As usual, we will end the year with what traditionally has been a post about the ten best legal blogs for in-house counsel. I enjoy finding and reading the work of great writers, especially the up-and-coming “next gen.”[1] They have a lot to say and it’s worth reading! Like last year, I am going to shake things up a bit and add non-traditional bloggers, i.e., podcasts and LinkedIn writers to my list. I am also going to (finally) list my “Top Ten All-Time Hall of Fame Legal Blogs,” just to give some love to blogs I am still reading after many years.[2] Sometimes you just have to reward the wonderfulness of sticking around (right, Boomer?)! So, with no further ado, this edition of “Ten Things” sets out my 2021 list of best blogs (and other media) for in-house counsel:
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Ten Things: Essential Issues for In-House Counsel (2021 Edition)
Welcome back, everyone! I hope your holidays were joyful and restful (and COVID-free). I was able to make a bit of a dent in the next book, so the ABA goons are leaving me alone… for now. I did have some time to squeeze in the first “Ten Things” blog of 2021. As usual, and like I did when I was general counsel, I like to start the year by sitting back and just thinking about all the crazy shit going on out there in the world and how it might impact my company and the legal team. When I was in-house, I would use this exercise to help me plan out the year, set goals, and – most importantly – set some tripwires for starting to measure and balance risks to the organization. So, I have been reading a lot, talking with in-house lawyers, and generally trying to figure out what’s hot and what’s not. No surprise but it looks like a lot of last year’s list is still pretty relevant (click here to read the 2020 list). But, there are definitely some new players on the field. And, the idea here isn’t to figure out every possible thing that can cause problems or provide opportunity – that’s impossible (See COVID-19 for more details). Rather, it is about doing your best to find a lens to help you anticipate the problems you can anticipate so that the issues that inevitably come out of nowhere are easier to deal with or do not hurt as much. In other words, looking ahead to maximize value creation and minimize value destruction. Also, you should know that my New Year’s resolution for 2021 is to be a bit more pithy with the blog. We’ll see how long that lasts (maybe not even to the end of this one). Anyway, let’s start the car and hit the road! This edition of “Ten Things” takes a look at my predictions of the essential issues for in-house lawyers in 2021:
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Ten Things: An Index to All the Posts (November 2014 to June 2020)
Greetings from hot, humid Dallas, Texas where I am “sweltering in place” as the COVID-19 pandemic continues to wear out its welcome. It’s so hot and icky here that apparently Satan – on a vacation visit – said, “Screw it, I’m heading back to Hell where it’s cooler!” Those may not actually be his exact words, but you get the point.
For those of you who have been along for the ride since late 2014, you know that we are coming up on six-years of “Ten Things.” Along with longevity, we’ve picked up almost 4,200 subscriber “followers” along with hundreds more who get the blog directly through other means. Many of the posts have been republished in legal newsletters, magazines, law school classroom materials, seminar materials, and other forums. As I’ve said many times in the past, that all just absolutely, positively blows my mind. A huge “thank you” to all the loyal readers out there, especially to those who pass along the blogs to friends, colleagues, and on LinkedIn!
As I was working on some new blog posts this past week, I realized that I have not posted an index to all the posts in over three-years. That’s a long time (and I am first to recognize that it can be clunky to try to work your way to past blogs that might be relevant to what you’re looking for – I guess you get what you pay for with a free WordPress site…). So, I decided to put the new blogs off to the side for a bit (don’t worry, they’ll be posted soon enough), and put together an updated index to all the posts, going back to November 2014. I was a little shocked to see that we’re up to number 119! That’s a big pile of …, well, a big pile of something. Hopefully, of things you want to read.
Anyway, just in case you needed something more to read while you’re working remotely, or maybe you’re a new follower and had no idea there were so many posts, this edition of “Ten Things” sets out – in chronological order – all of the “Ten Things You Need to Know as In-House Counsel” blogs, from the November 2014 introduction to last month’s post on improving your 1:1 meetings. Have fun (and don’t laugh too much at the early ones – I got better!):
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Ten Things: Essential Issues for In-House Counsel (2020 Edition)
When I was a kid there was a Saturday morning cartoon show called Sealab 2020. I remember thinking that was a long, long way off and wondering how old I would be when 2020 rolled around – – and whether by then there would really be a giant lab on the bottom of the sea with 250 oceanauts fighting sea monsters and battling pollution. But, here we are; it’s 2020! I am officially old(ish) and, sadly, sea monsters go un-battled under the ocean (unless you count Wicked Tuna), but pollution on (and in) the high seas runs rampant. Triple bummer. What does this have to do with “Ten Things” you ask? Nothing other than a little nostalgia and the “2020” reference as this is my first post of the New Year. As usual, we’ll start the year with my list of essential issues for in-house lawyers to pay attention to over the coming months. When I was general counsel, I started every year thinking about the “big picture” and what risks (good or bad) might be coming down the pike that I needed to be aware of as an in-house lawyer. It’s not an easy task as there is so much “out there” that can have an impact on your company and legal department. Still, it’s better to try to anticipate some than to ignore all. So, once again, I have sat down, read a lot, and thought hard about different issues that will likely have some substantial impact – positive or negative – on in-house lawyers and for which a little bit of preparation or pro-active attention can make you a hero vs. someone caught flat-footed. With the usual caveat that I have no crystal ball showing me what’s important, here my “Ten Things” 2020 edition of essential issues for in-house counsel:
Ten Things You Need to Know as In-House Counsel® 