Leaders Speak - Breaking all In-House Myths

LISA LANG – My first guest in my very first initiative to get all the in-house myths broken and speak about in-house world and discuss A-Z of the life of an in-house counsel. I could not be more honored to have Lisa talk all things in-house with me.

Lisa Lang is the General Counsel, Kentucky State University. She is a well-known Strategic Partner, Creator of the DO THIS, NOT THAT, In-house Lawyer Edition and is an experienced lawyer committed to paying it forward.

Lisa K. Lang currently serves as the General Counsel for Kentucky State University, a role she has had for three years. Lisa first began her career as a lawyer working as an associate attorney specializing in insurance defense for a law firm in Louisville, Kentucky. She left that firm in 2008 to work for the Commonwealth of Kentucky. She first worked in the Office of the Attorney General as an Assistant Attorney General and then for the Kentucky Department of Education in a variety of in-house counsel roles until taking her current position at Kentucky State.

1. Thanks for speaking with me today, Lisa. My first question would be to know what made you decide to join as an in-house counsel, after being in private practice for almost a decade?

I was not sure where I wanted to go or what I wanted to do when I first left private practice. I worked first as an Assistant Attorney General doing the same work I did in private practice, but I represented state agencies instead of businesses. While I handled cases from various state agencies as an Assistant Attorney General, I handled more cases involving the Kentucky Department of Education (KDE) than any other state agency. After representing KDE for a few years, KDE told me that it had decided that it no longer wanted an Assistant Attorney General handling its cases. Instead, KDE wanted all of its cases handled by an in-house attorney. KDE created a new Assistant General Counsel position and KDE invited me to apply for that position. After some thought, I accepted the invitation and applied for the position. The role of in-house counsel appealed to me because I knew that the in-house counsel role would give me a greater opportunity to help KDE prevail in these matters when KDE could not resolve these disputes without litigation.

As a litigator, you have to deal with the facts as your client gives them to you when defending your client from suit. As an in-house counsel, you have a unique opportunity to help shape the facts that may eventually serve as the basis of the lawsuit. As an in-house counsel, you have a greater ability to influence your client’s decision-making process. When you have the power to influence the decision-making process, you have a greater ability to shape and develop the facts that eventually form the basis of the lawsuit.

After assuming the role of joint role of litigator and Assistant General Counsel, I was able to help KDE significantly reduce its litigation by 75%. When you have the opportunity to defend your employer, you gain insight into what types of problems exist within your employer’s organization that cause claims to arise. With this knowledge, you can help your employer as an in-house counsel address and eliminate these issues before a dispute even arises.

Ultimately, if your employer wants to be successful it is in that employer’s best interest to collaborate with the in-house counsel to find the best solution for the employer.

2. What is the best thing about being an in-house counsel, that you would not trade anything else for?

There are many reasons why I enjoy being an in-house counsel, but I think there are two reasons that stand out for me. First, I enjoy having the opportunity to be included in the decision-making process. When I am included in that process, I am more than just a legal advisor. I am a strategic business partner.

I enjoy being closer to my employer’s ultimate clients (for me, my students). I love having a greater connection to employer’s mission and I appreciate the opportunity to participate in graduations and other ceremonies. You have a greater opportunity for engagement and you are closer to the fun aspects of the business.

3. According to you, is there a right time to enter or switch to an in-house role?

No, there is no right time. While there is nothing wrong with planning, sometimes it is better to be open to opportunities that come your way. I wanted to be in-house much sooner than I did, but it took more time than I thought it would. When the opportunity came along, I decided to make the switch.

If you want to work in-house, here are some things you can do to make it happen –

· In the US, many lawyers who work for a law firm make the transition to in-house after representing that company for several years;

· some lawyers start working for the company in another department;

· while other lawyers establish themselves as industry leaders and are pursued by the companies.

Diversity in experience is very crucial.

4. Have you noticed any difference in competencies in law firm associates and their counterparts in in-house roles?

I do not see a difference in the level of competence in a law firm associate versus an in-house counsel. The skill set needed for a successful law firm associate is just different from the skill set needed for a successful in-house counsel. An in-house role does not mean the attorney who fills it lacks in competency nor should you view it as a step-down. Different environments require different skill sets. It’s like comparing apples and oranges! These are essentially two different lawyers with completely different strengths.

It is important to understand your role. When you work for a firm, you are providing legal counsel and advice and you generally expect that your client will follow your advice. However, as in in-house counsel, you need to do more than provide just legal advice. You need to collaborate with leaders of your organization to arrive at solution that will provide a viable outcome.

5. Any words of wisdom to our readers looking to enter the world of in-house?

· I would recommend that you work to gain a broad range of experiences, especially in your formative days as a lawyer or law student. It can be difficult to know what area you may want to practice without having that broad range of experiences.

· If you want to try for an in-house position, you will want to try to use your prior experience to show that these experiences have prepared you for the job you are seeking. In the interview, show the interviewer what you have learnt and how it will help you be successful in the role for which you seek.

· Do not concentrate so much on developing your legal expertise that you neglect developing industry expertise. As an in-house counsel, you need to know not only the law, but you will need to have some expertise about the business of your employer. Get on the job training when you can and develop your own expertise.

· Remember that everything you do will help you achieve a goal; every goal you achieve will help you get that much closer to achieving the next milestone.

· Do not put all of your eggs in one basket. Go with the flow, but make conscious decisions. Do not place too much pressure on yourself to be like anyone else. Remember t

hat your journey is your own. It is good to plan, but be prepare to be flexible. Set a goal, achieve that goal, and then reassess where you are at and think about where you want to go next. Wait for the right opportunity to knock on your door!

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