All You Need To Know About An In-House Lawyer In The US
Have you ever wondered what an in-house lawyer is? If you’re interested in the legal field, you’re likely to have heard this term before! An in-house lawyer is a superhero who works as an attorney for a corporation, always ready to fight for their client’s interests. They are an integral part of the company, striving to advance its needs while upholding the highest ethical standards of the legal profession. But what does it take to become an in-house lawyer in the United States? In this article, we’ll reveal the secrets and show you the path to becoming an in-house lawyer – so get ready for an exciting journey into the world of corporate law!
What is an In-House Lawyer?
An in-house lawyer is an important employee who works as an attorney for a corporation. They primarily serve to advance the business needs of the company. As professional attorneys, they must adhere to the rules and regulations governing the practice of law.
In a typical corporate law department, attorneys are divided into two groups: senior counsel and staff attorneys. The General Counsel (GC) heads the law department and serves as the Chief Legal Officer of the company. The GC advises the Board of Directors and the corporation’s officers in all legal proceedings and reports directly to the Chief Executive Officer, making them an essential component of the management team.
Senior attorneys are responsible for supervising lower-level staff attorneys, advising the company in one particular field of law, or supporting the GC in coordination with outside counsel on litigation matters. Staff attorneys are assigned research-oriented tasks or asked to provide support for senior staff attorneys. Some law departments have eliminated these titles, referring to all attorneys as corporate lawyers, except for the General Counsel.
An in-house lawyer plays a crucial role in affecting all of a company’s decisions beyond just being a legal adviser. While the counsel’s primary focus is on the legal aspects of decision-making, knowledge of the company’s business strategy is also essential. This knowledge enables an in-house lawyer to effectively protect the company’s legal interests.
Duties of an In-House Lawyer?
The role of corporate counsel has evolved significantly in the past two decades. Previously, corporate attorneys were primarily responsible for liaising between their employers and external law firms. As a result, the position was not considered influential or powerful, and corporate attorneys were viewed as glorified middle managers with legal qualifications. However, with the rising cost of legal services, the responsibilities of an in-house lawyer have expanded significantly.
Nowadays, many organizations have legal departments that are comparable in size and expertise to external law firms. This means that a growing number of corporate matters are being handled by an in-house lawyer or lawyers. Small legal departments, comprising less than ten lawyers, may expose an in-house lawyer to a wide range of legal issues. On the other hand, larger departments typically have lawyers who specialize in a particular practice area within a specific practice group. For example, Sprint-Nextel has a legal department of 125 people specializing in areas such as communications and government affairs.
An in-house lawyer is involved in a broad range of corporate law practice areas, including but not limited to antitrust law, international trade, corporate securities, tax, real estate, government contracts, ethics, privacy, and intellectual property. They also provide advice and guidance on standard contracts and employment law issues. Furthermore, an in-house lawyer is a trusted advisor who may be involved in non-legal matters related to a company’s operations, depending on the relationships they build with corporate officers.
In-house lawyer plays a critical role in helping companies manage risks, especially when there is no guarantee of new business on the horizon. A recent worldwide survey conducted by The World Law Group (in collaboration with LexisNexis and Martindale-Hubbell) found that the four most significant issues on the minds of in-house lawyers are:
- Delivering services to meet demand is crucial, even in the face of constraints on resources. With a focus on resourcefulness and strategic allocation, we can ensure that needs are met and expectations are exceeded.
- It is important to adequately address legal risks when operating in high-growth and emerging markets.
- Dealing with a multitude of compliance difficulties; &
- Staying abreast of the frequent changes within their companies’ operations.
Primary Duties of an In-House Lawyer
The primary duties of an in-house lawyer are as follows:
- Encourage the development of a moral compass within the company and establish guidelines for its ethical conduct.
- Management and employees have both legal and educational responsibilities to fulfill. These responsibilities should be implemented to ensure compliance with the law and to promote a safe and productive work environment. It is important for all parties to understand and carry out their obligations to maintain a successful workplace.
- Manage routine legal matters for the corporation on a daily basis.
- The task is to choose and manage external legal advisors, also known as outside counsel.
- Corporate housekeeping refers to the maintenance of a company’s legal and administrative documents and procedures in order to ensure compliance with regulations and best practices.
- Ensure proper management of the association with an external auditor.
Legal Duties of an In-house Lawyer
The role of an in-house lawyer is to plan for the future of the corporation, implement measures to prevent any potential litigation and monitor the activities of the organization and its employees.
The ultimate objective of an in-house lawyer is to ensure that the organization is in compliance with all applicable laws and to protect the legal rights of the corporation against any abuse by others.
The recent corporate scandals and the passage of the Sarbanes-Oxley Act have resulted in these responsibilities being considered among the most significant tasks performed by an in-house lawyer.
Although the primary focus of an in-house lawyer is to avoid litigation, there may be circumstances where it cannot be avoided. In such cases, an in-house lawyer must be prepared to manage all litigation matters, whether it is to protect the corporation’s rights or defend it against lawsuits.
Counsel often works with outside law firm attorneys in preparing and defending the company from lawsuits. However, the in-house lawyer is typically involved in all stages of litigation, from the discovery process through settlement negotiations or trials.
Non-Legal Duties of an In-House Lawyer
As an in-house counsel, it is crucial to have a thorough understanding of the business complexities of the company as well as the industry in order to best serve your clients. In-house counsel has the advantage of being able to approach business problems without being solely responsible for resolving them.
This impartiality allows counsel to make valuable suggestions for resolving complex business issues. In-house counsel can leverage their unique position within the organization to play a crucial role in the strategic planning of the company’s business. They can provide legal insight that more business-oriented directors may not address.
In-house lawyers have ample opportunities for advancement within a corporation and are not restricted in their career growth. The significance of a legal degree in today’s corporate environment is invaluable, enabling counsel to “act as both senior-level manager and as a legal adviser” and to move from a strictly legal position to one of upper-level corporate management such as Chief Executive Officer (CEO), Chief Financial Officer (CFO), or a member of the Board of Directors.
According to a 2001 ACCA poll, 11 percent of in-house counsel respondents served as CEO, six percent served as CFO, and the other seven percent served as Chief Operating Officer. In addition, 5 percent served as the head of a business unit, and almost 25 percent served as the head of a Human Resources Department.
By combining knowledge and understanding of the legal side of the business with a strong grasp of the company’s operations, in-house lawyers can maximize their value to the corporate entity. It is this value that eventually leads to advancement outside of the legal department.
Why Become an In-house Lawyer?
Flexibility and predictability are factors that make working for a corporation more attractive than the lifestyle common to the large firm attorney. As one ACC member said, “The beauty of in-house counsel is that every day brings new challenges and experiences” without the stress of billable hours.
Hands-on Law Experience
While first-year associates at law firms are likely to be placed in a group specializing in one area of law, in-house counsel has the opportunity to handle matters that cross the spectrum of legal issues. Whether it involves a relatively simple contract law issue or complex civil litigation, an in-house lawyer must be prepared for the multitude of legal issues that present themselves.
Corporate legal departments offer substantial opportunities for hands-on experience in litigation matters. Even in situations where a corporate entity retains outside counsel, the in-house lawyer continues to play a substantive role in the matter.
Opportunities for Growth
Attorneys working in a firm are often driven by their desire to become a partner. “Seven years or out” is a common phrase young attorneys hear as they advance up the firm ladder. Failure to make a partner means that a young attorney will be forced to move on, as the firm will prefer to focus on more “promising” attorneys.
Unlike firm attorneys, however, the career advancement of corporate attorneys does not follow such a rigorous and inflexible schedule. Because corporations and businesses do not organize their legal departments in hierarchies that require employees to rise to the top of one particular field, in-house attorneys tend to have more varied promotional opportunities.
Engaging in the legal side of the business allows young in-house counsel to gain greater insight into the corporation itself while also increasing their knowledge of the business world. While law firm attorneys restrict their focus to legal issues, in-house counsel must be aware of the business ramifications when providing advice. The multi-faceted nature of corporate counsel’s responsibilities allows counsel to enhance their experience base and foster their ability to meet the needs of their corporate client.
How Does One Become an In-House Lawyer?
Having knowledge of a corporation’s legal and business issues from the outside counsel perspective can help in transitioning into an in-house lawyer position. Many participants in an MCCA focus group moved in-house from government jobs as prosecutors or staff attorneys for a regulatory agency. The skills and knowledge obtained while working in agencies like the Federal Communications Commission, Securities and Exchange Commission, or Federal Trade Commission can be highly valuable, especially when a lawyer moves to a company whose industry is regulated by their previous employer.
Earn a Law Degree
To increase their chances of getting an in-house position, young attorneys may consider obtaining a business degree or enrolling in a joint degree program. Attorneys with an MA/MS/MBA can earn more on average than those holding only a JD, and they can make themselves more valuable to the corporation by having a better understanding of the business world. Law school students may also want to consider a joint JD/MBA, JD/MHA, or JD/MLHR program. While an advanced degree does not guarantee employment, it can provide additional opportunities.
Increase Networking with Lawyers
Networking is also important in any job hunt. Law students and recent graduates should take advantage of resources that allow them to search for in-house counsel positions, such as the ACC website, which lists numerous job opportunities by different employers all over the country through the ACC Job line. A law student or recent graduate does not even have to be a member to have access to the thousands of job postings.
Creation of an Updated Resume
It is crucial to ensure that your resume accurately reflects your skills and experience. If a company does the advertising and hiring process itself, the person responsible for the initial screening will quickly eliminate any resume where the level or type of experience does not closely fit what the company is looking for. This person, typically not an attorney, will be looking for keywords and phrases in the resume to match those in the job description.
After delving into the role of an in-house lawyer, you now possess a more comprehensive understanding of their day-to-day operations and the weight of their responsibilities. As opposed to an external attorney, an in-house lawyer works directly for a company or organization, serving as legal counsel for the business.
This legal professional is responsible for handling a wide range of legal matters, including but not limited to drafting and negotiating contracts, advising on regulatory compliance, managing disputes, and providing legal support for business decisions. Additionally, an in-house lawyer must stay abreast of the latest legal developments and trends in their specific industry and jurisdiction to ensure that the company remains compliant with all applicable laws and regulations.