Chapter § 1.08 Hiring In-House Counsel

• Jurisdiction: United States
• Publication year: 2020

§ 1.08 Hiring In-House Counsel

[1] Benefits of Experience

The in-house hiring model often differs from the law firm hiring model, particularly when the firms are hiring candidates out of law school. At that time, candidates have no legal experience, so law firms naturally make hiring decisions based on criteria such as class rank, law school prestige, and law review experience.⁷⁵ As discussed further below, corporate law departments rarely hire candidates from law school. Instead, they hire candidates from law firms or other in-house jobs. Thus, they are inherently more focused on candidates’ work experience; their ability to think independently, strategically and creatively; their business savvy; and their ability to manage people.⁷⁶

Most corporate law departments look for candidates with five to ten years of experience. At that point in a lawyer’s career, their employment track record is more important than their law school class rank. As an in-house counsel explained, “You do not have the flexibility that law firms have to get rid of people quickly if they’re not working out, and, as a result of that, you have to be very careful when you make an investment in an employee.”⁷⁷ While a firm can nurture and develop strong lawyers from within, law departments generally don’t have the bandwidth to train young lawyers. Because these departments look at how capable the person will be in the role they need to fill at that moment, experience, especially experience being in-house at another company, is desirable.

[2] Business Sense

Ability to counsel internal clients, intelligence, and core competence in a practice area are essential qualities for an in-house lawyer. But an in-house’s business sense is equally important. Indeed, according to one in-house counsel, “There are plenty of smart candidates that know the area of expertise very well but do not have the common sense or business sense that you need in a public company focused on the bottom line to truly be able to be an advisor to our in-house clients. It is that type of common sense, the business sense, the ability to apply what you know in the setting to add value that is hard to find.”⁷⁸

Business sense includes the ability to communicate well with people in various roles, from the chief executive officer to the paralegals. Counsel treat hiring litigators differently from hiring other lawyers because “you cannot have a litigation counsel who is not going to be interfacing with the client.”⁷⁹ Litigators...