How to Win Cases by Being Nice
My last post discussed the importance of avoiding career-limiting moves. Today, I’ll focus on how in-house litigators have the opportunity to learn information every day that they can and will use in future litigation—every single day. That learning opportunity will happen if you keep your door open and are nice.
In-house legal departments handle a wide range of company issues: I handled the company’s litigation, but other folks handled contract drafting and negotiations with equipment vendors, subcontractors, and customers. Legal departments also often handle company compliance issues, like developing trainings on the Foreign Corrupt Practices Act or avoiding sexual harassment. These various activities invite contact with a steady stream of company employees.
Opening Doors
When they visited the legal department to talk with other lawyers handling other matters, company employees often also came to my office, stopping by to say hello or ask random legal questions. Sometimes employees needed information about probate matters, legal disputes with neighbors or landlords, recommendations for attorneys who handle criminal matters—the kinds of things neighbors ask. I referred them to the State Bar of Texas website, governmental websites for Harris and surrounding counties, and other sources of information they might not have known about. And we talked.
They told me about their jobs, their departments, the industry—personal and business information that they, like all of us, know, but don’t necessarily discuss until someone asks about it. So I asked. And they taught me about the company and how it was organized—explaining not only the corporate structure, but the dotted lines that run between different departments and people, the relationships and flow of information between people and different parts of the company. They explained where the loyalties (and the documents) were.
Later, when I investigated cases, I used information they gave me, seeking out the known players, those who knew about the immediate problem, but also the potential players, those who knew the history of it, how the conflict began. Because of those friendly drop-in visits, I also knew where to look for documents and who to ask for them—that’s how I learned about the guys who handled certain inspections for the company, and that they maintained their inspection reports in the trunks of their cars. We changed that practice quickly! But I would not have known to call them or ask for their reports if it weren’t for those daily chats.
I nurtured those relationships, returning to those visitors, to let them know how they had helped and what it meant for the company. They liked helping and being thanked for their efforts, which often involved only a conversation. Opening my door, and taking time to visit—being nice—helped me forge deep connections with employees and significantly benefitted my representation of the company.
Inside/Outside Counsel Opportunities
Outside counsel will rarely have the opportunity to interact as easily with company employees. However, outside counsel can talk to their inside counterparts and discuss whether this kind of casual interaction between inside counsel and company employees occurs or is possible.
This is another learning opportunity for outside counsel. By asking their inside counsel counterparts about these opportunities for casual conversations, outside counsel can learn more about the flow of information within the company and inside counsel’s knowledge. They can learn whether inside counsel is “in touch” with the company rank and file, or whether they are more removed from direct sources of company information, receiving information primarily within the legal department or from management.
Knowing that, outside counsel can better understand what constitutes a reasonable inquiry for discoverable information. If inside counsel’s access to employees and information is limited, outside counsel may need to dig deeper, asking more about inside counsel’s efforts to gather responsive documents and learn relevant information. Both inside and outside counsel can use this dialogue to develop the facts of a case and enhance their representation of the company.