Forwalder Talks About Life As In-House Counsel
The Washburn Business Law Society hosted Beth Forwalder, Director of Employment Litigation and Counseling in the Sprint Nextel Legal Department, on September 16, 2005 to speak about an attorney's role as in-house counsel. Forwalder is a 1985 graduate of Washburn University School of Law.
Forwalder said in-house counsel is not easy; it's "life in the fast lane."
"I absolutely love it," Forwalder said. Explaining why she enjoys serving as in-house counsel, Forwalder observed the attorney must be professional, flexible, available, creative, and a business partner.
To be successful as in-house counsel you have to be professional. Professionalism is conveyed in appearance and demeanor. Forwalder said that in the company you are always watched as the lawyer. It is important to dress professionally each day because you never know when you will be meeting with a vice president. This is different from working in a law firm where you know which days you will be meeting with clients.
"You are not smarter than your clients," Forwalder said. "They're not smarter than you. It's just that you have different skill sets."
Therefore, it is important for your demeanor to convey that you respect your clients. Also, clients expect you to know the law, so they are rarely impressed with your legal knowledge. You can impress your clients by knowing their business and by giving them options.
Flexibility, availability, and creativity are keys to success as in house-counsel. Forwalder shared a recent example to illustrate these traits. Shortly after Hurricane Katrina, she received a phone call at midnight in which she was asked to provide legal advice to Sprint administrators in Baton Rouge. There were two strictly legal options, but neither of these would be very good for Sprint Nextel's image. So Forwalder gave three options. The third option was within the scope of the law, better for Sprint Nextel, but incorporated business with the law. Sprint Nextel chose the third option.
"Just citing law and case law isn't very helpful," Forwalder said. "You have to put the law in context of business and you have to know how business works."
Clients want to know three things: what can I do; what is the risk; and, what happens if I don't do what you recommend. Spotting issues and providing options are critical to in-house productivity. Forwalder said in-house counsel must be value-added because the legal department is expendable.
Being a business partner is critical for in-house counsel. This means understanding the business and developing relationships within the business. Forwalder said it is easier to provide legal advice at the development stage rather than at the problem stage. However, to be at the development meetings you must have rapport with the business people, including secretaries and assistants. Also, you don't want to be perceived as a road block. Advice means giving options and not saying no. While it's easy to say no, in-house counsel should provide alternatives to get things done within the confines of the law.
Jenoise Callahan contributed this article.
