Alumni Discuss Corporate Attorneys As Deal-Makers
The Washburn Business Law Society hosted Jeff Nourse, Class of 2000, Michael Sell, Class 1985, and Jeremy Southall, Class of 2002, on October 28, 2005. All three are currently in-house counsel for the Brook Corporation of Kansas City. They offered different perspectives on a career as a corporate attorney.
Brooke is an insurance agency that buys independent insurance agencies and then sells to franchisees. Entrepreneur magazine ranks Brooke number one in insurance franchise companies.
Nourse said it is important to determine what type of lawyer you want to be. Transactional attorneys can avoid the deal-killer reputation by being deal-makers. Deal-makers are facilitators and managers. Facilitators get clients the deal and managers take over negotiations by setting the terms, price, and other conditions.
"It's hard not to go out there with both guns blazing," Nourse said. But, he said it's important to consider your credibility down the road. If the matter reaches mediation or arbitration, all documents and communication will be viewed by the mediator or arbitrator.
The most esteemed and respected corporate attorneys are business-like, respectful, and they understand that both sides represent a client.
Corporate attorneys face several issues. First, the other counsel may not share the same sense of urgency. Second, the other counsel may not specialize in contracts or other transactional matters. Third, management's goal is to make money; they want the deals pushed through fast. Fourth, the nature of sales is not detail oriented.
It is very important for attorneys to advise clients about the legal aspects of business decisions, but not to make business decisions. It is also important to avoid being perceived as giving legal advice to someone who is not your client.
Jenny Callahan contributed this article.
