Law Department Search : Texas Lawyer Recruiting & Attorney Search : Courtney Sapire : Texas Lawyer Jobs

Corporate bonuses decreased by an average of 25 percent in 2008, and experts are predicting that companies will continue operating under reduced budgets for at least two more years. To compensate for slimmer compensation packages and retain valued employees, companies will need to boost morale in other ways.  

Here are some tips on how to retain talent when budgets are tight:

• Communication from Management. Employees want to be regularly informed and know what’s happening around them – even if the news isn’t positive. Status reports from management give employees a sense of visibility and control.   
• Give Employees a Chance to Talk. Periodic “Town Hall” meetings are particularly effective and give employees an opportunity to voice their concerns.  It might even be an opportunity to get some fresh ideas.
• Training and Development. This is a great time to cross-train your team and utilize the people who have institutional knowledge about your organization. Investing in training and giving employees an opportunity to broaden their skills demonstrates an investment by the company in their future. Training and development initiatives may also present an opportunity to identify top performers who can someday lead the team when times are better.

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Gaps on your résumé and multiple jobs within a short time period can raise red flags when applying for a new job.  Although we’re in a recession and have seen in the last several years an unprecedented wave of corporate and law firm consolidation, hiring managers and HR will still question résumé gaps and multiple job changes. No matter what the job market conditions are, first impressions on paper still count.

Here are some tips on how to handle these issues:

On the Resume. In my experience, people tend to go straight to the résumé and either scan or skip the cover letter entirely. Consequently, candidates should include as much explanation as possible on the actual résumé. 

• Example 1 - To explain a move or job change as a result of a merger: “ABC Company was acquired in 2006 by XYZ Corp.” The candidate may or may not have joined XYZ, but the message communicates that something unrelated to performance is the reason for the change.
• Example 2 - To explain a gap as a result of maternity or parental leave: Place an asterisk or footnote next to the year or month in which the gap occurred and explain it at the bottom. “From 2000 – 2001, I took time off to care for my young children.”

Cover Letters. Although cover letters are extremely helpful to headhunters and external recruiters in that they tend to provide more information about the candidate than what is on the résumé, they are frequently discarded in the online résumé submission process, or are simply not forwarded by HR to the hiring managers. Sometimes, even hiring managers don’t read them.  If you believe more explanation is necessary to explain a career gap or job change than what you can fit (or should try to fit) on a résumé, then attach your cover letter to the résumé so that it becomes page 1, and then PDF it so that it’s all in one document. It is more likely to stay intact that way, which increases the chances that a hiring manager will read it.

Dates of Employment. A way to de-emphasize multiple moves in a short period of time is to list years instead of months and years in connection with dates of employment.

Chronological vs. Skills-Based Format.   A skills-based format typically highlights strengths, accomplishments and skills at the top with a summary of job positions below. Although this format is frequently recommended by career counselors, I advise against it. When I see résumés formatted this way, my initial impression is that a candidate is trying to hide something (like re-arranging the furniture to conceal a floor plan problem).  Recruiters and hiring managers want to know what you did in each job. 

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As companies continue to look for ways to trim costs, video and telephone conferences are quickly becoming an initial first step for interviewing non-local candidates. Here are several tips on how to prepare for your video interview:        

• Dress as you would for a face-to-face interview -  from head to toe. Even though the camera may catch you from waist-up at your desk, don’t take the chance being viewed in shorts.
• Try to maintain eye contact with remote viewers and avoid frequently looking away, which could create an impression that you’re distracted.
• DON’T CHECK YOUR BLACKBERRY.
• Speak clearly and pay close attention to the interviewer’s conversation with you, even if the interview is being simultaneously broadcast to multiple offices.
• When emphasizing something important, lean in slightly toward the camera.
• If you’re a small person in a large chair, sit on the edge of your seat to maintain a strong visual presence.

To prepare for a telephone interview:

• Minimize distracting background noise prior to the call’s start.  Barking dogs, television noise and flushing toilets can blow it.  
• If the call is unexpected, ask to reschedule for a time when you’ll have had a chance to prepare yourself and your environment.
• If the interview is scheduled, keep your résumé and notes close for reference.
• Like a video interview, avoid checking your blackberry or e-mail, and pay close attention to the conversation. Phone interviewers judge candidates by what they say and how they say it.  Lulls in conversation can indicate a lack of focus or knowledge on a subject.

For both telephone and video conference interviews, it helps to practice. You can practice in the mirror or even by recording yourself. Additionally, it’s nice to send a follow-up thank you that reiterates your top selling points. Be sure to proofread, though.

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As companies consider ways to control spending in 2009, many are choosing to reduce outside counsel costs by bringing more work in-house. Despite layoffs in virtually all areas of the economy, major corporations have found that boosting their in-house team can have long-term cost-cutting benefits.

According to a Chief Legal Officer study released late last year, 75 percent of respondents said they expected budget cuts in 2009, with most of the cuts directed at outside counsel spending. Some will find it necessary to increase law department headcount in order to manage the additional workload. 

For companies that choose, however, to refrain from hiring additional lawyers, the budget cuts will likely result in expanded responsibilities and higher expectations for efficiency by in-house lawyers. 

Here are some tips on how to work smarter:

• Maximize the use of paralegals
• Develop a strong working relationship with your HR team to minimize labor and employment issues through training and compliance
• Embrace and use technology – now is the time to become an expert on software solutions, electronic invoicing or matter management 
• Practice preventive law through training, dispute resolution procedures, contract administration and document retention policies

Budget cuts and efforts by law departments to do more with less this year may provide an opportunity for in-house counsel to diversify areas of expertise and broaden skills, which might come in handy someday.

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The credit crisis has wreaked havoc on several practice areas, including real estate and finance.   Many lawyers who specialize in these practices are seeking new positions. The problem is that there aren’t many openings for these lawyers right now. Worse, the trend for the last 5-8 years has been to hire “specialists,” those with niche areas of expertise – the round peg for the round hole. 

Here are some tips on how to break into a new area, or “re-tool” your practice:

-          Start building your résumé and your knowledge base.  Attend CLE courses and list them. Research and write an article about a particular area. Better yet, find the experts and ask if you can assist with an article. These people are usually on the speaking circuit and are frequently publishing. They may welcome some assistance on a particular topic. 

-          Try to get contract work in that area. Many companies and firms need attorneys to fill in on a project basis (not just for document reviews).

-          Take on some pro bono work in that area if you can find it.

-          Work for a government agency. Although it may be a temporary financial setback, the hands-on experience can be fantastic.

-          NETWORK.   Despite the trend of hiring lawyers with a track record in a particular area, there are still employers out there who simply want hard-working individuals with bright minds.   They just won’t pay a search firm to find them.

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We have been retained by National Grid USA to conduct a search for an Assistant General Counsel - Federal Regulatory. The position will be based either in the company's U.S. headquarters located near Boston, or in Washington D.C.

National Grid USA is a wholly owned subsidiary of National Grid plc. National Grid’s core U.S. business is the delivery of electricity and natural gas. National Grid is one of the ten largest utilities (by number of customers) in the U.S. and has the largest electricity transmission and distribution network in the New England/New York region. National Grid plc is an international network utility with principal activities in the regulated electricity and natural gas industries.  It is one of the largest investor-owned utilities in the world.  The company’s headquarters are in London, and it is listed on the London (Symbol: NG) and New York (Symbol: NGG) stock exchanges.

Reporting to the Deputy General Counsel – Regulatory, the AGC – Federal Regulatory is responsible for all federal legal matters for the company and will be the primary point of contact for the legal department to the transmission function.

Additional responsibilities:

• Assumes primary responsibility for federal energy regulatory matters.
• Manages and supervises a team of 4-6 in-house attorneys and outside counsel.
• Provides legal advice and counsel to senior management in electric distribution and transmission functions.
• Assists in the monitoring of gas pipeline filings affecting transportation capacity held by gas distribution companies in four states.

Requirements:

• 10-20+ years of experience on FERC matters.
• Experience managing attorneys within a corporate legal department.

In addition to an outstanding career opportunity and a fantastic work environment, the company offers competitive compensation and a comprehensive benefits package that includes a pension plan.  

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Large energy company headquartered in Dallas seeks a 3+ year attorney to join its growing legal team. The position will focus on state energy regulatory work, but will secondarily include business transactions and legislative affairs. The role offers a hands-on opportunity to gain immediate experience in the energy regulatory and policy arena while under excellent mentorship.

Responsibilities include:

·         Providing support in connection with PUC and FERC regulatory matters, including representing the company at hearings and proceedings

·         Handling franchise agreements and other commercial transactions

·         Providing support in connection with legislative affairs and public policy matters

In addition to offering access to one of the largest energy infrastructures in the world, the company offers significant internal opportunities, a competitive compensation plan and a comprehensive benefits package.   

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We have been exclusively engaged by a top-caliber energy boutique firm in Texas to recruit litigation associates.   In addition to lucrative compensation packages, the firm boasts a Fortune 500 client base and a robust pipeline of sophisticated work.  

TRIAL EXPERIENCE: This is a one-of-a-kind opportunity to get hands-on trial experience and work directly with the some of the largest and most successful companies in the world.

Additional features:

·         All associates really practice law from day one and will try cases in their first year. 

·         The dockets are fluid. Lawyers open matters, process them, and close them.   With a full pipeline of cases, the work is steady and plentiful.

·         All lawyers maintain multiple open files, which reinforces experience, expedites the learning curve, makes the work more interesting, and teaches attorneys how to manage big dockets. It’s an environment in which lawyers succeed and careers are made.

·         Lawyers work across the table from the best lawyers and firms in the country.

·         Cases are tried in venues throughout Texas and beyond.

Culture & Values:

This firm’s culture stresses interaction and personalized working relationships among its lawyers, a shared passion for achievement on behalf of its clients, and an overall commitment to finding ways to help each other maximize potential as individual lawyers and as an organization.

Energy Industry:

The energy industry has been a mainstay of the firm’s practice. The importance of energy in the new economy has enhanced business opportunities for the firm’s clients, resulting in cutting-edge representations.    

The firm’s strong relationships with key players in this sector have advantageously positioned it to get the work that really counts – these are cases that shape the energy industry and have an impact on a national and global scale.

It’s an exciting time to practice at this firm.

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Finding the right candidate seems like the most difficult part of the recruiting process, but it’s frequently the offer negotiation that proves to be the challenge. 

A successful negotiation, of course, results in a hire. Ideally, the employer extends the offer and (usually after some consideration), the candidate accepts. Both sides are thrilled and eager to begin a future together.  However, the script doesn’t always read that way. Back and forth salary negotiations put the “new job honeymoon” at risk. 

Coming out with a low-ball offer that eventually is accepted by the candidate is not necessarily successful.  Even a low offer that is later accepted risks leaving both sides with less-than-stellar attitudes. Candidates view the offer as a measure of their value to the company.   They are not thinking – at least on the front end -- about legal department budgets, future raises and incentives, and benefits.   

The best outcome can be reached by understanding the candidate’s motivations and priorities. More vacation time might be worth less salary.  Sign-on bonuses are effective and often can be compelling, even if the salary is lower.  

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Global energy company with a top-caliber legal department seeks an attorney to support its renewable energy division. The position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance for clients.

This position is for an experienced commercial attorney with extensive transactional experience. This position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance to the company’s solar business including:

·         Providing advice, counsel and general transactional support in connection with the design, manufacture and marketing of solar electric systems for a wide range of applications in the residential, commercial and industrial sectors;

·         Negotiating, drafting and reviewing complex, detailed project agreements such as memoranda of understanding, engineering, procurement and construction agreements, operation and maintenance agreements, leases, supply agreements, technology agreements and joint venture agreements;

·         Supporting bid transactions and acquisition efforts;

·         Supporting divestiture activities and sales of operating projects and projects in development;

·         Managing outside counsel as appropriate;

·         Providing client training on related legal issues.

The position will also require cross-team collaboration and coordination of legal workload with the other legal colleagues. The candidate should have a proven track record as a team player and as an effective manager of resources, both internal and external.

This company offers an outstanding work environment, along with a competitive compensation and benefits package.

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Global energy company with a top-caliber legal department seeks an attorney to support its renewable energy division. The position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance for clients.

This position is for an experienced commercial attorney with transactional and project development experience to support wind projects. This position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance to the company’s wind business including:

·         Providing advice, counsel and general transactional support in connection with the development, construction, and operation of wind projects;

·         Negotiating, drafting and reviewing complex, detailed project agreements such as site plan agreements, escrow agreements, supply and transmission agreements, memoranda of understanding, engineering, procurement and construction agreements, operation and maintenance agreements, and equipment supply agreements;

·         Supporting bid transactions and acquisition efforts;

·         Supporting divestiture activities and sales of operating projects and projects in development;

·         Working closely with the real estate attorneys and land team within the wind business in the acquisition of options and leases on land;

·         Managing outside counsel as appropriate;

·         Providing client training on related legal issues.

The position will also require cross-team collaboration and coordination of legal workload with the other legal colleagues. The candidate should have a proven track record as a team player and as an effective manager of resources, both internal and external.

The company offers an outstanding compensation and benefits package, along with a great work environment.

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Growing Texas division of a large international company seeks a midstream transactions attorney with experience in natural gas transactions and operations.  The company offers competitive compensation, flexible work schedules, a collaborative work environment, and an opportunity to join a dynamic and rapidly growing sector of the energy industry.

Responsibilities include:   

• Provide overall legal advice and assistance on project development and facility operations matters, which may include real estate matters, permitting (state and federal), vendor service contracts, construction contracts and related matters, and working with outside counsel on same.
• Provide legal assessments, interpretations, recommendations and representation on project development matters, including related policy matters. Manage and assist in due diligence on project acquisitions and divestitures.
• Provide overall legal advice and assistance on gas storage commercial transactional matters, which may include development and negotiation of storage agreements, interpretation and drafting of storage tariffs (FERC) and other interaction with the FERC in respect of the Company’s current and future gas storage activities.
• Provide assistance with compliance and training programs, and draft legal advisories, documents and contracts, including transactional documents and board papers.

Qualifications

• 5+ years experience working on the development of energy resources, with a particular focus on real property, oil, gas and energy and permitting or engineering, construction and procurement. 
• Ability to draft and negotiate storage agreements and vendor master service agreements, draft permitting applications and manage legal requirements associated natural gas storage and transportation operations.
• Experience with form energy agreements (including the EEI, WSPP, ISDA, IADC), customized energy purchase agreements, physical and financial trading, natural gas storage, transportation, scheduling, and credit enhancement/ margin agreements, letters of intent and term sheets for project development/acquisition.
• Experience with general business law and natural gas / electricity energy transactions. 
• Experience with FERC rules, regulations and policy in respect of natural gas storage matters (including both Section 311 and Section 7(c) authorizations). 

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Global energy company seeks an executive-level attorney with strong energy project development experience for the role of Vice President and Assistant General Counsel. This position reports to the Senior Vice President, General Counsel & Secretary of the parent company and also to the President & CEO of one of its divisions.

The Vice President and Assistant General Counsel is responsible for providing legal counsel to the parent company and its subsidiaries in connection with complex energy-related transactional, project development, asset management and finance matters, with emphasis on wind, biomass and other renewable energy sources. The position will also be responsible for assisting the company on compliance issues, including local, state and federal regulatory requirements and overall compliance with national, state and/or local laws and regulations in North America.

Specific responsibilities include:

- Developing and executing comprehensive legal strategies and solutions to lawfully facilitate the parent company's and its subsidiaries' commercial objectives while mitigating any associated legal risks

- Providing legal advice and support to the renewable energy business unit, in connection with complex energy-related project development, asset management and finance agreements, and ensuring compliance with national, state and/or local laws and regulations in North America

- Advising on North American national, state and local regulations and requirements, with an emphasis on renewable energy

- Assisting with managing litigation, administrative proceedings and policy matters with an emphasis on matters involving the renewable energy unit

- Providing support to the parent company legal function generally in matters not involving renewable energy, including gas, power and LNG matters

In addition to a great work environment with a strong leadership team, the company offers an attractive compensation package that includes both short and long-term incentives, as well as an annual perquisite allowance.

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My clients frequently consult me on law department benchmarking as an initial step in the hiring process. According to the 2006 Altman Weil/Lexis Nexis Law Department Metrics Benchmarking Survey (conducted and published annually), most legal departments are staffed in accordance with lawyers per total revenues. Averages are as follows:

• 3.49 lawyers per billion in revenues
• 1 paralegal per billion in revenues (or .3 paralegals per lawyer)
• 2 administrative assistants per billion in revenues

According to the survey, average internal costs per lawyer were $333,000. In my experience, the balance tips in favor of adding an additional lawyer to the department when outside counsel costs in a particular area exceed $400,000. However, certain industries have much higher headcount needs, such as electrical and chemical manufacturing. See also the Law.com In-House Counsel section for additional information.

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For an industry that runs on natural resources, it’s the human component that is becoming its newest challenge. The energy sector of the economy is more active than at any other time in the last 20 years. However, the industry has not only failed to attract new graduates, but it has lost seasoned professionals. 

Despite periodic spectacular earnings over the last 20 years, the oil and gas attorney workforce has been declining steadily for almost 20 years. The industry slump of the 1980’s was unusually severe and left long-lasting scars. Moreover, the “dirty industry” image has not done much in the past to attract people to the profession. Many recall the oil-soaked birds and dead otters on the beach following the Exxon-Valdez spill. Others simply viewed the industry as a slow-growth, old economy behemoth. 

Like other oil and gas professionals, lawyers left the industry for less cyclical sectors of the economy. However, unlike other industries affected by the economic downturn, the energy industry recovery did not bring these professionals back, nor were they replaced with new talent.  And the high tech boom of the late 1990’s provided refuge for the best and brightest. 

Adding to the problem, the average age in the oil and gas industry workforce is 49 – among the oldest of any sector in the U.S. economy. According to Martindale Hubbell, 85% of the lawyers who specialize in oil and gas law have more than 10 years of experience. In addition, a Labor Department study found that more than 65% of workers in the oil and gas industry are between the ages of 35 and 54, while only a “small” percentage are in their twenties. 

With the retirement wave approaching and global demand at record levels, energy industry legal departments are headed for a human resource crisis.  

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Courtney Sapire, Esq., SPHR

President, Sapire Search Group

csapire@sapiresearch.com

866.413.2868     toll free

866.793.8007     fax

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