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This month’s Corporate Counsel features the magazine’s annual review of top legal departments.  The Hartford Financial Services Group, Inc. earned top honors this year for its impressive accomplishments on the precipice of a financial industry meltdown and for its highly-developed internal efforts to promote success within the legal department.  

Building a great team, of course, requires hiring great people, but Hartford Financial demonstrates how to push a legal department to truly excel.  And having a legal department that excels has never been more critical than it is now in times of tightening budgets and increased scrutiny on legal expenses.

Key lessons your legal department can learn:

• Hire not just talented staff, but talented staff with complementary strengths.  Each hire should strengthen the overall team and equip the department to be more agile in the face of changes to the business.
• Systematically implement mentoring and training programs.  These are long-term investments that will pay off in recruiting, retention, and productivity.
• Train lawyers within the legal department to hire and manage the relationship with outside counsel.  Legal departments of all sizes need their lawyers to take a consistent, strategic approach to working with outside lawyers, particularly in times of tight budgets.  Even though most in-house counsel previously worked as outside counsel, many would benefit from training to get the most from outside lawyers.   
• Take a hands-on approach to legal work.  Keeping in-house counsel actively involved in the matters they manage encourages a better result.
• Encourage innovation.  Lawyers are not natural innovators, and change often comes slowly.  However, a culture that encourages experimenting with new methods, new approaches, and new perspectives will yield more successes than failures.

You can learn more about Hartford Financial’s successes here:  http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202430800136.

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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 economic slump has caused demand for most transactions lawyers to come to a screeching halt. Deal flow is stagnant, credit is scarce, and many attorneys who specialize in real estate and structured finance are looking for jobs.  

Areas that continue to experience growth – and hiring -- include:

• Renewable energy project development. Attorneys with experience in power project development, especially wind projects, are in high demand. 
• International trade & global compliance. FCPA violations, import/export issues and customs audits keep GCs awake at night. These are mission-critical positions within legal departments.
• E-discovery managers. For many companies that experience a high volume of litigation, these positions are starting to become more prevalent.    Recessions tend to increase litigation, so this position will likely play an important role on corporate legal teams.
• Regulatory practices. Demand is increasing for regulatory lawyers, including those who specialize in energy, environmental, securities and now banking.

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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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Given the state of this economy, I thought this topic deserved some additional attention (See Part I). Even in an economic downturn, companies continue to hire lawyers – but they hire lawyers with different specialties than the ones who are in demand when business is good.

Corporations are trimming budgets now, and in an effort to reduce outside counsel spending, many are adding to their legal departments.   At the same time, candidates are skittish about making career moves in this market.   “Bonus-driven cultures” are growing more distant in the rearview mirror, and prospective in-house attorneys are now focused on base salary, job security, and corporate financial viability. Despite lay-offs, falling stock prices and general gloom and doom, recruiting top candidates is not any easier! 

A strong first offer still makes a powerful impression, and will increase the odds of landing an in-house counsel that may save the company hundreds of thousands in legal fees.

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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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