Looking for practical tips and strategies for becoming comfortable as in-house counsel (I.e., anything more specific than the generalized advice to “be a business partner” and “learn the business.”). What’s the best way to stay organized? Should I proactively reach out to business teams to see if they need anything? How long did it take you to become comfortable in your role?

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Join the New to In House Network as part of the ACC.

Are you a solo in house counsel?

Have you looked at resources on goinhouse.com and the Lawyer Whisperer blog yet?

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How do you view the lawyer whisperer blog? I tried to signup but never received anything.

Do you have a roadmap? Does the business know when to come to you? are they looping you in? Do you feel integrated? Do you know that you’re missing things?

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I am fairly new to the company, so time will tell, but I do feel like they know when to approach with questions. There are so many business and product teams here, it’s hard to know how well integrated I am at this point.

You should have a risk assessment scorecard for each type of contract. If you don’t have that as a legacy walking in, then you have to start from the beginning. Whatever the company is selling, create a template around it, and a scorecard of risk. Upper management/the people who lead the business aren’t going to take your word that “this contract is risky” if you don’t have some way of explaining that risk to them.

The template and the scorecard are precursors to a playbook, but you are at least 3 years away from that at this point. Try to create guideposts - it helps non-lawyers visualize and understand your arguments and points.

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I know this is a shit answer, but it really depends on what you’re selling. Start with what damages could arise/what are the most common claims and work backwards. Here’s an example: You’re selling goods produced by your company (“Company A”) to sell B to B. This is not a common household good; the good is used in manufacturing and warehousing. What are the risk categories for Company A?

Product doesn’t work (warranty + indemnity)
Product doesn’t work + injures 3rd party (indemnity + limitation of liability)
Not meeting manufacturing + shipping timelines (liquidated damages + shrinking margin)
Need more personnel to push out on time (margin + LDs)
Customer purchases same or similar products from competitors (IP ownership)

So, the risk categories would be something like:
1. Risk around the product
2. Risk around production
3. Risk around ownership

There may be more, but these would be the items the business is most worried about. You want to highlight the ones that will cost your business the most money to fix. That’s what gets their attention.

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