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Rising Star
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Rising Star
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Your responsibility is to your client - step up and say something. If that’s not motivation enough, if it goes south and you haven’t spoken up it’s on your head.
Be respectful but honest. Also, swapping in true trial counsel isn’t that abnormal. I did it several times when I used to be in-house. If your boss chooses to ignore your concerns, so be it, you did what you could.
Rising Star
Your place is that you’re in charge. Outside counsel is hired help. You (and your in house colleagues) are ultimately responsible internally.
Rising Star
Better to say something and be overruled than to get crushed at trial and have to explain later than counsel wasn’t up to the task.
Has anyone been faced with a similar situation? My boss asked me how so-and-so outside counsel was doing after praising him, and they know each other well so I don’t know how I should address this but we need intervention or this is going to not end well. It’s a quality issue— they know the facts really well, but just aren’t getting the overall theme, and are horrible at questioning witnesses. I think they thought the case would settle….. What is my role here? Should I sit back and just watch this disaster or do I need to step up somehow? I have ideas on how to get us back on track, but again don’t want to step on toes or cause an issue. Thanks for any insight. I’ve only been in house for a year.
IMO, if politics and/or the reality of the impending trial forbid you from changing counsel at this point, your role is to provide constructive feedback. If you know and recognize weak points, give them suggestions. However, if you can’t lead a horse to water and your boss doesn’t see an issue with their performance, it’s best not to step in front of the train.
I wouldn’t make blanket statements about not being prepared. Focus on a few key areas that are lacking and help make improvements. If counsel isn’t switched and pulls the trial through, it won’t look good for you if you say that atty isn’t doing a bad job. It’s a delicate balancing act.
Also that should have ready that the atty is doing a bad job. Not isn’t.
as stated above, you need to protect your client and say something. Worst case you are overruled by the stakeholders, best case they adopt your recommendation.
As in house you cannot be concerned with your personal fears of repercussion. Could you get fired for doing the right thing? Sure, but that’s a gift. Would you ever want to work for a company that would retaliate for upholding your legal ethics?
I appreciate this — really good advice. I will be more forward next week. I just wasn’t entirely sure of “my place” vs outside counsel when it comes to a trial. When I was outside counsel the clients were mostly hands off— and when they did have nit picky feedback I would comply. I try to give other professionals a good amount of autonomy… but this is an instance where I’m having trouble stomaching it. I have been giving feedback here and there, but I need to step it up before this goes south.
Rising Star
How many years out are you? And have you discussed your concerns with outside counsel?
Rising Star
I’d discuss with them their strategy and approach and be direct about concerns you have and problems you see. You’re the client so don’t worry about their reaction.