How did these changes affect Mastercard’s relationships with outside counsel?
Realizing that our in-house counsel maintains a professional and even social relationship with many of our panel firms, we never intended to harm that by forcing uncomfortable conversations about pricing, capabilities, diversity or other significant topics. Instead, the legal operations team stood in as an objective, logical party to negotiate with outside counsel without the direct presence of in-house counsel and thus minimizing any risk of in-house counsel losing face in a potentially adversarial negotiation.
Layering our negotiations with objective metrics such as rates and fees, expertise, diversity and ESG criteria to identify the preferred firms for each market has allowed us to provide unbiased recommendations to our counsel on firm selection for direct negotiations and RFPs which we run very frequently and rapidly.
Over your career, you’ve restructured legal and sourcing departments at BJC HealthCare and Chevron. What did those experiences teach you?
I am fortunate enough to draw my work and educational background from several countries: Canada, the U.S., Australia, South Africa, Japan, England and Angola. One of realizations has been that customers across industries and geographies all expect rapid turnaround of their needs. Purchasing and sales teams want to showcase their skills and offer a competitive advantage; other internal teams, such as legal and compliance, want as little—and as efficient—involvement as possible in contracting. Processes and technology, if left unchecked, get more complicated and spiral out of control. People rarely simplify the process, however, preferring instead to focus additional resources on solving the next problem and often adding even more complexity. This is why it’s so critical to embrace simplicity and speed.
By partnering with subject matter experts across functions to identify their requirements, you can establish a baseline of common understanding. From there, you can streamline the process to bring in only the required SMEs beyond your initial level of approval as needed, as opposed to in every instance.
To that end, how has AI improved decision making in legal operations?
Legal departments by nature are highly risk averse, so they’re often not the department leading with the newest AI innovations. There are, however, several areas of AI and process automation that have long benefited legal departments, albeit under different disguises and names, which are now receiving a facelift in accuracy and efficiency. Among these are legal research and e-discovery tools, which can rapidly scan and analyze an enormous volume of electronic documents, laws, regulations and data to identify relevant information for legal cases, reducing the time and cost of traditional document or case review without sacrificing results. Also, AI-powered contract analysis tools can augment current contract management systems to extract, categorize and review contract terms, clauses and key provisions. What’s even more interesting about these tools is that they no longer require months of “training the tool” and can produce results without precision searches—often by using natural language inquiries such as “which case or statute supports our patent litigation for financial services clients with these set of facts, in Denmark”?
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On 13 November 2023, firms that have at least one lawyer awarded in The Best Lawyers in Australia will receive outreach from the Best Law Firms International Research Team with the official Submission Packet. This packet will include:
Expanded methodology and FAQ pages provide more information about the submission process.
Over the last 14 years, Best Law Firms recognitions have been established as the most credible rankings of exceptional United States law firms. This year, for the 2024 edition, Best Law Firms ranked more than 16,000 law firms from its largest-ever participant pool of more than 97,000 submissions. This success has spurred the exciting expansion into the robust legal market in Australia, where Best Lawyers will bring a well-researched and comprehensive award program that acknowledges the prowess and accolades of the top law firms in the country. These awards are vital not only to the law firms that are recognized but also to clients who depend on the trustworthiness of awards like Best Law Firms.
Backed by a talented research team and a process that is long-tested and successful, Best Law Firms embarks on this next step to expand individual accolades to firm-wide recognitions in honour of the vast legal talent in Australia.
For questions about the process, please reach out to bestlawfirmsinternational@bestlawyers.com.
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Here’s how to set up in-house CLE courses for maximum effectiveness. ","Author":"","AuthorId":0,"AuthorType":"B","Source":null,"SourceUrl":null,"Caption":"Continuing legal education is a must for attorneys at all stages of their career. “Adult learning,” especially in a professional context, requires careful attention. Here’s how to set up in-house CLE courses for maximum effectiveness. ","Body":"In order for attorneys to maintain their license to practice law, most states require that they complete a certain number of continuing legal education (CLE) credits. Because of their important role as officers of the court and their involvement in the administration of law, attorneys are subject to rules of professional responsibility that regulate their conduct and impose special standards to protect clients and the public. CLE requirements work hand-in-hand with professional ethics rules to ensure that attorneys maintain a certain level of competence and expertise, as this educational programming helps them maintain and sharpen skills, reinforces their understanding of basic principles and keeps them up to date on new developments that affect their practice.
Many law firms have become accredited CLE providers to offer their attorneys the convenience of in-house seminars that target certain topics and issues that are particularly relevant to the firm’s practice areas. What best practices can firms implement to make their in-house CLE courses engaging, innovative and transformative? What are the keys to making the most of these sessions so they have the greatest impact?
As the immediate past chair of the Minimum Continuing Legal Education Board of the Illinois Supreme Court, I (along with my colleagues) regularly examined research and studies on adult learning to better understand the theories that enhance education and make CLE more attractive and useful to attendees, who also happen to be busy attorneys.
Let’s face it: Practicing attorneys are often strapped for time, trying to find enough hours in the day to deal with the pressures placed on them. They daily juggle client demands, court deadlines, billable hour requirements, business development tasks and family responsibilities. Adding an additional requirement in the form of CLE can cause attorneys to view the sessions as a burden, even though they understand that the law is continually in flux, and it is important to keep up with new developments to effectively represent clients. What can firms do to spark interest in this programming and make it engaging so attorneys want to participate?
One major takeaway from the research on adult learners is that they learn best by doing. This means that when devising course content, focus on the experiential and interactive rather than simply presenting a lecture. Remember: Your audience is made up of attorneys who have handled legal matters with differing experiences and outcomes. Do your best to connect the program content with these experiences, enabling attendees to understand the material in a familiar context. Include discussion of real-world applications and hypotheticals so the attorneys can understand and visualize how to apply what is taught. Often, including “war stories” of how someone effectively dealt with a similar situation can be helpful, as studies show that storytelling resonates and stays with an audience.
Adult learning research also indicates that courses are most effective when attendees are given clear objectives for the session and understand the relevance of the topic. Learners are more likely to be engaged when they understand what they are expected to learn and why. At the get-go, clearly state the purpose of the session, then link the relevance of what is being taught to daily practice.
Along those lines, keep the presentation organized and structured so that it’s easy to follow and digest. When moving from one section to another, ensure easy transitions by recapping and summarizing the key points so that everyone is on the same page before a new topic is introduced. Also, build in time to answer questions, either at these transition points or at the end of the presentation. However, make sure to keep Q&A sessions focused—don’t let them detour too far afield from the issues addressed in the program.
Also, consider including breakout sessions so attendees can immediately test the information they’ve just learned. Studies show that adult learners focus on trying to solve new problems and want to apply new learning immediately. The separate session can address a relevant hypothetical to give attendees the opportunity to use the new information in a real-world environment. Breakouts can be done both in-person and online, depending on the program’s format. If it’s online, it may be helpful to include a live chat to allow attendees to discuss points, take notes and ask questions. This may encourage those otherwise hesitant to speak up in a group setting to participate and engage in the discussion more fully.
Make the presentation visually engaging. There’s no doubt that we’re in an age of visual information, with visual content playing a role in every aspect of life. Research shows that the majority of the population are visual learners, which means people need to see information to absorb it. Helping attendees “see” and remember information entails highlighting key points with a variety of colors, fonts, pictures and graphs.
Studies also reveal that adult learners value having input into how they’re being taught. To that end, involve them in planning by soliciting ideas for topics that would be helpful to them and their practice. Be sure to gather feedback at the conclusion of the session and use those comments to plan future courses. Offering sessions throughout the year is beneficial, too, as it allows attorneys to pace themselves and not become overwhelmed with an information deluge all at once on the eve of the CLE compliance deadline.
In sum, when creating course content and delivery, following these practices can help make your in-house CLE more engaging and valuable to your attorneys. 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Jochner","AuthorType":"Lawyers","AuthorId":169506,"AuthorImageUrl":"https://cdn.blrankings.com/best-lawyers/lawyer-images/michele-m-jochner-169506?t=2023061514561149"}],"SearchItemType":8,"SearchItemTypeName":"Article","SearchSortOrder":3,"SortTitle":"continuinglegaleducationforlawyers","HideFromSearch":false},{"LexicographicSortName":"negotiationinsightsforlawyers","DocumentId":5595,"Id":5595,"Title":"A Lawyer's Guide to Negotiation","SeoTitle":"Negotiation Insights for Lawyers","UrlTitle":"negotiation-insights-for-lawyers","Meta":"A lawyer’s guide to eight negotiation insights inspired by Shakespeare by an experienced Chicago lawyer Edward Casmere, partner at Riley Safer Holmes & Cancila.","Author":"","AuthorId":0,"AuthorType":"B","Source":null,"SourceUrl":null,"Caption":"Eight negotiation insights inspired by Shakespeare.","Body":"Negotiation is a critical skill that is sorely misunderstood and all but ignored in law school curricula and firm training. While a select few might be gifted with a talent for negotiation seemingly from birth, the rest of us must hone our skills at a “petty pace from day to day to the last syllable of recorded time” (Macbeth). While “all the world’s a stage” (As You Like It), it’s also a classroom. One need not look hard to find lessons in negotiating all around us—sometimes in the unlikeliest places, such as the plays of William Shakespeare. Here are eight such insights drawn from the Bard of Avon’s unparalleled prose.
“Do not cry havoc where you should but hunt with modest warrant.” (Coriolanus) Negotiation is a process, not a competition. You need the right mindset—you’re trying to get an agreement, not win a debate. There’s no need to try to take by force what someone will give you willingly.
“But this swift business I must uneasy make, lest too light winning make the prize light.” (The Tempest) It’s not always important to move first, but your first move is always important. Anchoring and the “first-mover advantage” are legitimate, proven concepts that can psychologically affect a negotiation, but that doesn’t mean it’s always best to go first. In fact, doing so can backfire if you miscalculate or misunderstand your counterpart’s position, leverage or perception of value.
“For they say every why hath a wherefore.” (The Comedy of Errors) Find common interests and focus on them. Don’t assume what those interests are—ask! Be curious. You can’t find common ground if you and your counterpart are not looking at the same landscape.
“Though this be madness, yet there is method in ’t.” (Hamlet) Listen to hear and understand the other side’s perspective, not just to respond to what they say. Learn the forces that weigh on them and use that knowledge to inform your moves. Try to frame the negotiations and structure of your proposals in a way your counterpart (and the people to whom he or she answers) will find attractive.
“A night is but small breath and little pause to answer matters of this consequence.” (Henry V) It is difficult, if not impossible, to persuade by brute force or bombarding your counterpart with “facts.” Nor can you force someone to feel that your proposal is acceptable; they must do so at their own pace.
“Suit the action to the word, the word to the action.” (Hamlet) How you say something can be as important as what you say. Be respectful but firm, and mindful of your tone. To paraphrase Maya Angelou, people may forget what you say, but they will never forget how you made them feel. Academic studies have shown that people overwhelmingly deduce feelings, attitudes and beliefs about what someone says by the speaker’s body language and tone of voice.
“This offer comes from mercy, not from fear.” (Henry IV, Part 2) Ego—both yours and theirs—is an enemy. Beware of vanquishing the other side. The problem with people who are backed into a corner . . . is that they’re backed into a corner. That can be dangerous and quickly derail a deal and a relationship. Consider ways you can create options that are acceptable to you but that also offer your counterpart a face-saving choice. Recall also Portia’s words from The Merchant of Venice: “The quality of mercy is not strained. It droppeth as the gentle rain from heaven upon the place beneath. It is twice blessed: It is blessed him that gives and him that takes.” Be careful, though, to heed as well the words of a senator from Timon of Athens: “Nothing emboldens sin so much as mercy.”
“Fair is foul, and foul is fair.” (Macbeth) Beware—and be aware—that fair is an explosive four-letter f word. It is likely that you and your counterpart will not agree on what it means in the context of your negotiation.
Shakespeare gives us many other lines that serve as excellent negotiation lessons: “The lady doth protest too much, methinks” (Hamlet); “blood will have blood” (Macbeth); “the empty vessel makes the greatest sound” (Henry V). But perhaps Shakespeare’s greatest insight for negotiators is from Hamlet himself: to be a truly effective negotiator we must “hold as ’twere the mirror up to nature” and be honest about the image that reflects.
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Why do I have to go to bed? When thinking about assessing, managing and resolving disputes, we older folks can benefit as well from asking more “why” questions rather than assuming that whatever is before us has been well thought out.
I’ve been able to test this strategy in three general counsel roles, each with similar results and benefits. Allow me to explain.
With no prior in-house experience, I was hired as general counsel by a previous client—a Fortune 1000 company without in-house attorneys. After I cautioned the CEO that I didn’t really know what general counsel do, he replied simply, “You’ll figure it out.” That feedback emboldened me—I took it as permission to go back to basics, or what I like to call practicing curiosity.
As you might suspect, a new GC typically inherits an array of active and threatened disputes, some bigger and more disruptive than others. Stepping into my first GC position and two that followed, I kept my process the same: Review each matter bigger than the proverbial breadbox in order to assess whether the company was on the best path.
Interestingly, the results of that review were nearly identical at all three. Most of the time our legal position appeared strong (the “good” disputes); some were less clear about the merits of the course we were on (the “ambiguous” disputes); and some appeared to make little sense when I measured our prospects of winning and the anticipated costs of getting there (the “bad” disputes).
Less clear across all three categories was why we were actively litigating rather than trying to solve the matter promptly via direct negotiation or mediation. We therefore instituted the rule of practicing curiosity, both internally and externally.
Thus: If our legal position appeared good, why not show the other side our best case right away to prompt a compromise reflecting that reality? Likewise, even if we were confident about our position, why not learn from our counterpart if we had missed something important? (It does happen from time to time.)
If our position was ambiguous, meanwhile, why not talk directly to the other side to better understand what they saw differently? If they had information to support their contrary view, wouldn’t we be better off knowing that sooner rather than later? Conversely, if they miscalculated, wouldn’t we want to show them our best case immediately, before direct and sunk costs grow all around?
Finally, if the dispute appeared bad for us from the outset, why would we think it might improve, rather than metastasize, over time? How would kicking the can down the road produce a better net result for us, factoring in direct legal expenses and indirect costs related to people and overall disruption?
All these categories warrant engaging early and often with opposing counsel, practicing genuine curiosity as well as sharing information. Think of it as show and tell: You can’t be fully effective without doing both. In every instance, doing so dramatically reduced the average direct and indirect costs and time required to resolve most disputes, compared to earlier periods when the company followed the same old, same old litigation path.
Importantly, practicing curiosity does not mean immediately defaulting to mediation. While an experienced mediator can facilitate an exchange of information and in turn help settle the dispute, direct exchanges between adversaries may suffice to strike a deal.
As we learned, some disputes still require a third-party neutral. However, prior and direct dialogue between the two sides helps everyone prepare for mediation. Especially when other constituents or decision makers are involved—senior executives, insurers, family members—pre-mediation discussions enable everyone to realistically handicap a dispute’s upsides and downsides, improving the prospects of a mediated outcome.
Why don’t people do this all the time, then? Here are a few common rationales, along with my rebuttal.
For strategic reasons, we can’t detail our claims and defenses early on. Yes, situations exist in which one side doesn’t want to disclose its position until after a key deposition or two. But such scenarios are rare in the real world. Typically, skilled counsel and clients anticipate arguments and alleged facts, so direct dialogue can proceed at the outset.
For reasons of precedent or principle, we can’t talk settlement. In truth, most situations are unique, and no real precedent is at stake. As well, a purported precedent might turn out to be a bad one, depending on how the current litigation ends.
The argument about principle is similarly overused, predicated on the notion that a win here will deter other, similar claims. No data exists to support that premise—I know this, having asked for it over decades in the mediator’s chair. Equally important, competent counsel generally won’t be deterred from pursuing a meritorious claim no matter how an earlier case ended.
The other side won’t listen to reason. It is true that experienced counsel sometimes discourage early settlement talks because the counterparty has been unreasonable or obstreperous, citing examples of satellite disputes or uncivil behavior. But in my experience, we decided to plow forward anyway, usually with positive outcomes.
Aided by a mediator skilled in managing the room as well as the case assessment, the putative bad behavior rarely emerged. Indeed, skilled counsel are usually skilled in valuing disputes. When one is armed with key facts and a neutral’s perspective, the dispute usually heads toward the appropriate valuation. Time saved, money saved—and sometimes people saved as well.
The trend away from early, substantive dialogue between adversaries has been costly in all these terms. But it can be reversed. Channel your inner child. Ask the most basic “why” questions—of your folks and the other side alike—from the outset, and keep asking them. Show and tell works.
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Two DEI legal leaders weigh in on why such programs are still needed—and beneficial. ","Author":"","AuthorId":0,"AuthorType":"B","Source":null,"SourceUrl":null,"Caption":"Corporate programs to promote diversity, equity and inclusion have come under increasing scrutiny in the wake of the Supreme Court’s June Students for Fair Admissions decision striking down college affirmative action. Two DEI legal leaders weigh in on why such programs are still needed—and beneficial. ","Body":"In recent years, corporate America has rapidly boosted implementation of programs focused on diversity, equity and inclusion (DEI). Many Fortune 500 firms have not only dedicated time and resources to the cause but have created new positions for diversity-and-inclusion officers in the C-suite. Between May and September 2020, DEI-related job postings nationwide increased by 123%, according to the consultancy GRC Insights.
The recent U.S. Supreme Court decision prohibiting race-conscious affirmative action in college admissions, however, has prompted many to ask whether DEI programs are still desirable. At the Chief Litigation Officer Summit hosted by the Marcus Evans Group in Carlsbad, California, this September, prominent corporate lawyers—Sheronda Rochelle Blackburn, and Josi Swonetz—pondered this question, offering their personal insights into why DEI programs remain important and how law firms and other businesses can continue to integrate them.
Why are diversity, equity, inclusion and belonging important in both the law and business?
We have seen firsthand how diversity drives innovation, better insights and better decisions throughout our careers and across the globe. Allowing people to bring their unique life experiences and perspectives to the table in a professional environment broadens outlooks. Similar people tend to think in similar ways, reach similar conclusions and have similar blind spots. Five team members brainstorming five ideas each can lead to between five and 25 ideas, depending on how similar or different their life experiences are. Research has also shown that diverse teams are better at making decisions 87% of the time over non-diverse teams.
BIPOC attorneys—those who are black, indigenous or other people of color—are just 21.1% of all lawyers and 11.1% of equity partners in U.S. law firms. A legal team made up of individuals with diverse backgrounds and perspectives leads to improved problem solving, fosters critical thinking and better advocacy skills, and results in more innovative ideas.
While increasing diversity is a first step, though, it is not sufficient. Employees need to feel that they have a voice and place at the table and that their work is valued the same way as their non-diverse counterparts. This is where inclusion, equity and belonging play a role. DEI+B creates a workplace that is welcoming to all employees and helps foster engagement, motivation, community and employee satisfaction. It’s also a useful tool for managing workplace difficulties including employee disengagement, “quiet quitting” and worker burnout. DEI+B focuses on creating an environment of psychological safety and inclusion enabling all workers to reach their potential. In addition, DEI+B activities and employee resource groups (ERGs) increase worker engagement, which in turn increases retention.
Lastly, DEI+B is also just good business. Having a diverse and inclusive workforce at all levels leads to increased profits. In fact, recent studies show that companies with highly diverse teams have an increased cash flow of 2.5 times per employee and are more productive by 35%. The same is true of law-firm profitability. Much of this can be attributed to the increase in demand and accountability over the past few years by corporate clients wishing to engage with more diverse law firms. Simply put, companies want to give their outside-counsel budget dollars to law firms that demonstrate a commitment to diversity. Many in-house clients will even ask beforehand about the makeup of the team representing them to ensure such commitments are being met not only in numbers but in practice.
What tips do you have for a company or firm to foster a more inclusive, equitable and diverse environment?
Josi Swonetz: Engage their employees and hold them responsible. ERGs are a wonderful means to provide a safe place for employees to be heard, but they need support from the company, including a platform and resources for development and training. Companies should also ensure that employees have the space and support from their managers to engage in DEI efforts. Finally, companies should continue to have courageous conversations about hard topics that affect their employees.
Sheronda Rochelle: Buy-in and messaging from the top down is key to creating a culture in which DEI becomes more normalized. Such a commitment from leadership includes investment in training, ERGs and diverse talent development from pipeline to retention. Organizations should also create safe spaces for employees to bring their authentic selves to work, especially at times when the outside world is so full of identity related complexity. Lastly, there are so many organizations out there doing great work in this space in the legal profession. Supporting and partnering with these organizations is an effective way to learn, invest in and advance your legal department or law firm’s DEI work.
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