FROM INHOUSE TO OUTHOUSE WORKING WITH OUTSIDE COUNSEL

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FROM IN-HOUSE TO OUT-HOUSE— WORKING WITH OUTSIDE COUNSEL John Alan Doran Sherman & Howard

FROM IN-HOUSE TO OUT-HOUSE— WORKING WITH OUTSIDE COUNSEL John Alan Doran Sherman & Howard Arizona/Texas 13 th Annual Labor and Employment Law Advanced Practices Symposium

STARTERS n n n Know your audience There’s no such thing as a bad

STARTERS n n n Know your audience There’s no such thing as a bad question In vino veritas… Hate the player… Counter-intuitive 13 th Annual Labor and Employment Law Advanced Practices Symposium

n THE EFFECTIVE ATTORNEY-CLIENT RELATIONSHIP Let’s talk money • Up front • Alternative fee

n THE EFFECTIVE ATTORNEY-CLIENT RELATIONSHIP Let’s talk money • Up front • Alternative fee arrangements • Estimates, budgets, and Santa Claus • Penny-wise, pound foolish n The Principal/Principle Conundrum • Considering settlement doesn’t make your lawyer a wimp n It’s a marathon, not a sprint 13 th Annual Labor and Employment Law Advanced Practices Symposium

n n THE EFFECTIVE ATTORNEY-CLIENT RELATIONSHIP Understand insist on proportionality Communicate, communicate n n

n n THE EFFECTIVE ATTORNEY-CLIENT RELATIONSHIP Understand insist on proportionality Communicate, communicate n n Passive/Aggressive costs you…a lot Plan regular calls • Discuss fees and costs regularly n The billing process • Discuss proportionality vs. kitchen sink n Don’t be “that client” 13 th Annual Labor and Employment Law Advanced Practices Symposium

EFFICIENCY TRICKS/TIPS n n Understanding lit holds, and having them at the ready If

EFFICIENCY TRICKS/TIPS n n Understanding lit holds, and having them at the ready If you can do it yourself, do it • IT sweeps • Document collection • Document hosting • Written discovery responses 13 th Annual Labor and Employment Law Advanced Practices Symposium

EFFICIENCY TIPS/TRIPS n Understanding what you can’t do yourself • Unemployment claims • Workers’

EFFICIENCY TIPS/TRIPS n Understanding what you can’t do yourself • Unemployment claims • Workers’ comp claims • Position statements • Forensics • Witness statements/declarations • Witness preparation n Be considerate of reputations and relationships 13 th Annual Labor and Employment Law Advanced Practices Symposium

EFFICIENCY TIPS/TRICKS n n Consider standard severance agreements Create a red flag checklist Consider

EFFICIENCY TIPS/TRICKS n n Consider standard severance agreements Create a red flag checklist Consider arbitration agreements, class waivers, jury trial waivers The dirtiest of dirty words: EPLI 13 th Annual Labor and Employment Law Advanced Practices Symposium

THE BEST TIP OF ALL n Lawyers are counselors • “A lawyer’s time and

THE BEST TIP OF ALL n Lawyers are counselors • “A lawyer’s time and advice are his stock and trade” 13 th Annual Labor and Employment Law Advanced Practices Symposium

Thank You! FROM IN-HOUSE TO OUT-HOUSE John Alan Doran Sherman & Howard Arizona/Texas jdoran@shermanhoward.

Thank You! FROM IN-HOUSE TO OUT-HOUSE John Alan Doran Sherman & Howard Arizona/Texas jdoran@shermanhoward. com www. shermanhoward. com Blog. shermanhoward. com 13 th Annual Labor and Employment Law Advanced Practices Symposium