In our latest interview as part of Legal Transformation Week, Matthew Heyn, assistant general counsel at FIS, talks to The Lawyer about the transition from private practice to in-house, and how the pathways to a legal career have changed in recent years.
How can in-house teams help employees with the transition from private practice?
One key exercise that in-house teams can conduct with a new joiner, from private practice, is to identify the “must haves” in the company’s contractual negotiations and why. Whether the transitioning private practice lawyer was more of a generalist or specialist in their previous role, they need to know what really matters in their new role. Some companies will not entertain the concept of relinquishing IP rights for example, others may be open to the idea. Wide ranging indemnities may be a no go for one company but an easy(ish) give for another company. There may be Tax or Revenue Recognition considerations that are of paramount importance but would not necessarily be on the radar of a transitioning private practice lawyer. All these aspects will help define where the in-house team most usefully invests its time during negotiations and it’s crucial that a new joiner is brought up to speed on these areas as quickly as possible; not only from an efficiency perspective but also to build, or reinforce, confidence in the new joiner in their new role.
What are the most important skills for lawyers to develop when moving into in-house?
Developing a clear understanding of who can provide the different types of information you need and building and maintaining relationships with that network of people is critical in the in-house environment. There is often less “sign-posting” in the in-house sector and/or some individuals have multiple roles and responsibilities and navigating this landscape can require a different skill set to that utilised in private practice. Linked to this is learning to refine the guidance you give to your new internal “client”. It very often sits with individual members of the in-house legal team to manage the internal “client” business unit or function they are responsible for. Such responsibility necessitates a need to be more forthright (brutal) about managing expectations in terms of what is within scope for the in-house team and the time frame for a response from the in-house team. In most cases this is quite a departure from the private practice mindset/approach. In addition to these elements, understanding the importance of maintaining a clear distinction between the internal “client” and the legal function weighs more heavily on the in-house lawyer as that natural or literal “gap” is not apparent when you’re embedded within the business you are advising.
With recent developments in training and pathways into legal professions, what changes are you seeing in the legal workforce?
Since moving in-house, in 2012, I have been the supervising solicitor for three trainee lawyers, over a period of six years, who have each qualified via a slightly different route. I am currently manager and supervising solicitor for a trainee who is qualifying through the SQE route, taking one day a week study leave and having study leave for exams; this is compared to my first trainee who completed the LPC at night school over two years. Just taking this snap-shot, of the three trainees I have worked with through to qualification, you can see a huge variety in terms of the flexibility the developments in qualification pathways has offered them as individuals and us as a business. It may have been that my two most recent trainees would not have been able to complete a course at night school, if that was the only option to them, other than studying the LPC full time. I have definitely seen a greater breadth of applicant, in terms of profile, when we have been recruiting for roles most likely to attract trainee level applicants. There have also been changes in the legal workforce through lateral hires or “lateral qualification” where members of the broader team (like Corporate Governance/Company Secretarial) have seen an opportunity for qualification within the firm and have started down that path when they may not have otherwise done so without such flexibility.
Tell us 3 things that are on your bucket list?
Ski with my three children, own some pigs and see the aurora borealis.
