As the strength of US patents has waned over the past decade. More companies are seeking higher quality patents from their outside counsel. In taking a closer look at the inconsistencies in work product that often arise. From less-than-ideal in-house and outside counsel relationships, in-house counselors have started brainstorming ways to improve the foundation of this working and attorney client relationship.
This examination emerged from a webinar conversation between Gene Quinn, CEO/President of IP Watchdog, and Ben Brown. Assistant General Counsel, Intellectual Property at Analog Devices. Ben wanted to find creative solutions to improve his working relationship with outside counsel and, from a big picture, uncover what a good relationship between the two parties looks like. Gene and Ben both agree that there is a lot of room for improvement in how in-house counsel interfaces with outside counsel.
The webinar focused on uncovering the attributes that make up good outside counsel and how attorney relationships can improve. Both Gene and Benn agreed that chief among these attributes is good communication and that the biggest difficulty with the outside counsel/in-house counsel relationship is not communicating with one another.
What are the underlying complications in the in-house and outside counsel relationship?
A 2012 American Bar Association survey of in-house counsel found that poor communication is the most cited reason. That outside counsel is replaced. Gene and Ben noted that surprises and errors, especially those that are high visibility, upset internal stakeholders and demonstrate poor management. Basically, when the relationship between in-house and outside counsel is strained, it makes in-house look bad while making his or her life hard.
Clear responsibilities and effective coordination are essential when different teams work together toward a common goal. Understanding what an internal salesforce is can also help businesses recognize how internal teams support communication, manage customer interactions, and coordinate their work with external professionals.
” They manage a team of outside patent attorneys that do the work of drafting claims, submitting applications, speaking with the inventors, etc. The in-house attorneys are more big picture and oversight, while the outside counselors are more hands-on. Often, there is a disconnect in terms of expectations, and crucial information slips through the tracks.”
How does one create effective outside counsel?
The single most important aspect of creating effective outside counsel would be the skill of communicating information clearly. The most effective outside counsel would not only be concerned about the in-house firm and its clients but also know exactly what is required of him/her. As the leader in writing claims and submitting provisional patent applications, ideal outside counsel will be creative and think outside the box to find new ways to solve problems and improve existing methodology. Basically, an effective outside counsel will look good while making your life easy.
Technology can make these working relationships easier to manage by keeping contact details, communication records, and important updates organized. Learning about how CRM systems support relationship management can help organizations improve information sharing and maintain more consistent communication with clients and professional partners.
Houvener expands on this and says that he has ideal outside counsel. He seeks “someone that can do a lot of good work without a lot of supervision. The person should not need a lot of oversight but be responsive and accountable. He or she knows your needs without having to ask and sees the bigger picture.”
Maintaining strong professional relationships also depends on staying engaged, responding promptly, and understanding the needs of the people you serve. Businesses can apply similar principles to develop an active customer base by communicating consistently, building trust, and encouraging meaningful long-term interactions.
Most importantly, outside counsel often communicates directly with the client and is seen as the face of the relationship.
Objective framework for evaluating outside counsel performance
Specific performance metrics that should be used are:
Speed: efficiency, meeting deadlines, quick turnaround, and speed of delivery of work product.
Spend: being on budget, forecasting and planning, and understanding spending rate.
Feedback: customer survey and internal counsel judging the quality of the product.
Quality of work product: use some standards and criteria to grade consistently. Clear and practical reference materials can also help professionals communicate technical information more accurately. For example, a 14 cm to inches conversion guide provides a quick measurement reference, illustrating how straightforward resources can make specific tasks easier for readers.
Strong client relationships can also create opportunities for repeat business and referrals. Professionals who deliver reliable service, communicate clearly, and respond to client concerns can use these practices to boost their sales while building a reputation for quality and dependability.
Practices that will help outside counsel develop relationships with clients and expand business.
For businesses that provide professional services, tracking client interactions and evaluating each stage of the sales process can also support sustainable growth. Understanding the B2B sales funnel helps organizations identify potential clients, manage follow-ups, and build stronger business relationships from the first inquiry onward.
Conclusion
It is essential that both parties have efficient and effective communication between them. It is recommended to send short emails and discuss things right away in the phone call without seeming rude. Do not use any complicated language or terms. It is especially important when outside counsel contacts inventors and clients.
Seek feedback from one another and from clients about the essential elements of improvement. This can be accomplished by sending out an email survey to each client after the completion of a large-scale project. Building trust requires more than occasional communication; it also involves understanding expectations, responding to feedback, and delivering consistent results. Professionals who want to build a strong client relationship should prioritize transparency, reliability, and regular communication throughout every stage of their work.
Finally, when it comes to the performance evaluation of outside counsel, it is necessary to integrate speed, spend and quality performance criteria into one picture.