What does a freelance in-house counsel do?
I often get asked what an “outsourced in-house counsel” or “freelance in-house counsel” is, and what we do.
The words “freelance” and “outsourced” don’t seem to correlate with the traditional concept of an in-house legal role, but there is a growing community of ex-in-house lawyers (or corporate counsel, as they are also called) who are taking their skills to the broader market and developing relationships with more than one client, bringing more variety to their practice of law and allowing for greater flexibility in their work.
The trend is also growing an awareness of, and access to, the skill set that an in-house lawyer brings to the table, for example for businesses that haven’t previously been in a position to bring on a full-time in-house lawyer.
Role of the traditional in-house lawyer
In-house lawyers are a business’s sounding board for legal issues that arise on a day to day basis, which makes the work incredibly broad. Depending on the size of the legal team and the industry in which the business operates, most in-house counsel may start out with one or more specialities but tend to become “generalists” over time, dealing with the busy demands of in-house practice.
In-house lawyers deal with contracts (lots and lots of contracts… review, drafting, negotiation, interpretation), regulatory work, corporate governance and company secretarial matters and business document review. They assist with development of new products and services, research legal issues and help the business to access and understand advice from external legal advisers on key matters.
The skill set of an in-house generalist is distinctive: resourceful, pragmatic and commercially minded, in-house counsel develop a deep understanding of their client’s business along with a thorough appreciation of the various legal and regulatory frameworks which impact them. They are able to identify and analyse a broad variety of legal issues and relate well to people across the organisation.
So, what does an outsourced or freelance in-house counsel do?
Well, take all of the above and then package it up as a service which is available to multiple clients on an on-demand basis, rather than the lawyer being employed by their one and only client.
Clients of freelance or outsourced in-house lawyers tend to fall into one of two categories:
1. Companies who already have one or more employed in-house lawyers but need an extra resource from time to time - for example to cover an absence, or to tide them over during a particularly busy period. These clients can also access ongoing, ad hoc support – for example, assistance with an individual matter, where the in-house legal team just don’t have capacity to get to it that week.
2. Businesses who can’t commit to employing a whole in-house lawyer to themselves, but don’t want to engage a traditional law firm every time a legal issue crops up. These businesses may need support on ad hoc matters (e.g. assistance with reviewing and negotiating a supplier contract) or prefer to have access to a freelancer on a regular basis (e.g. one day a week for ongoing work).
While some law firms offer subscription-type “in-house counsel” services, where businesses can access legal advice on the day to day legal issues that they encounter, these services may or may not be provided by lawyers who have actually worked in-house during their career. If “coal face” experience is important to the client, then they may prefer someone who has done a decent stint in-house, experienced first-hand the commercial realities of business operations and been involved in what is sometimes, quite frankly, the unglamorous, but very real aspects of in-house practice!
Where does a freelance in-house counsel work?
This depends on the freelancer. I work onsite at clients’ offices as needed, taking on some assignments which are more like a traditional contract role, for a set term. However, I also find that much can be done remotely once the relationship is up and running. I tend to work more with those companies who “walk-the-walk” when it comes to flexible working – it’s part of the reason why I established my own practice in the first place.
How do freelancers charge?
In-house counsel generally aren’t used to billing in 6-minute units and tend to come from the mindset of “how can I add value and what does the client consider that to be worth” rather than “how long did it take me to do the task”.
I have found it interesting that some clients nevertheless still prefer a time-based approach to fees, but there are plenty of other ways to engage an outsourced in-house counsel – day rates, fixed fee for ad hoc matters, or a monthly retainer for ongoing support.
How is your business set up?
I provide services via my own law firm, Annex Legal, which is an incorporated legal practice regulated by the Law Society of NSW: www.annexlegal.com.au
I’m always interested in hearing from other freelancers in this space - feel free to get in touch!
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