WHEN I WAS approached by West Publishing to do a book review, the prospect did not fill me with dread. In my previous book reviews, the subject of each publication had been relatively narrow in scope and manageable in reach. Picking out strengths and weaknesses became a relatively straightforward task.

It was therefore with considerable trepidation that I opened the lid to the banker’s box delivered to the office by the publisher. As I hauled the four volumes onto my desk and fingered through the detailed index and table of contents, I realized that I was in for an extensive and challenging task.

Successful Partnering Between Inside And Outside Counsel, published by the American Corporate Counsel Association and West Group under the general editorship of Robert L. Haig, is an ambitious examination of the ever-changing relationship between corporate and outside counsel. Realizing at the outset that I would not get through all 80 chapters and over 6,000 pages of material, I quickly concluded that merely reviewing all of the subjects and chapters contained in the treatise would be a daunting proposition.

Having viewed the immensity of the task at a distance, I decided to test the mettle of the compendium by making a list of issues I had witnessed or encountered that invoked the contours of the relationship between corporate counsel and their private law firms. I make a living doing business litigation, so I naturally gravitated to those portions of the treatise.

My surprise was that in exploring the chapters on handling expert witnesses, dealing with discovery, preparing for trial, and the like, I discovered that the authors not only set out the objective concerns and rules governing each individual subject, but more interestingly, provided well-written, provocative insights, some anecdotal and some not, as to how the inside and outside attorney can help each other and work as a team. For example, in chapter 62, which deals with expert witnesses, the author points out a nuance that I have learned the hard way: Experts may have the appropriate technical background, but they need to be educated as to the appropriate terminology that is used within the culture of the corporate client. If your client makes "propulsion units," you want the expert to be coached on using that term, not on discussing the issue in terms of "engines" or "drive units." Picking up on the language of the corporate client has obvious benefits for the actual courtroom testimony, but has more subtle benefits in the expert’s interface with the corporation’s internal engineers and product development staff. If the outside expert uses the wrong terminology, it is just a matter of time until the corporate engineering staff complains to general counsel, who raises the issue to you as outside counsel.

Many of the book’s sections that deal with the strategic decision-making process of getting into litigation in the first place, and then managing it once started, contain excellent and wide-ranging comments about the need for close communication and cooperation in order to evaluate all opportunities for resolution as they arise. Chapter 65, concerning settlement, has a particularly apt discussion of the need for outside counsel to truly "partner" with his or her corporate counterpart as to whether settlement terms or possibilities exist. In short, the message is to "think outside the box" and keep focused on what the realistic "objective" of the litigation is.

Having personal experience in a recent case involving technology transfer issues, I skipped to chapter 49, which deals with corporate information technology transactions. Again, the narrative was readable, informative and effective. In my case, I had found understanding the technology so daunting that I was sorely tempted to rely on the client’s corporate technology people to draft the guts of the transfer transaction and detail what the ramifications would be. I forced myself, however, to understand the important components of the technology that needed to be protected in the settlement of the litigation. Thereafter, I was able to pick up issues that could have been potentially crippling to the transaction. Within a few minutes of poking around this chapter of Successful Partnering, I located that precise advice in considerable detail, with further reflections on the appropriate role for outside and in-house counsel.

The treatise contains numerous chapters on partnering in various substantive areas of the law, such as employment, securities, real estate, environmental and intellectual property, to name a few. The book also features an interesting compendium of six case studies that present cutting-edge issues in the corporate/outside firm relationship. These case studies include the well-known DuPont legal model, as well as litigation management programs at ServiceMaster, Wal-Mart and Ford. A number of ethics issues are discussed at length in the book, and there are chapters on lobbying, civil justice reform, professionalism and management of a small law department.

Use of the treatise is enhanced by two factors. First, there is a very usable and extensive 276-page index. Perhaps even more user-friendly is the compilation of the forms from the book into four computer disks. Electronic editing is a great time saver.

The true test for a book like Successful Partnering Between Inside And Outside Counsel is whether it is a treatise that will actually be pulled out and utilized by personnel in a general counsel’s office or in a law firm. I found the answer to be a resounding "yes." The ABA, through its "Seize the Future" conferences and many other initiatives, has chronicled the fast-changing nature of corporate/law firm relationships. Clearly, the way to the future is toward collaboration, counseling and partnering. While these are euphemistic terms, what they really connote is the need to develop a strong sense between corporate law departments and private practitioners that their work on behalf of the corporate client is truly a "value-add." Successful Partnering Between Inside and Outside Counsel provides a forward-thinking and definitive guide for attorneys looking to build upon and improve that relationship. This publication is an outstanding resource for problem solving and improving the interactive relationship through thoughtful, proven strategies. It will be on my bookshelf.

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