Common Council
_Serving Many Clients in Common
Some describe the challenging task of satisfying the related but sometimes competing needs of companies sharing counsel as "herding cats." The same is sometimes said of other pursuits, as well, such as coaching individualistic athletes, leading professional association committees, chairing community boards and facilitating settlement among litigating parties. I see the role of common counsel as requiring skills to address a different set of challenges. To me, "herding cats" implies trying to steer the beasts toward my desired goal. As a coach, I have to do that. As chair of a community board, I had better do that. But when serving as common counsel, my focus is on understanding the varied needs and interests of the group members. It is on planning ahead to identify possible areas of dispute and common interest to help the group maintain a shared focus. If there is a conflict among the group members I represent in common, I will work to identify it before it becomes an obstacle. That may allow us to work through or avoid the conflict. At a minimum, I will attempt to put a possible resolution in place before the possible conflict or dispute has broken the surface. In my experience, every corporation has a culture and plan for working with competitors, customers, agencies and counsel. I make it my goal to understand what matters to each group member and to attempt to tailor action to fit the needs and expectations of all. Each group has a purpose. Keeping that shared purpose in mind helps guide me as common counsel, and helps us work together to achieve that common purpose. |
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