The Role of In-House Counsel

Practicing law in-house is often done at the tension point of enterprise growth and risk mitigation. This course explores the unique aspects of working as a lawyer within an organization's internal legal department. In order to provide a realistic appreciation and understanding of the role of in-house counsel, the course will utilize scenario-based group tutorials and simulations in which students will act as in-house counsel for a fictitious company in a specific industry. Areas covered may include contractual and employment matters, regulatory, compliance, internal investigations, enterprise risk questions and advising the Board of Directors and senior management. While the course will involve the substantive law of various areas relevant to the fictitious company's business and operations, the focus of the course will be on practicing and building lawyering skills that are critical for effective and ethical in-house practice. These include identifying and analyzing legally viable alternatives, and making recommendations, for the company to pursue to carry-out its business strategy and mitigate risks, as well as written and oral communications and presentations reflecting the same. As an overarching theme, the course will consider how to balance the important role of lawyer and trusted business advisor with the backdrop of the ever-present ethical and reputational considerations of the enterprise. This course is designed to provide students with practical skills (as well as opportunities to use and apply them) as they learn to identify and navigate the day-to-day challenges of the modern corporate counsel. Grades in the course will be based on scenario-based responses (presentation and/or written), a collaborative final group presentation, and in-class participation. CLASS SIZE: Limited to 12 students. NOTE: This course counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.