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The last post "Top 5 things to be taken care of while hiring an external counsel' was on hiring of the counsel. Now it is the time for briefing..

Many a time briefing the external counsel is a challenge. Especially if you are asked to do so at the last moment for a crucial litigation.

An external counsel is beyond your internal code of conduct. He could ask for any paper which is not privy to you. He could criticize any action taken by the management. and..well.. the fate of conference is largely depends his mood of the day.

Attending a conference without preparation is suicidal.. It’s always better to bunk the session if you haven't (experience makes a lawyer wise). There are at least three irreparable risks attached to going without preparation:

(a)    you will cut a sorry figure before a bunch of junior lawyers sitting with Senior (long term damage).

(b)    the counsel may share your 'helplessness' with your boss(es) in a party. He may forget then; but your boss may not.

(c)    the fate of the case in hand.

Therefore, prepare well before the conference.

In my view, at least, you should consider the following aspects before Briefing:  

  1.       FAQ (Frequently Anticipated Questions) keep a list of FAQ and its answers. Empathy helps (its okay for lawyers also         to attend some HR training some time) 
  2.      Analysis:  Ask, discuss & understand the operational issues in the matter. Sit with concerned teams & listen, make          notes. Take them with you, if required. It’s always better than fumbling. It also helps in sharing the responsibility; 
  3.      Punctual: Be well in time ("even if you are ten minutes early; still you are five minutes late" a Chinese Proverb)  
  4.      Systematic Keep all documents ready with extra copies. Nothing better, if you could make a file with a chronological        history. (Courtesy of PSU experiences)
  5.      Honesty: avoid bluffing; make it clear that you don't have an answer/document at this moment; but it is being               served. It is the most appropriate gesture; Nobody is expecting you to carry everything.. and a bonus point…
  6.      Never discuss the office politics with an external counsel.
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