Gregory S. Barnett*

In August 2008, Corporate Counsel asked 175 US companies what they look for when hiring foreign counsel. The results were not surprising. At the top of the list were lawyers with expertise and subject matter knowledge. But these are just the basics. American clients also want foreign lawyers who are fluent in English, communicate effectively, and provide client focused service.

According to a recent article posted by the US Department of Commerce's Bureau of Economic Analysis, US direct investment abroad continues to grow at impressive rates: 8% in 2008; 9.7% in 2009; and 10.2% in 2010. At the same time, mergers and acquisitions activity worldwide grew at 23% in 2010. As US businesses increase their involvement abroad, foreign lawyers must become more adept at representing them.

Wanted: A lawyer who 'really' speaks English

Finding a lawyer who speaks English is easy. Finding a lawyer who 'really' speaks English is more difficult. Language competency for a foreign lawyer means more than just being able to understand the language. It means being able to actively participate in conference calls, write detailed e-mails to clients, and read legal correspondence – all in English. It also means being familiar with legal terminology and concepts of common law. For example, the term "notary" has a different meaning in the United States than it does in Latin America. Recognizing this difference and being able to explain it to the client is essential to good lawyering. To effectively represent the American client, a foreign lawyer must be fluent in English and knowledgeable about US legal culture.

Wanted: A monochronic lawyer

Americans are monochronic. They strictly adhere to the clock, are punctual, and expect others to be the same. They hate waiting, whether for a meeting, document, or return phone call. Thanks to technology, lawyers can always be connected, and clients are fully aware of this. While some clients will expect immediate responses at all hours, most simply want to know that their lawyer is on top of what needs to be done. Communicate frequently, even if just giving an update on a project; return e-mails and phone messages promptly, even if just leaving a message that you will be in touch tomorrow; and never miss a deadline, even if it means working a few more hours. Being responsive and reliable are characteristics that will be looked upon fondly by your American clients.

Wanted: A lawyer who is focused on me

Clients paying for legal services want to feel that their money is well spent and that their lawyer is focused on them. These days, American clients are not interested in hiring lawyers that simply regurgitate legal doctrine. They want creative lawyers who are not afraid to think outside the box and provide practical solutions to their problems. They want someone who will be an advisor not only on legal issues but also on business issues. As a lawyer, it is important to understand the client's business. As a foreign lawyer assisting a US client, it is even more important to understand the entire context in which your client is operating, both back home and abroad. Only then will you be able to adequately serve your client's interests. Be proactive; identify issues before your client does; and find legal alternatives that satisfy your client's business needs.

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*Gregory S. Barnett is a foreign legal consultant with Angélico Advogados in São Paulo, Brazil. Prior to joining the firm, Mr. Barnett was a member of the global practice group at Greenberg Traurig, P.A. in Miami, Florida. Mr. Barnett has a Juris Doctor from Georgetown University Law Center in Washington, DC and a Master of Arts in International Law and the Settlement of Disputes from the Universidad para la Paz in Costa Rica.

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