Texas Lawyer — Behind Enemy Lines: Employee-Side Lawyer Tactics

Texas Lawyer has signed up Alan Bush as a freelance contributor.  His latest article, "Behind Enemy Lines: Employee-Side Lawyer Tactics," appeared on May 14 in the In-House Texas pullout.

Here's what Alan had to say about how he stays one step ahead of employee-side opposing counsel:

Solid intelligence matters. Leaders strive to anticipate and undermine their opponents’ moves. Football coaches study an opposing team’s play calling. Generals track the enemy with satellites, spies and the Special Forces. Business executives monitor competitors.

In-house counsel’s role with HR is no different. Spotting a plaintiffs lawyer’s line of attack in advance puts the company in the driver’s seat. The trick is thinking like a plaintiffs lawyer.

I once worked at a firm that mainly sued employers. Now I’ve switched camps. No more plaintiffs work for me. Yet, having seen the enemy’s tactics tightens my counterattack.

Plaintiffs lawyers have less access to documents and coworker witnesses than the company, so they must win another way. They often adopt guerilla tactics — working from behind the scenes before the company realizes it’s dealing with opposing counsel. Let’s expose a few of their covert tactics...

Read the full article for more: Behind Enemy Lines - Texas Lawyer.