Daria Russell, senior counsel with Mattress Firm, is profiled by Texas Lawbook Founder Mark Curriden. But in a special Q&A she reveals what she looks for in hiring outside counsel, how she flyspecks a law firm’s first bill, advice to law firms regarding diversity and inclusion and the challenges she and Mattress Firm face during the era of Covid-19.
Curriden’s in-depth profile of Daria Russell can be found here.
Texas Lawbook: What do you look for when hiring outside counsel?
Daria Russell: I don’t have specific criteria that I employ universally, but I focus on relationships and trust. Do I know the attorney from a preexisting relationship? Was the attorney recommended? A prior working relationship is not always necessary. It could be an attorney that I am aware of through materials I’ve received, that has served as opposing counsel on an unrelated deal, etc.
Texas Lawbook: What does outside counsel need to know about you?
Russell: I am hiring OC because they are smart, capable and because I need them to do the work. If the work product is something that requires too much handling on my part – or there is no clear recommendation – then I feel as if I am wasting my time and MFI’s resources. I appreciate OC that will take the reins and run – keep me informed, define authority at the outset.
I am also hyperfocused on the first bill that I receive from outside counsel. To me it is the first impression and speaks to the tone of the relationship going forward. If I have a headache after the first bill, I am not likely to use that OC again or at least for a while.
Texas Lawbook: Obviously, race and diversity is a big issue today. The Texas Lawbook has published dozens of articles over the past eight years about the lack of diversity in the legal profession. Despite all the efforts, the numbers seem to barely move. Why is that? Are there actual solutions to improve diversity within corporate law firms and in-house legal departments?
Russell: I will sound like a broken record, but it is a systemic issue. I am not aware of any attorneys or colleagues that have had any outright animus toward me, based on my race. But I do believe that attorneys, as people, prefer to work with people that remind them of themselves, who they naturally feel more comfortable working with.
In a law firm environment, work and training – and ultimately opportunity – are allocated in this way. Your career trajectory can be decided very early on, based on implicitly biased assumptions – and you won’t know that you are at a disadvantage – because nothing is ever being expressly stated or explained – until it is too late.
So, I think if law firms want to improve diversity, they should recruit from broader/deeper rankings and then retain those associates by being fiercely intentional about allocating work and training equitably. Who is marking up the purchase agreement? Who is preparing resolutions and certificates? Who is responding to discovery? Who is drafting the motion for summary judgment? These things matter. Associates of color aren’t stupid and can feel when they are not “trained up” as well as their white colleagues.
As for in-house legal departments, flexibility is a start. Even though I graduated from Harvard Law and have “Big Law” experience, the lack of those things are not dealbreakers to me when it comes to new hires or attorney recommendations. I think about how a potential colleague will meet both the legal team’s and the business’ needs and go from there. Lastly, allowing attorneys flexibility. I am able to parent actively because my boss trusts me to do my job. No facetime. No clockwatching – just be responsible and provide excellent service to our business partners.
Many attorneys of color have incredible barriers that need to be overcome just to get to law school, let alone graduate, land a job and earn practical experience. There are so many pieces of the “success” puzzle that are just a mystery – at least initially – but we can figure those out – if given the opportunity and grace to do so. We need more allies committed to reimagining success and what that can look like.
Texas Lawbook: What have been the biggest challenges for you and the Mattress Firm corporate in-house legal department involving the COVID-19 crisis?
Russell: Fortunately for our team, the restructuring provided us with the muscle memory to deal with adverse economic conditions. We have been able to make adjustments very quickly. That being said, responding to a foe that is ill-defined is a challenge – it seems like every day there is something new about the virus and how it is spread, etc.
Working from home has been difficult, though. Many times, I find out about things that need my attention in passing or by quick hallway conversations. I am finding that my input may not be sought until a decision has effectively been made, which complicates matters, of course. I find that I have to proactively check in on chat, etc., to ask people how they are doing, what’s going on, etc.