Texas Lawbook: Tell us about your Team.
Jay Old: A: Our legal department comprises seven lawyers and three staff members, which is relatively small for our company’s revenue size. Consequently, we remain extremely busy. Every year, we meticulously review thousands of proposals, drafts of new contracts, nondisclosure agreements, renewals and various other types of transactions. Our team members possess diverse backgrounds, but they typically come from private practice. Like other departments within Zachry Group, many of our lawyers have long terms of service with the company. One of our lawyers has been with us for approximately 20 years. He has held both field responsibilities and served as legal counsel, moving in and out of the operations department. Another lawyer, who I used to report to as my client contact at Zachry Group, now leads our risk and compliance group. I am immensely proud of the company’s approach of not confining its lawyers to traditional roles. Instead, it empowers them to explore leadership positions beyond the legal department.
Lawbook: How do you develop your in-house talent?
Old: Most of our lawyers had experience in construction litigation before joining Zachry Group. However, after arriving at the company, they have expanded into various other roles. While I strive to ensure that every lawyer in our office can perform the duties of others, we also establish a clear hierarchy of roles and responsibilities. Two of our lawyers are primarily responsible for negotiating [engineering, procurement and construction] contracts, which involve high-stakes negotiations of our most significant and intricate contracts. Others support the core pillars of our company, including our industrial maintenance and turnaround services, engineering, procurement, employment and brand management functions.
Lawbook: How does that transition from litigator to contract lawyer work?
Old: For most people it does not take long to pick up the nuances of contract drafting, as opposed to handling lawsuits. While I’m not involved in the day-to-day drafting of contracts, I’ve seen a progression in my own thinking, which I assume is similar to others. The more I became involved in construction litigation before I arrived at the company, the more fascinated I became with the process by which the contracts we were litigating over came to be formed. Sometimes, very obvious problems with the documents lead to major disputes. I always felt that if the people drafting the contracts had to litigate them when relationships fell apart, they would have a better understanding of what makes a good contract. While that thinking was a little naïve, I still feel very strongly that lawyers who have seen those disputes play out are best positioned to be able to help identify and hopefully avoid future problems by acting proactively in the drafting stage.
Lawbook: What would you recommend for people who thinking about positions like Zachry Group offers in the construction industry?
Old: When I first was contacted about handling cases for Zachry Group, I was told that if I wanted to be entrusted with the company’s litigation, I would be expected to become involved in the construction law section of our State Bar. I took that advice to heart, and through that almost 30-year involvement, I’ve gotten to know the best construction lawyers in the country. That one request enhanced my career immeasurably and ultimately changed my life. The amazing friends and professional relationships I have developed through my involvement in the section has helped me in virtually every aspect of my job. So, the first thing we look for in new hires is involvement in groups like our construction law section.