In this Q&A with The Texas Lawbook, Stephen Cole discusses the traits he seeks in outside counsel, what outside counsel need to know when working with him and more.
Texas Lawbook: What do you look for in hiring outside counsel?
Stephen Cole: We have firms that we use often, because they have achieved positive results for us. But we’re also always open to forming new relationships — at bottom, every case we are looking for the best fit, whether that’s someone we’ve worked with before or not. Most cases … we need a specific subject matter expertise, so that’s where we start. Then, of course, there can be considerations such as forum, opposing counsel or other factors that can play into the decision. And obviously the cost has to be right-sized for the matter at issue. Every case is its own process.
Lawbook: What does outside counsel need to know about working with you?
Cole: As someone who worked at a trial boutique, I am looking for outside counsel who approaches every case from the standpoint of, “We’re going to try this case, and we’re going to win it.” You know that’s the approach that you’re getting with Jeremy Fielding. His focus is constantly on the ultimate outcome, and [he] sees every aspect of a case from that vantage point. That’s one of the reasons why Jeremy is always a step ahead of the other side in a case. It’s a rare skill. Of course, most cases don’t make it to trial, so it’s also important to have counsel that can and will effectively advise you of when it makes sense to settle. But in my view, the best way to achieve a favorable settlement is to work from day one on positioning yourself to win at trial.
Lawbook: What are your pet peeves with outside counsel?
Cole: Most of the pet peeves I have with outside counsel can be summed up as poor communication. Seeing my first draft of something the day before it’s due; only learning we’re over budget when the bill comes in; not setting clear agendas for calls and meetings in advance so we’re not being efficient — things like that.
Lawbook: What are pro bono or public service efforts that you would like us to highlight?
Cole: I’ll take this opportunity to highlight an organization that my brother, Daniel Cole, helps to lead — Gracewater. Gracewater is a charity that builds wells in water-starved areas of Africa, and also trains young adults in Zimbabwe in farming skills. I’m amazed by the work they do and would encourage anyone to check out the organization and consider donating.
Lawbook: What question am I not asking that I should be asking?
Cole: I wanted to take a minute to talk about the other finalist. I am truly honored to be recognized in a category alongside Trey Cox and Sam Hardy, both of whom I count as mentors in my own career.
Trey is an incredible leader who helped create the culture at Lynn Pinker where young litigators grow and thrive, and is continuing that work now at Gibson Dunn. Trey helped me understand that real growth and maturity comes from working outside your comfort zone, and he was and is always generous with his time and intentional about creating opportunities for younger attorneys. This is all, of course, beside the fact that he’s just an incredible trial lawyer, both inside and outside the courtroom.
And Sam probably doesn’t even appreciate how much I learned from him in our time together at LPHS. Very early in my career, when he was still a senior associate, he taught me what persuasive legal writing actually looks like. He also has an almost uncanny ability to argue convincingly from any side of an issue. Sam is the kind of lawyer you love to have on your side and don’t ever want to be against.
It’s a real badge of pride for me to be considered for an award in the same breath as Sam and Trey.
Click here to read the Lawbook profile of Stephen Cole.