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Mattress firm senior counsel Mindy Harper has been a key figure in helping to stabilize the bedding behemoth following several years of turmoil. She discussed her mentors, life path and philosophy of legal management with Texas Lawbook Founder Mark Curriden.
The Texas Lawbook: Who are the mentors in your life?
Mindy Harper: The women in my family are my life mentors. I’ve never seen anyone work as hard as my grandmother, aunts and my mom. They pursued careers, raised children, navigated and surmounted various challenges and setbacks and encouraged me to do the same. They taught me not to dwell in the past or sit on the sidelines.
I have been incredibly fortunate to work with and learn from amazing people throughout my career. Linda Addison and Reagan Brown at Fulbright, Rosamaria Villagomez at Cooper and Rob Hora at Baker Hughes all played pivotal roles in my development as an advocate and in-house business partner.
Find the the full-length profile of Mindy Harper here.
Lawbook: What are one or two life-impacting experiences?
Harper: Starting a family while I was in law school impacted me in every way possible, because I started my career with a family to support and little room for wasted time or effort. My husband left college and went to work full time while I was in law school, and our oldest son was born during my third year. After I graduated, my husband went back to school to finish his degree in education. I quickly learned about priorities and perspective, which can be difficult for lawyers of any age to manage.
Lawbook: How involved do you get in your company’s litigation matters? Do you attend depositions, hearings, trials?
Harper: I am very involved in my cases, but I do not micromanage. I attend significant depositions and hearing as schedules and costs allow, and I enjoy being part of the preparation process. I have been to trial every year since I went in-house, and I actively participate in that process. I am there as a lawyer contributing to strategy and advocacy, a resource for our witnesses and company management and a representative and sometimes the face of the company. I take those responsibilities seriously and appreciate having the opportunity to serve the company in that capacity.
Lawbook: What has been your best day and worst day at Mattress Firm and why?
My best day at Mattress Firm was in May 2017 when I won Employee of the Month – because really, when does a lawyer win that award? Members of the finance team nominated me for it after a successful trial result.
Harper: My worst day at Mattress Firm was in December 2017 when the CEO of our parent company in South Africa resigned and the company announced it was under investigation for accounting irregularities. I had been through significant ups and downs with other companies, but the gravity and uncertainty of what that crisis meant for the future of our company weighed on us all.
Lawbook: What do you look for in hiring outside counsel? Do you have specific criteria?
Harper: I look for lawyers and firms who understand what is happening with our business and stand ready to partner with us to weather the particular storm of the day. Hicks Thomas is a stellar example of that kind of relationship. As the pandemic escalated and our stores started to close across the country, John called to see how we were doing, and by the end of the call we had a strategy in place for impending real estate litigation. More importantly, John volunteered to significantly discount the firm’s rates, which was very much appreciated given the anticipated financial crisis. Ultimately, in-house lawyers are looking for peace of mind that a matter is in the right hands, which starts with counsel who understand the business and anticipate needs.
Lawbook: What does outside counsel need to know about you?
Harper: I don’t like surprises or having to surprise my internal clients.
Lawbook: 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?
Harper: These are critical questions that we all need to be asking ourselves and our colleagues. Whatever has been done in the past clearly isn’t enough, and we need to move forward with action and accountability. For me, it starts with seeking to better understand the challenges that people of color face in the practice of law. It also means actively incorporating diversity requirements into our outside counsel selections, keeping ourselves and our outside law firms accountable for driving change.