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Email: ecannon@keller-na.com
Website: https://www.keller-na.com/
Under Grad: University of Delaware (Bachelor of Civil Engineering 2000)
Grad School: The University of Texas (Master of Civil Engineering 2002)
Law School: Howard University (JD 2008)
States Where Company Operates/Does Business: Throughout the US and Canada
Q:
Describe your background and the path you took to becoming in-house counsel.
A: I studied civil engineering in undergrad and finally found my "calling" when I took a construction course, prompting me to pursue a master's in construction engineering. I started my career at Turner, holding various engineering positions, the last of which introduced me to the "contracting" side of construction. I was inspired to go to law school (in hopes of becoming an in-house lawyer there). After law school, I joined BigLaw, but maintained my desire to practice construction law. I then jumped to a small construction practice group at a mid-size firm, and the mentoring and experience there was everything I could hope for (but for the looming business development and billable hour requirements). From there, I became the sole in-house counsel for a large cement manufacturer and was a true construction generalist. Now I am part of a great legal team for a leading geotechnical specialty contractor. My moves were strategic, and I'm pleased to say that this is the very career I went to law school to have.
Q: Describe your experience in the construction industry.
A: I've been a construction lawyer for 11 of the 15 years that I've been practicing. Within the first few months of officially becoming a construction lawyer, I was taking depositions, dealing directly with clients, performing witness interviews, documenting faulty construction work, interacting with clients and drafting discovery. (NOTE: This was a welcome challenge after spending so much time reviewing documents, drafting memos, etc. in general litigation in hopes of getting assigned to a construction matter at my prior firm). After a year or so in, I was an integral part of the trial team on a complex construction dispute. During the six-week trial, I had the opportunity to argue pre-trial motions and present and cross-examine a few expert witnesses. Unfortunately, and fortunately, that was the one and only trial that I litigated. As is typical in the industry, most matters I've been involved in since then (both as outside and in-house counsel) have settled prior to litigation.
Q: How does working in house compare or differ from firm life?
A: As in-house counsel I like to believe that I have more control over my practice and my workday. Of course, there are always fires to put out and matters that pop up unexpectedly that shift my priorities, but the pressures of meeting billable hour requirements, building a book of business, creating flawless work product by someone else's deadline, and tracking my time are off the table. I've found that, as in-house counsel without the requirement of tracking how much time I spend on each client/matter, I'm able to be more productive and efficient with my time. Also, as in-house counsel, I am dealing with a different type of client but also a client that I know extremely well. There is a distinct difference from having a client who is also an attorney (who knows what you know or what you should know and has a clear understanding of what you do or should be doing) versus having a client who may be skeptical or suspicious of attorneys, doesn't speak the same "language," is wired not to want to take your advice, or worse, thinks lawyers are accurately depicted on TV.
Q:
How and when do you use outside counsel? In what kinds of matters?
A: My company does not have a hard and fast rule about when to engage outside counsel, but my use of outside counsel is a function of what's currently on my plate, what is at stake, the project's geographic location, and the dispute resolution procedure. I typically look to outside counsel when: (i) I'm not as familiar with the local rules or it's not feasible to travel to that particular jurisdiction, (ii) a collection can't be resolved by my initial demand letter, and I need to pursue lien/bond rights, (iii) the task is discreet but potentially time consuming (i.e., reply to third party subpoena, prep a witness, research state law, review documents, defend or take a deposition, etc.), (iv) the dispute could not be settled via position letters, direct negotiations, or mediation and will require reinforcements, (v) we are playing offense and defense on a dispute that is complex or substantial in value, or (vi) the other side(s) already engaged outside counsel.
Q: What do you or your company take into consideration when vetting and/or selecting outside counsel?
A: When someone in the legal department needs outside counsel, it is likely that they are under a time crunch and don't have the time to vet someone with who the department doesn't have prior experience. That typically makes me the go-to person for recommending new outside counsel to engage--meaning I pull out my handy-dandy ABA Construction Forum Membership List, find the geographic area, and start scanning for familiar names. Surprisingly (or not), my reference to that outside counsel as being a Forum member is usually enough for them to be short-listed or cold-called for the matter. Of course, when the storm is brewing, and not already at our front door, we have time to dig a little deeper and take into consideration experience with the matters in dispute, understanding of Keller's specialties, commitment to diversity, references, billing rates, and whether a retainer is required.
Q: What is your biggest pet peeve about working with outside counsel?
A: When I started my career in BigLaw, mistakes in any written document, no matter how minor, were inexcusable. So, I was really surprised by some of the work product I received from outside counsel after going in-house. Of course, as the client, my standard is definitely not perfection, but one of my biggest pet peeves is having to substantially edit outside counsel’s drafts. Whether it’s a complaint, answer, motion, or discovery, my review should be to confirm that what I know to be true is accurately captured. There’s nothing worse (though I’m sure there is) than having to correct my company’s legal name, state of incorporation, or other facts that outside counsel should know about their client. Also, catching errors in spelling, grammar, cites or incomplete thoughts is a red flag that then raises the question of how much oversight they will need as the matter proceeds and what their in-court presence is like.
Q: What are some of the big challenges you are tackling right now?
A: As my company continues to grow, there is an increased need to enter into downstream agreements with material suppliers, certain service professionals, and other vendors to do some of the more specialized aspects of our work. The teams I support have been vocal about wanting standardized agreements that they can issue in those situations. Creating those agreements, however, has been challenging. Standardizing downstream contracts with our suppliers/vendors requires that I draft language that adequately passes down the risk from our upstream contracts, takes into consideration state-specific requirements, include required flowdown language, yet word these terms and conditions in a way that is not so onerous that it damages the relationships that the project teams have cultivated over the years. Otherwise, we end up with an agreement that our team isn’t willing to send over, and the vendor isn’t willing to sign.
Q: What are some of your interests or hobbies?
A: Ever since my (now) two-year old entered the picture, my spare time is spent refereeing matches between him and his "fur-brother," reading children's books, playing with trucks, and managing "big emotions," but, my interests and hobbies include travelling, watching movies, and attending sporting events. Travelling may be my first love, especially to a warm climate with a beach. My destination of choice these days is our vacation home in Puerto Rico during the winter months. Pre-COVID (and pre-toddler), my husband and I had the unlimited movie pass at a local theater that we'd use weekly. More recently, it's mostly Netflix, Hallmark and Disney+ movies for me. I don't much have any favorite teams anymore, but I typically root for the underdog and/or the home team. Go Ravens! Go Orioles! Go Terps!
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