Tuesday, October 17, 2023

Meet the Forum's In-House Counsel: RACHEL CLANCY

Company: Lobar, Inc. 
Email: rachel.clancy@lobar.com 
Website: www.lobar.com
College: York College of Pennsylvania (Bachelor of Science in Marketing, 2001)
Graduate School: Florida Institute of Technology (MBA in Acquisition and Contract Management, 2004)
Law School: Penn State University, Dickinson School of Law (JD 2007)
States Where Company Operates/Does Business: Headquarters are in Dillsburg, PA; construction projects located in Pennsylvania, Maryland, New York, and West Virginia

Q: Describe your background and the path you took to becoming in-house counsel.

A: Before law school, I spent three years as a Contract Specialist writing construction contracts for the Department of Defense, Naval Facilities Command in New Jersey. I had no idea I'd eventually find my way back to construction. After law school, I spent five years in the business department of a local law firm handling corporate formations, a variety of commercial contracts, and learning some real estate law. After another four years in-house with a data and marketing company in Harrisburg, I accepted my current position with Lobar, where I've been for the last seven years. 

Q: How does working in-house compare or differ from firm life? 

A: As a business major in college, I always pictured myself as part of a business – one member of the team.  Although that was technically true in my years as an associate (I was one part of the law firm business), I noticed and was bothered by how minimally I was connected to the business of each client.  Depending on the needs of any particular client, I was able to glimpse only a small part of that business.  I handled a specific matter at the request of the client, but I did not have insight into other parts of the business, which I think is a disadvantage as counsel.  As in-house counsel I see all aspects of the business.  I can see how my decisions, actions, and work affect other employees and departments. I didn’t have that same opportunity or awareness as an associate in a law firm.  But, honestly, I didn’t have it during my first few years as in-house counsel.  It takes the right company and the right culture to feel like an integral part of the business. 

Q: What kind of work does your company do? Do you focus on specific sectors, states or regions? 

A: Lobar is a general contractor for public construction projects, handling primarily K-12 schools, water/wastewater treatment plants, and municipal facilities. We also have contracts with state and federal agencies. Our work is primarily within Pennsylvania, but we also have projects in New York, Maryland, and West Virginia. 

Q: How and when do you use outside counsel? In what kinds of matters? 

A: We use outside counsel for all disputes that go beyond negotiations and for specific areas where I lack expertise.

Q: What do you or your company take into consideration when vetting and/or selecting outside counsel? 

A: Most importantly, we are almost always searching for someone who has experience with public construction (even if the issue is not directly related to public construction).  Beyond that, we want to work with one attorney (or a small team) who will continuously and directly be involved with the legal matter for which we need assistance.  The law firm economics of origination and billable time should not be evident.  As a family-owned company, we seek consultants and counselors who can be part of our team.  We expect outside counsel to understand our culture, because that culture often dictates how we handle legal matters.  Therefore, we look for an attorney (or team) who has the expertise and will be the one(s) doing the work.

Q: What is the biggest problem that you see when working with outside counsel? 

Me and my two daughters.
A: Lack of communication.  I am rarely provided with documents being exchanged between the parties, and I do not have access to the document system used by outside counsel.  I end up having to use monthly invoices as a means of staying up to date (and updating the Board of Directors) on the status of a legal matter.  However, I understand that it is a challenge for outside counsel to determine how much to communicate because every communication is a cost to the client.

Q: What are some of your interests or hobbies?

A: I have been a soccer player since the age of six (and played through college). Despite a few years since then when I was raising children, I have continued to play in either an indoor coed league or an outdoor women's league. I’m also always in the midst of reading a book (or 2 or 3).  I drive almost 90 minutes roundtrip for my commute, so some of my “reading” is accomplished by listening to audiobooks.  Plus, I have more podcast episodes downloaded than I will ever have time to digest, even with my daily commute.  When I’m not with my daughters, playing soccer, working or sleeping, I’m learning something.


Assistant Editor-in-Chief Jessica Knox is an Associate in the Minneapolis office at Stinson LLP. She represents owners, general contractors, and subcontractors in litigation disputes. Jessica can be contacted at jessica.knox@stinson.com. 

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