to view the Lawdragon's - Bernstein Litowitz Berger & Grossmann LLP

Lawdragon Q & A with:Wayne OuttenWayne Outten, founder and managing partnerof employment and labor firm Outten & Golden in NewYork City, was pretty sure of what he wanted to doafter law school. He wanted to make a living doingsomething that is socially useful, so he decided tobecome a civil rights attorney. But after being askedby his mentor, Norman Dorsen, then president of theAmerican Civil Liberties Union, to write a volume in abook series on employee rights, he got sidetracked.By the time his book, “The Rights of Employees andUnion Members,” was published in 1984, he wasalready successfully representing employees in employmentdisputes. Today, his firm, which he started withpartner Anne Golden in 1998, has 35 lawyers with satelliteoffices in Stamford, Conn. and Chicago, and isreputedly the largest firm in the country that representsonly employees.“Twenty, thirty years ago, I sort of envisioned muchof what I’m doing now, which is basically helping people,”Outten says. “But I honestly didn’t envision foundinga firm and building such a large practice.”LAWDRAGon: You’re the co-chair of your firm’sExecutives and Professionals Practice Group. Can youdescribe that practice group?WAYne OuTTEn: Our firm has a broad-based practicewith two main parts – the individual side and the classside. The latter category, which represents a substantialpart of our practice, consists of large class andcollective actions, including discrimination cases,wage-and-hour cases, and WARN Act cases. Of course,that practice area is focused mainly on litigation. I personallydon’t do those cases. I spend all of my time onthe individual side. For the past 15 years or so, I’vefocused mainly on representing executives, bankers,and professionals.Our Executives and Professionals Practice Group representsexecutives, managers, and bankers, in allaspects of their employment – from negotiating anemployment agreement or offer letter at the front end,to negotiating a severance package at the back end,and everything in between (including compensationissues and non-competition issues). Within that practicearea, we have a niche practice representingexpats – U.S. employees working abroad.We do the same kind of work for professionals, particularlylawyers, doctors, accountants, and consultants.For example, we represent lawyers who arechanging jobs, including advising them about theirbY Xenia Kobylarzrights and responsibilities as partners. Although ourExecutives and Professionals Practice Group focuseson transactional matters, it also asserts and prosecutesclaims when appropriate, whether based onbreach of contract or on discrimination or retaliation.That practice has grown steadily to the point that weare one of the largest groups in the country on theemployee side with a focus on representing executivesand professionals.LD: What skills are required for this kind of practice?WO: The most important skills are negotiating, strategizing,and understanding the personal and businessdynamics in any employment transaction. The employee’slawyer needs to be able to determine the wants,needs, and interests of both the employee and theemployer in a transaction, whether the employee is joiningor leaving the employer. I spend a great deal of timecounseling and coaching. Frankly that involves a lot ofpsychology. I’ve been “accused” on occasion of beingan amateur psychologist.I try to identify who the decision makers are, whatpushes their buttons, whether they feel guilty for whatthey did to my client, etc. I often work with my clienton identifying which people in the company have thedisposition to help them and/or the power to help.Those same principles can apply not only when the clienthas been terminated or is having problems at work,but also when the client is negotiating a new job offer.I’ve been honing these skills for more than 30 yearsnow. I think I’m a very good problem solver and a goodstrategist; and, of course, I have a foundation of substantiveknowledge of the law.LD: How do you hire and train new lawyers in this area?WO: We have an extraordinarily talented workforce. Weusually hire two to four lawyers each year. We look forlawyers who have three traits. First, a candidate mustbe a star or a star in the making; we want people whohave all the skills required to succeed in the legal profession– having good grades, being smart, havingleadership experience, being willing to work hard, andhaving the drive to excel. Many of the traits and skillsthat enable people to succeed in college and in lawschool will enable them to succeed in the practice oflaw also. The main things we’re looking for are leadershipskills, the ability to learn, and the drive to excel.Our firm’s goal is to provide excellent service to everyclient or matter all the time.See the full Q&A at www.lawdragon.com/lawyer-limelights/wayne-outten.500Photo by: Laura BarisonziL A W D R A G O N 185 I s s u e 13