
Trista Engel, CEO, Paragon Legal

Jessica Markowitz, President & COO, Paragon Legal
Paragon Legal is a women-founded and women-led business that provides high-level interim attorney support for in-house legal departments.
While Paragon is a well-known leader in a rapidly growing field, many don’t know that its co-leaders represent the first female search fund partnership to acquire a U.S. business.
Here, Paragon’s President & COO, Jessica Markowitz, and CEO, Trista Engel, weigh in on this distinction in a conversation with Gwendolyn Guerra, Paragon’s Director of Operations.
They also discuss working on Wall Street during the Financial Crisis, how the business world should be adapting to today’s market forces, and what their interests are outside of work (spoiler alert: pickleball is involved.)
Can you talk about your background and career progression?
Trista: I grew up in Washington, D.C., and went to Yale for college, where I spent a lot of time playing soccer and not a lot of time thinking about what I wanted to do with my life and career. Coming out of college, I felt like my choices were to go to medical school, law school, or Wall Street, and, by process of elimination, I chose Wall Street.
My first job out of college was with Credit Suisse, and my first day on the desk in 2007 was also the first wave of layoffs of the financial crisis. It was a very tough time to start a career on Wall Street, but it was also an interesting time to be there. I learned a ton, but I quickly figured out it wasn’t the right job for me.
I moved to a very small communications consultancy that was a much more qualitative and strategic role. From there, I went to the University of Chicago for business school, where I met Jess.
While in business school, I wanted to find something that had the best of both of my previous roles. I wanted something that was data-driven and analytical but also had that qualitative and strategic element, so I went to Bain & Company in a management consulting role. I valued my time and learned a tremendous amount in my three years there. I loved the strategy, the teamwork, and the problem-solving, but I also felt like there were missing elements, things that I really wanted for my career.
Jess and I had long talked about how we could run a business together.
When we came across the search fund model, it all clicked for me.
It seemed like a fit in terms of what I was looking for in my next move and a partnership with Jess. After many weekend days spent at Starbucks, considering all the angles of taking this leap, we started Calyx Capital Partners, which brought us to Paragon.
Jessica: I grew up on the East Coast, went to school at Tulane in New Orleans, and then worked in finance at Lehman Brothers. It was a very interesting time to work there during the Financial Crisis. I didn’t know what was normal and what wasn’t.
In hindsight, a lot of things were not normal, but it was my first job. Lehman’s fallout led me to the Royal Bank of Scotland, working on the trading desk in distressed credit. I quickly realized it wasn’t a fit for me. I wanted to get inside companies, understand how they worked, and how to make them better.
I went to the University of Chicago, where I met Trista. After business school, I did distressed turnaround and restructuring consulting, where I helped troubled companies fix themselves through operational and balance sheet improvements. I understood how to create value in this role, and I loved it.
But, similar to Trista and her role at Bain, many things were missing for me. When I learned about the search fund model and the opportunity to raise capital to acquire a business, it immediately clicked for me as well. I’m just so lucky that the timing and our lives were at a point where it worked for us to do this together.
What led you to Paragon?
Jessica: Well, a dirt road and Belgium…
Trista: Rural Belgium…
Jessica: Rural Belgium. Yes. A lot of things led us to Paragon. It was very fortuitous. We were looking to buy a business where we could add value and be a part of the team for the long term. We connected with Mae O’Malley, Paragon’s founder, about six months into that 25-month journey.
We liked the industry. We liked what we had heard about Paragon, and we thought it was really compelling.
Mae told us: “I love what you guys are doing, but I’m not interested in selling Paragon. Best of luck.” So we went on our merry way but stayed in touch.
About a year later, Mae reached out and said: “Okay, I’m ready, and I think you are the right people to take on my business.” And the rest is history.
Mae, at the time, was living in Taiwan, running a business in San Francisco, and Trista and I were living in Chicago, so it was a whirlwind to try to meet in person.
We finally did a due diligence week in Belgium, where Mae was staying at some sort of waterpark-like resort. It had goats — a petting zoo — in the middle of absolutely nowhere.
Trista: When we started Calyx, we were looking for a business in an industry that excited us and had a lot of tailwinds, a proven business that was running well with a solid foundation. But also a business where our skill sets could be of value. A business with a great culture that we would be excited to be a part of and proud to continue.
Over those 25 months searching for this unicorn of a business, we reached out to probably 10,000 companies and talked to hundreds of business owners. We visited a number of business owners.
We were looking for a needle in a haystack that fit the two of us.
When we met Mae for the first time, five months into our search, many things clicked, but an important element was that she was having fun. She wasn’t ready to sell at that point.
We respected that and understood that when you’ve founded your own business, it’s your baby, and it’s not easy to move on from that. We kept looking, all while keeping in touch with Mae and thinking about Paragon.
So when she came back and said, “Now feels like the right time for me,” it clicked on both sides.
We definitely found what we were looking for — an industry that was growing and that we were excited about, a company that was strong but where our skill sets could add value in a new way, and a company that had a really great culture that we were excited about.
I think, from Mae’s perspective, she’d been approached by several private equity funds and competitors about acquiring Paragon, but nothing felt right to her before we met.
She was excited about passing the business on to two women. She also understood that we saw the business’s potential and wanted to be the ones to unlock it.
Mae saw that we valued the team and culture, and there were many elements we were excited to continue. She knew we would not just come in, chop things up, and change them around. I think we all feel lucky to have met one another.
Trista briefly mentioned the word ‘search fund.’ You and Jessica had a pretty amazing experience in that world. Can you talk a little bit about that?
Trista: A search fund is a type of investment fund for a would-be business owner or entrepreneur to search for and then acquire a company.
For us, it allowed us to be in a situation where we could spend some time searching for a great business with the backing of a group of really thoughtful and committed investors. Our investors supported us along our journey, understood our motivations and skill sets, and saw the value of finding a great “needle in the haystack” business with an owner looking for a transition plan.
The investors in our search fund then did a follow-on investment to acquire the business, and, over the past four years, they have remained a strong support network and board network.
Jessica: As does Mae.
Trista: Jess and I, as far as we’ve been told and as far as we know, are the first female search partnership in the United States and the first female search partnership to acquire a business in the United States, which is an exciting achievement for us.
Like many financial or investing fields, there are not a lot of women in the search fund space.
That’s certainly changing, but when raising our search fund over six years ago, it was a different environment. We were asked, “Why do you think you can be successful at this when no woman has been successful at this before?”
And when we were making the rounds to learn about search funds, to learn about the process, to build an investor network, to build a support network, there weren’t a lot of women for us to turn to.
The reality is very few women have tried this before. And, of course, if you don’t see people who look like you doing what you’re trying to do, it makes you wonder if there’s a reason, making it a little bit harder to visualize yourself in that position.
We got many questions about it, but we were very determined. We were very confident and had thought through what we wanted to do and why.
Over the last six years, we’ve spent a lot of time helping to build up the community of women in the search field and supporting other women coming up and trying to do what we did. Several other female partnerships are out there searching and acquiring businesses, which is really exciting.
Jessica: There was one woman-run search fund in Brazil a few months before us — not a partnership — that bought a business, and then there was us in the United States.
What values drive you in your work and your life?
Jessica: A lot of the values that drive me are the values that we have at Paragon, which is really convenient because it’s easy to live by them. We call it “do the right thing, even when it’s hard” — acting with integrity in any situation.
Taking the long-term view and having solid principles are important to me.
Aside from values — I like having fun at work, getting to know my team, and being myself. A place where you can debate openly and have what may, on the outside, look like arguments, but between Trista and me, it’s just conversation to get to a better place. I call it positive conflict.
Trista: I would agree with that. One of the things that drew us to Paragon was the values. They were not explicitly written, but we could see and feel them from talking to you, Gwendolyn, and the other folks who were at the company when we joined.
We’ve gone through the journey over the last few years of writing down and explicitly saying our values, refining them, and putting new words to them. They’ve always sort of remained the same and very similar to what Jess and I discussed six years ago — when we decided to go into this partnership long before we knew about Paragon.
Finding challenge in your every day is important to me, and we have a value related to that at Paragon — seeking to understand and grow, which is about learning and being open-minded.
I care about people and relationships — one of our core values has always been people first. We have a very long-term relationship focus at Paragon.
I need balance in my life. I care about and prioritize my family. I care about being able to play soccer. I care about having flexibility and ensuring that all parts of my life are taken care of. That includes, like Jess said, having fun and being able to be who you are at work.
Can you name specific challenges and rewards to leading a company?
Jessica: I think it’s been a really tough four years. Not Paragon specific — I think in the world, it’s been a heavy load for any individual.
Leading a business through these unprecedented times has been challenging. I just want “precedented” times for a minute!
We haven’t found a book or course, or class or advisor that you can go to that could say: “This is how you get through a pandemic, and this is how you get through whatever the United States is going through. And this is how you get through things that have never happened.”
It’s been a challenge because we’ve had to learn, and we’ve made mistakes along the way. So not only are we growing into our roles as leaders at Paragon, but we’re doing it through a time that just feels incredibly heavy.
It’s challenging to manage people through that. At the same time, it’s been amazing to watch people on the team, bringing them onto the team and then watch them grow, learn and develop and accomplish things they didn’t think were possible. That is amazing too.
Trista: I totally agree. When I think about the rewards and challenges, it’s all about the people. Coming from a consulting role, you’re often looking at and solving problems. You’re thinking about the business issues, and it’s very analytical, and there’s maybe not always an answer, but there’s kind of a clear path or a way to solve the problem.
When you step into a leadership role in a business, it becomes all about the people; it’s no longer about day-to-day problem-solving, it’s just about how you interact with and care for people. To Jess’s point, there have been a lot of really, really difficult moments over the last four years. There have been a lot of really difficult moments in the last two weeks. It does feel unprecedented, and the biggest challenge is feeling responsible for the people you care about.
It impacts everything we do and say, whether it’s a business decision or supporting the team through all of these crazy global, national, or even personal challenges. You feel that weight, and you can’t go home at the end of the day and forget about it. It’s very real. But the positive part is that we have such a great team that truly cares about one another, and we help each other along. And that’s the biggest reward.
Diversity has been one of Paragon’s core values probably since the beginning of the company, and as the leaders of the organization, what does DEI mean to you, and how do you embed it into a company culture?
Trista: When I think about what DEI means, it means being open and welcoming to all views and perspectives and creating space to listen to and amplify those voices. It’s very challenging to know how to embed it into company culture, but it’s always been a part of Paragon’s culture.
As one of our values, it comes naturally to the business, but we still have to work on it. You have to keep talking about it and put resources into it. Money, yes, but also time and energy.
You need processes that keep you honest about your efforts, the results, and where you’re trying to go.
You have to make it part of everyone’s responsibility if it’s truly going to be a part of the company culture, and we still have more to do.
Jessica: It’s been a journey to figure out how to ensure that we are doing it in the best way we can. And there’s a learning process to us even though it’s been something core to Paragon since its founding 17 years ago.
Creating the space for DEI to be more than just foundational, but putting actions and words behind it and building a program behind it has been something we’ve done over the last couple of years. We’re learning, and we’re making mistakes, and we’re trying to figure out how to do it right. And I don’t even know if there is a right, but we’re trying.
What business trends do you think will be important in the next 12 months?
Jessica: That is a tough one because so many things impact the world from a macro perspective. Layoffs and cost pressure in this uncertain economic landscape. Significant interest rate increases from the Feds that drastically impact investor allocations across the United States and even the world. You still have the globe choked up a little with supply chain issues from COVID. There are a lot of issues within the labor pool, both in the United States and internationally. I could go on for a very long time about all the problems in the world.
But I just listed a few of the big ones because what’s important over the next 12 months depends on how many of those things shake out. A couple of things that are evident that I don’t think will shift back are employees demanding more flexibility over “where, how, and when” they work. Being able to support the Paragon team and being an advocate for that will be continued. And we’ll also continue to see companies open to remote work.
Trista: I hope stakeholder capitalism over shareholder capitalism continues. Where companies, by employee demand and hopefully by the goodness of their hearts, continue to value speaking up about societal issues and allowing their employees flexibility.
Where companies do the right thing for their employees, whether that is in regards to healthcare or parental leave or all sorts of things.
Companies are starting to step up and think about what’s right for the world and best for their employees instead of focusing on profits alone.
Related to the rebalancing, I believe companies are focusing on spending money wisely, thoughtfully, and efficiently, rather than profligately, because there has been a glut of capital with nowhere to go.
So I think that many companies will be rethinking how they make spending decisions and allocate dollars, which will be important.
Turning back to both of you individually, what are you most passionate about both in and outside of work?
Jessica: I love seeing people grow within work, and I’m passionate about helping support them.
Outside of work, to be perfectly honest, I’m figuring out how to find that balance to find more passion in my personal life. I will take figuring that out as my new passion for this year.
Trista: And pickleball!
Jessica: Yes. Yes, exactly.
Trista: At work, I think a lot about our company culture and Paragon being a place where people want to work and feel cared for and where there is a culture of trust and collaboration. I love seeing the results; I’m competitive and want us to do well.
I know this company’s going to the moon. I have big dreams for Paragon. But I feel strongly about doing that in a way that allows us to build on our company culture and be a place that people want to work and are proud to be a part of.
In my personal life, I have a 3 year old and a 5 year old. That is where the majority of my time gets taken up.
I do feel strongly about the balance piece for myself. So when I turn off my computer on Friday, I am pretty good about compartmentalizing and keeping it off. But I try to focus on being with my family when I’m with my family and being focused on work when I’m at work. That balance is important to me.
I recently started playing soccer again, which has been fun and exciting and is something I’m somewhat reinvigorating my passion for.
What are you most excited about for the future?
Trista: I’m excited to continue building our corporate team, which means adding new people, giving the current team new growth opportunities, and giving everybody on our team new challenges — pushing them outside of their comfort zone, learning new things, and putting their fingerprint on Paragon and Paragon’s trajectory, which I think is super exciting.
Growth means providing more opportunities for attorneys and clients to do work in a way that works for them — finding that balance and finding that cost efficiency. The right way [for them] may not be the traditional way, but it is the way of getting the work done — doing challenging work in a way that fits their lives, so they can find that balance that I feel so strongly about.
Jessica: I am excited to see people in person more often. I was probably the best “staunch, never work remote” person pre-pandemic.
Now I like it a lot, but I want to make it more regular to see folks on the corporate team and attorney team, meet with clients in a more regular cadence, and just get back out there in the world. It feels like it’s been too long. I’m excited about that.
What is your favorite vacation spot?
Trista: India is one of the most interesting places I’ve been and one of the places I’m most excited to take my kids. My dad is from India. He grew up there. He still has family there.
When I was a kid, we used to go every two years. So I have many memories of visiting my grandparents in their apartment, eating delicious Indian food, and watching the lizards climb on the walls in the middle of the night.
It’s one of the most unique places I’ve been to, with vibrant culture, delicious food, and family history. I don’t know if it’s my favorite vacation spot if I’m thinking of palm trees and beaches, but it’s a place that I feel connected to and a place I’m excited to take my kids someday.
Jessica: Mine isn’t a vacation spot, either. I haven’t lived near my family in 20 years. I get excited about having coffee outside with my brother, his wife, and nephews at their home. My mom and my other brother come along as well. It’s a nice treat on the weekends until it gets a little bit too chaotic with the kids.
Webinar On-Demand: How GCs Can Turn Economic Uncertainty into Opportunity
/in Webinars lifehacks/by competenowThe pace of change is only accelerating. Whether a pandemic, recession, or an upturn in the market, these different economic cycles present unique challenges and opportunities for businesses.
While recessions or even just dips in the economy tend to impact all sectors, the changes you make now will benefit you in future economic conditions in the way of increasing efficiency, reducing costs and improving legal outcomes.
Now is the time for corporate law departments to strengthen their contributions and recognition within their organization as GCs seek new strategies and upgrades to support strategic business objectives.
Read the webinar highlights and quicktakes here.
Meet the Speakers
Key Topics
Practical Tips From Legal Department Leaders To Manage A Turbulent Economy
/in Articles alternative legal services|employee handbook|legal industry insights|lifehacks/by competenow“Find the opportunity in a crisis” is common advice, yet opportunities may not be obvious in the middle of the storm. The upside of economizing does exist, as our recent webinar “How GCs Can Turn Economic Uncertainty into Opportunity” revealed.
General counsel are discovering unexpected advantages, such as a chance to reduce demand on the legal department without losing clout or to boost team morale. The program featured fresh perspectives and practical steps from these panelists:
Our panelists discussed the big questions that GC are solving for and how to stay ahead of short-term turmoil for longer-term gain.
Layoffs and budget cuts have brought nearly every process, project and person under scrutiny. And that can be a good thing, especially for rapidly growing companies.
It may be the perfect time to step back and see if everything under legal’s responsibility should continue to be.
During rapid expansion, legal easily becomes the head traffic cop and catchall assumer of responsibility. But when companies gain deeper or alternative resources, pulling in a lawyer for standard, reoccurring and non-gray areas of law does not make sense, according to Jacqueline Lee of Flynn Restaurant Group.
“Contracts are supposed to be readable by non-lawyers,” says Lee. She suggests drafting contracts the business folks can understand. Instead of a lawyer spending an hour discussing the landlord’s duty to change lightbulbs, a well-trained leasing team can handle it.
Introducing a self-service mentality, akin to teaching non-legal colleagues “to fish,” requires some effort. Renuka Drummond of IDG says to “really look at ways that we can help the business be less dependent on legal.”
IDG’s legal team fosters independence with templates, escalation processes, playbooks and trainings of sales teams, along with being ready to intervene for issues outside the norm. Tools like these allow Drummond’s team to support a high-priority sales initiative even though they had to forgo hiring a FTE earmarked for the project.
Opportunity: Decrease dependence on legal for lower-value services. Create playbooks, guides, trainings and other DIY tools that empower business units to help themselves.
Bonus opportunity: Non-legal employees enjoy their new self-sufficiency and are shifting legal’s old reputation as a blocker to an empowerer in the organization, according to Paragon’s Tracy Scanlan.
Data and tracking are even more important when resources are limited. Hard data, not anecdotes, will build a GC’s case.
“People in a business context really need substantiation if they’re going to change behavior. Substantiation helps them say ‘okay, this is actually a problem’ and act on it,” says Lee.
Lawyers may grumble about tracking their time and how it’s spent, flashing back to billable requirements, says Paragon’s Megan Kelly. Ultimately, the team will benefit from collecting the data, and the process can be simple.
Panelists shared tips such as using a notepad to mark the frequency of questions that could have been answered outside of legal, note the activities that could have been done elsewhere in the function or org, or to flag an unexpected surge in demand. These quick notes and deeper analysis have helped GCs see patterns in resource misallocation, litigation upswings, and contract review bottlenecks—and made it easier to anticipate the pipeline and related issues.
Opportunity: Use informal and formal reports to identify the need for new efficiencies, substantiate the ask, and increase visibility across the company.
Bonus opportunity: Expand reports to connect to projects and efforts in other units, such as risk management, finance or IT.
Everybody wants to prevent hiring an FTE and then letting them go in a layoff. The panel understood the need for caution while also avoiding decision paralysis.
“Companies get money for a full-time headcount or something like that, and you want to just jump on it right away. You think, I have to do this or I’m never going to get this again,” says Scanlan.
Instead of FOMO driving the hiring, try reframing the view. Look at priorities and resequence them as needed, says Drummond.
One example of reframing came from Lee of the franchisee Flynn Restaurant Group. She saw the negative impact created by backlogs in lease deals. A delayed opening of a new restaurant also delayed revenue.
Lee shifted gears from pursuing a lengthy FTE-hire process to jumpstarting the immediate lease work with a Paragon interim attorney, who hit the ground running. The urgent work was done, and the time and cost of an FTE search avoided. In fact, the Paragon lawyer fit in so well, they became the team’s FTE months later.
Opportunity: Instead of focusing on what’s missing without a FTE, reprioritize to focus on urgent business needs and creative staffing options to meet them.
Bonus opportunity: The short-term solution may hold the solution to the longer-term win!
One important opportunity for panelists is their team’s quality of life. “You can’t just assume that folks are going to be indefinitely working 60 hours a week on the weekends and evenings without a break,” says Lee.
GCs should model wellness behaviors, such as taking vacations and periodic wellness days off. Support a culture that supports healthy habits like midday fitness breaks and celebrations of achievements.
Opportunity: Be proactive in recognizing burnout on the team. Bring in right-sized help before morale disintegrates and the entire team’s suffering in silence turns into mass resignations.
Bonus opportunity: Demonstrating best practices in team building and wellness can resonate company wide.
This article shares highlights of the program, “How GCs Can Turn Economic Uncertainty into Opportunity.” View the full webinar here. Have questions? Please contact us to learn more about Paragon and our attorneys.
Time for Flexibility: Legal Departments Rebuild Amid Uncertainty
/in Articles alternative legal services|employee handbook|legal industry insights|lifehacks/by competenowFor companies in technology, life sciences, consumer goods, and other sectors, the new year began with headlines announcing layoffs and reductions-in-force in the double digits.
The shift away from recent boom times and easy money is widespread. Three out of four corporate legal departments are experiencing a strain on “legal department resources, budget and/or capacity,” according to The General Counsel Report 2023. The impacts extend beyond hiring freezes to include putting backfilled positions on ice and deepening oversight of budgets.
Taming the Unknown
Uncertainty is hardly new for legal departments. Managing risk is their core mission. But the challenge of taming the unknown collides with a period of enormous scrutiny of headcounts, legal spend, and profitability.
When looking to rebuild the department, technological innovation can only lift so much, and may even trigger issues elsewhere.
As workplaces adopt biometric, AI, and other efficiency tools, novel complexities around data security and protection arise, keeping the pressure up for GCs around information security.
The pace has quickened, and GCs are expected to “be able to adapt at the drop of a hat,” said Celia Perez, General Counsel & Corporate Secretary of FreightCar America, during a webinar analyzing The General Counsel Report 2023.
Doing Nothing Is Not an Option
“Nearly every conversation I have today with a GC or CLO begins with ‘I need help. Demands on the legal department keep growing, and I just don’t know how to read the market,’” says Tracy Scanlan, Paragon’s VP of Client Development & Legal Affairs.
Scanlan hears from GCs who are stuck between critical projects and goals that support the business and less capacity to achieve them. They say that they are loath to invest time and effort in the FTE hiring process as downward pressure on markets persists.
What certainly will continue is expanded expectations of legal departments. Today, GCs are asked to function like a secretary of state for their CEOs, developing and deploying skills in diplomacy, geopolitics, public health, and emotional intelligence.
Two years ago, Environmental, Social, and Governance (ESG) initiatives did not even rate as a top risk in The General Counsel Report published annually. In 2023, GCs considered ESG a top-five risk they now need to manage.
Additionally, GCs are part of reputational risk management efforts.
Recent layoff announcements have included mea culpas and apologies for overhiring during the pandemic. Says Scanlan, “Hiring reticence is understandable, yet inaction is not really an option when workloads and expectations keep growing.”
Flexibility is key to taming uncertainty, suggests Scanlan. Here are a few options for legal departments rebuilding amid a volatile landscape.
Of course, having a team filled with star players is the dream. Yet the process of hiring a full-time employee has never been more challenging.
The investment of time and money. Identifying and wooing the right candidate. Extensive interview rounds and complex negotiations on the front end. Then comes onboarding, training, and ramp-up time. And should the fit not work, there’s the termination process, severance, and the hit to morale and efficiency on the back end.
Bringing in the right interim attorney can bring legal teams closer to the ideal in an uncertain market.
On-demand options have grown significantly, and legal departments are becoming more creative and receptive on how they fill critical gaps in talent — and meet deadlines.
Consider the experience of one Bay Area tech company. The legal team had to determine several compliance challenges of a national rollout of a new product. The business looked to legal to support a program to build data protection into various phases of product development, which, in turn, could save the company the expense of remediation later.
At one time, the legal team had the bandwidth to deliver the project. But two key team members were out on leave. Product teams were antsy, and department resources stretched to the limit.
The company had instituted a hiring freeze — a new FTE was not an option. Engaging an entourage of attorneys from a costly outside law firm was an expensive option certain to be scrutinized. Instead,we suggested and placed a highly skilled, two-attorney, data security team hired on a project basis.
The Paragon attorneys delivered for the GC.
As privacy specialists deeply emerged in the field and armed with market intelligence and best practices, the Paragon team completed the project quicker than FTEs would have. Furthermore, they raised several unique business-related issues previously unknown to the GC.
Perhaps the most enduring value for our tech client was that the GC found one of the temp attorneys such a strong fit with the department, he later offered her a full-time role with the company.
The temp-to-permanent model is one of several high-value, low-commitment options allowing legal departments to exert flexibility.
Another flexible point for law departments centers around “quiet quitting” and workplace burnout. The stream of staff cuts has resulted in reallocation of work and repurposing of roles. The ubiquitous mantra of “do more with less” seemed to be manageable, at first.
But now we are hearing from GCs that extra burdens add up over time and exhaustion mounts. “Teams that were once robust are beginning to feel overwhelmed. It may take one attorney going on an unexpected leave for the department to reach breaking point,” Scanlan says.
Bringing on an interim attorney to concentrate on the daily workload not only gets the immediate job done. It contributes to a culture of well-being and sends a positive message to current employees before burnout emerges.
General Counsel typically turn to outside law firms for extra depth and expertise in litigation, employment law, intellectual property, and other areas.
With law firms giving themselves healthy rate hikes in 2023, the cost of specialized knowledge has become more expensive.
To access the practice-critical depth needed without the full-freight fare of an outside law firm, GCs are finding great value in Paragon’s model. Many of Paragon’s attorney experts in data security, contracts, and regulatory compliance are veterans of Big Law who opted out of law firm lockstep for the flexibility of Paragon’s model.
The old notion that an interim attorney ‘can’t get a real job’ has never been further from the truth, according to Scanlan. She explains that Paragon supports a vast network of experts in their legal fields; these attorneys’ knowledge and agility are creating great value from GCs without sacrificing quality of work product. Quality assurance starts with Paragon’s highly selective candidate vetting process — fewer than 5% of applicants are accepted.
Hiring caution is an understandable response to uncertainty.
We hear most GCs initially hesitate before exploring the on-demand option because they fear the time and administrative burden required to onboard and train a new person.
It’s too easy for a CLO to think it would be quicker to do the work themselves, but it’s a false economy. Spending time on lower-level tasks diverts leaders from the strategic work that is their true calling. Taking on that extra burden in the name of economizing today may carry a surprise price tag tomorrow.
One biotech company CLO was in that exact position when she came to us.
Her contract team was short-staffed, the search for a FTE stalled, and the department under pressure to expedite the contract approval process for a new product line.
Following a brief but insightful conversation with the CLO, we identified a few commercial attorneys who could turn the situation around. Once the CLO selected their ideal candidate, we streamlined the onboarding process by leveraging our knowledge of the many systems used by legal departments.
Rebuilding teams to meet company missions in this turbulent era is likely to be an incremental process undertaken carefully. Those who opt for stasis over taking the first step may find themselves in a struggle to stay valuable, competitive, and relevant.
Looking for new options to rebuild the team? Have a critical project due soon? Contact us to find out how Paragon attorneys can add peace of mind in an uncertain market.
Paragon Employee Spotlight: Trista Engel & Jessica Markowitz
/in Spotlights alternative legal services|employee handbook|legal industry insights|lifehacks/by competenowTrista Engel, CEO, Paragon Legal
Jessica Markowitz, President & COO, Paragon Legal
Paragon Legal is a women-founded and women-led business that provides high-level interim attorney support for in-house legal departments.
While Paragon is a well-known leader in a rapidly growing field, many don’t know that its co-leaders represent the first female search fund partnership to acquire a U.S. business.
Here, Paragon’s President & COO, Jessica Markowitz, and CEO, Trista Engel, weigh in on this distinction in a conversation with Gwendolyn Guerra, Paragon’s Director of Operations.
They also discuss working on Wall Street during the Financial Crisis, how the business world should be adapting to today’s market forces, and what their interests are outside of work (spoiler alert: pickleball is involved.)
Can you talk about your background and career progression?
Trista: I grew up in Washington, D.C., and went to Yale for college, where I spent a lot of time playing soccer and not a lot of time thinking about what I wanted to do with my life and career. Coming out of college, I felt like my choices were to go to medical school, law school, or Wall Street, and, by process of elimination, I chose Wall Street.
My first job out of college was with Credit Suisse, and my first day on the desk in 2007 was also the first wave of layoffs of the financial crisis. It was a very tough time to start a career on Wall Street, but it was also an interesting time to be there. I learned a ton, but I quickly figured out it wasn’t the right job for me.
I moved to a very small communications consultancy that was a much more qualitative and strategic role. From there, I went to the University of Chicago for business school, where I met Jess.
While in business school, I wanted to find something that had the best of both of my previous roles. I wanted something that was data-driven and analytical but also had that qualitative and strategic element, so I went to Bain & Company in a management consulting role. I valued my time and learned a tremendous amount in my three years there. I loved the strategy, the teamwork, and the problem-solving, but I also felt like there were missing elements, things that I really wanted for my career.
Jess and I had long talked about how we could run a business together.
When we came across the search fund model, it all clicked for me.
It seemed like a fit in terms of what I was looking for in my next move and a partnership with Jess. After many weekend days spent at Starbucks, considering all the angles of taking this leap, we started Calyx Capital Partners, which brought us to Paragon.
Jessica: I grew up on the East Coast, went to school at Tulane in New Orleans, and then worked in finance at Lehman Brothers. It was a very interesting time to work there during the Financial Crisis. I didn’t know what was normal and what wasn’t.
In hindsight, a lot of things were not normal, but it was my first job. Lehman’s fallout led me to the Royal Bank of Scotland, working on the trading desk in distressed credit. I quickly realized it wasn’t a fit for me. I wanted to get inside companies, understand how they worked, and how to make them better.
I went to the University of Chicago, where I met Trista. After business school, I did distressed turnaround and restructuring consulting, where I helped troubled companies fix themselves through operational and balance sheet improvements. I understood how to create value in this role, and I loved it.
But, similar to Trista and her role at Bain, many things were missing for me. When I learned about the search fund model and the opportunity to raise capital to acquire a business, it immediately clicked for me as well. I’m just so lucky that the timing and our lives were at a point where it worked for us to do this together.
What led you to Paragon?
Jessica: Well, a dirt road and Belgium…
Trista: Rural Belgium…
Jessica: Rural Belgium. Yes. A lot of things led us to Paragon. It was very fortuitous. We were looking to buy a business where we could add value and be a part of the team for the long term. We connected with Mae O’Malley, Paragon’s founder, about six months into that 25-month journey.
We liked the industry. We liked what we had heard about Paragon, and we thought it was really compelling.
Mae told us: “I love what you guys are doing, but I’m not interested in selling Paragon. Best of luck.” So we went on our merry way but stayed in touch.
About a year later, Mae reached out and said: “Okay, I’m ready, and I think you are the right people to take on my business.” And the rest is history.
Mae, at the time, was living in Taiwan, running a business in San Francisco, and Trista and I were living in Chicago, so it was a whirlwind to try to meet in person.
We finally did a due diligence week in Belgium, where Mae was staying at some sort of waterpark-like resort. It had goats — a petting zoo — in the middle of absolutely nowhere.
Trista: When we started Calyx, we were looking for a business in an industry that excited us and had a lot of tailwinds, a proven business that was running well with a solid foundation. But also a business where our skill sets could be of value. A business with a great culture that we would be excited to be a part of and proud to continue.
Over those 25 months searching for this unicorn of a business, we reached out to probably 10,000 companies and talked to hundreds of business owners. We visited a number of business owners.
We were looking for a needle in a haystack that fit the two of us.
When we met Mae for the first time, five months into our search, many things clicked, but an important element was that she was having fun. She wasn’t ready to sell at that point.
We respected that and understood that when you’ve founded your own business, it’s your baby, and it’s not easy to move on from that. We kept looking, all while keeping in touch with Mae and thinking about Paragon.
So when she came back and said, “Now feels like the right time for me,” it clicked on both sides.
We definitely found what we were looking for — an industry that was growing and that we were excited about, a company that was strong but where our skill sets could add value in a new way, and a company that had a really great culture that we were excited about.
I think, from Mae’s perspective, she’d been approached by several private equity funds and competitors about acquiring Paragon, but nothing felt right to her before we met.
She was excited about passing the business on to two women. She also understood that we saw the business’s potential and wanted to be the ones to unlock it.
Mae saw that we valued the team and culture, and there were many elements we were excited to continue. She knew we would not just come in, chop things up, and change them around. I think we all feel lucky to have met one another.
Trista briefly mentioned the word ‘search fund.’ You and Jessica had a pretty amazing experience in that world. Can you talk a little bit about that?
Trista: A search fund is a type of investment fund for a would-be business owner or entrepreneur to search for and then acquire a company.
For us, it allowed us to be in a situation where we could spend some time searching for a great business with the backing of a group of really thoughtful and committed investors. Our investors supported us along our journey, understood our motivations and skill sets, and saw the value of finding a great “needle in the haystack” business with an owner looking for a transition plan.
The investors in our search fund then did a follow-on investment to acquire the business, and, over the past four years, they have remained a strong support network and board network.
Jessica: As does Mae.
Trista: Jess and I, as far as we’ve been told and as far as we know, are the first female search partnership in the United States and the first female search partnership to acquire a business in the United States, which is an exciting achievement for us.
Like many financial or investing fields, there are not a lot of women in the search fund space.
That’s certainly changing, but when raising our search fund over six years ago, it was a different environment. We were asked, “Why do you think you can be successful at this when no woman has been successful at this before?”
And when we were making the rounds to learn about search funds, to learn about the process, to build an investor network, to build a support network, there weren’t a lot of women for us to turn to.
The reality is very few women have tried this before. And, of course, if you don’t see people who look like you doing what you’re trying to do, it makes you wonder if there’s a reason, making it a little bit harder to visualize yourself in that position.
We got many questions about it, but we were very determined. We were very confident and had thought through what we wanted to do and why.
Over the last six years, we’ve spent a lot of time helping to build up the community of women in the search field and supporting other women coming up and trying to do what we did. Several other female partnerships are out there searching and acquiring businesses, which is really exciting.
Jessica: There was one woman-run search fund in Brazil a few months before us — not a partnership — that bought a business, and then there was us in the United States.
What values drive you in your work and your life?
Jessica: A lot of the values that drive me are the values that we have at Paragon, which is really convenient because it’s easy to live by them. We call it “do the right thing, even when it’s hard” — acting with integrity in any situation.
Taking the long-term view and having solid principles are important to me.
Aside from values — I like having fun at work, getting to know my team, and being myself. A place where you can debate openly and have what may, on the outside, look like arguments, but between Trista and me, it’s just conversation to get to a better place. I call it positive conflict.
Trista: I would agree with that. One of the things that drew us to Paragon was the values. They were not explicitly written, but we could see and feel them from talking to you, Gwendolyn, and the other folks who were at the company when we joined.
We’ve gone through the journey over the last few years of writing down and explicitly saying our values, refining them, and putting new words to them. They’ve always sort of remained the same and very similar to what Jess and I discussed six years ago — when we decided to go into this partnership long before we knew about Paragon.
Finding challenge in your every day is important to me, and we have a value related to that at Paragon — seeking to understand and grow, which is about learning and being open-minded.
I care about people and relationships — one of our core values has always been people first. We have a very long-term relationship focus at Paragon.
I need balance in my life. I care about and prioritize my family. I care about being able to play soccer. I care about having flexibility and ensuring that all parts of my life are taken care of. That includes, like Jess said, having fun and being able to be who you are at work.
Can you name specific challenges and rewards to leading a company?
Jessica: I think it’s been a really tough four years. Not Paragon specific — I think in the world, it’s been a heavy load for any individual.
Leading a business through these unprecedented times has been challenging. I just want “precedented” times for a minute!
We haven’t found a book or course, or class or advisor that you can go to that could say: “This is how you get through a pandemic, and this is how you get through whatever the United States is going through. And this is how you get through things that have never happened.”
It’s been a challenge because we’ve had to learn, and we’ve made mistakes along the way. So not only are we growing into our roles as leaders at Paragon, but we’re doing it through a time that just feels incredibly heavy.
It’s challenging to manage people through that. At the same time, it’s been amazing to watch people on the team, bringing them onto the team and then watch them grow, learn and develop and accomplish things they didn’t think were possible. That is amazing too.
Trista: I totally agree. When I think about the rewards and challenges, it’s all about the people. Coming from a consulting role, you’re often looking at and solving problems. You’re thinking about the business issues, and it’s very analytical, and there’s maybe not always an answer, but there’s kind of a clear path or a way to solve the problem.
When you step into a leadership role in a business, it becomes all about the people; it’s no longer about day-to-day problem-solving, it’s just about how you interact with and care for people. To Jess’s point, there have been a lot of really, really difficult moments over the last four years. There have been a lot of really difficult moments in the last two weeks. It does feel unprecedented, and the biggest challenge is feeling responsible for the people you care about.
It impacts everything we do and say, whether it’s a business decision or supporting the team through all of these crazy global, national, or even personal challenges. You feel that weight, and you can’t go home at the end of the day and forget about it. It’s very real. But the positive part is that we have such a great team that truly cares about one another, and we help each other along. And that’s the biggest reward.
Diversity has been one of Paragon’s core values probably since the beginning of the company, and as the leaders of the organization, what does DEI mean to you, and how do you embed it into a company culture?
Trista: When I think about what DEI means, it means being open and welcoming to all views and perspectives and creating space to listen to and amplify those voices. It’s very challenging to know how to embed it into company culture, but it’s always been a part of Paragon’s culture.
As one of our values, it comes naturally to the business, but we still have to work on it. You have to keep talking about it and put resources into it. Money, yes, but also time and energy.
You need processes that keep you honest about your efforts, the results, and where you’re trying to go.
You have to make it part of everyone’s responsibility if it’s truly going to be a part of the company culture, and we still have more to do.
Jessica: It’s been a journey to figure out how to ensure that we are doing it in the best way we can. And there’s a learning process to us even though it’s been something core to Paragon since its founding 17 years ago.
Creating the space for DEI to be more than just foundational, but putting actions and words behind it and building a program behind it has been something we’ve done over the last couple of years. We’re learning, and we’re making mistakes, and we’re trying to figure out how to do it right. And I don’t even know if there is a right, but we’re trying.
What business trends do you think will be important in the next 12 months?
Jessica: That is a tough one because so many things impact the world from a macro perspective. Layoffs and cost pressure in this uncertain economic landscape. Significant interest rate increases from the Feds that drastically impact investor allocations across the United States and even the world. You still have the globe choked up a little with supply chain issues from COVID. There are a lot of issues within the labor pool, both in the United States and internationally. I could go on for a very long time about all the problems in the world.
But I just listed a few of the big ones because what’s important over the next 12 months depends on how many of those things shake out. A couple of things that are evident that I don’t think will shift back are employees demanding more flexibility over “where, how, and when” they work. Being able to support the Paragon team and being an advocate for that will be continued. And we’ll also continue to see companies open to remote work.
Trista: I hope stakeholder capitalism over shareholder capitalism continues. Where companies, by employee demand and hopefully by the goodness of their hearts, continue to value speaking up about societal issues and allowing their employees flexibility.
Where companies do the right thing for their employees, whether that is in regards to healthcare or parental leave or all sorts of things.
Companies are starting to step up and think about what’s right for the world and best for their employees instead of focusing on profits alone.
Related to the rebalancing, I believe companies are focusing on spending money wisely, thoughtfully, and efficiently, rather than profligately, because there has been a glut of capital with nowhere to go.
So I think that many companies will be rethinking how they make spending decisions and allocate dollars, which will be important.
Turning back to both of you individually, what are you most passionate about both in and outside of work?
Jessica: I love seeing people grow within work, and I’m passionate about helping support them.
Outside of work, to be perfectly honest, I’m figuring out how to find that balance to find more passion in my personal life. I will take figuring that out as my new passion for this year.
Trista: And pickleball!
Jessica: Yes. Yes, exactly.
Trista: At work, I think a lot about our company culture and Paragon being a place where people want to work and feel cared for and where there is a culture of trust and collaboration. I love seeing the results; I’m competitive and want us to do well.
I know this company’s going to the moon. I have big dreams for Paragon. But I feel strongly about doing that in a way that allows us to build on our company culture and be a place that people want to work and are proud to be a part of.
In my personal life, I have a 3 year old and a 5 year old. That is where the majority of my time gets taken up.
I do feel strongly about the balance piece for myself. So when I turn off my computer on Friday, I am pretty good about compartmentalizing and keeping it off. But I try to focus on being with my family when I’m with my family and being focused on work when I’m at work. That balance is important to me.
I recently started playing soccer again, which has been fun and exciting and is something I’m somewhat reinvigorating my passion for.
What are you most excited about for the future?
Trista: I’m excited to continue building our corporate team, which means adding new people, giving the current team new growth opportunities, and giving everybody on our team new challenges — pushing them outside of their comfort zone, learning new things, and putting their fingerprint on Paragon and Paragon’s trajectory, which I think is super exciting.
Growth means providing more opportunities for attorneys and clients to do work in a way that works for them — finding that balance and finding that cost efficiency. The right way [for them] may not be the traditional way, but it is the way of getting the work done — doing challenging work in a way that fits their lives, so they can find that balance that I feel so strongly about.
Jessica: I am excited to see people in person more often. I was probably the best “staunch, never work remote” person pre-pandemic.
Now I like it a lot, but I want to make it more regular to see folks on the corporate team and attorney team, meet with clients in a more regular cadence, and just get back out there in the world. It feels like it’s been too long. I’m excited about that.
What is your favorite vacation spot?
Trista: India is one of the most interesting places I’ve been and one of the places I’m most excited to take my kids. My dad is from India. He grew up there. He still has family there.
When I was a kid, we used to go every two years. So I have many memories of visiting my grandparents in their apartment, eating delicious Indian food, and watching the lizards climb on the walls in the middle of the night.
It’s one of the most unique places I’ve been to, with vibrant culture, delicious food, and family history. I don’t know if it’s my favorite vacation spot if I’m thinking of palm trees and beaches, but it’s a place that I feel connected to and a place I’m excited to take my kids someday.
Jessica: Mine isn’t a vacation spot, either. I haven’t lived near my family in 20 years. I get excited about having coffee outside with my brother, his wife, and nephews at their home. My mom and my other brother come along as well. It’s a nice treat on the weekends until it gets a little bit too chaotic with the kids.
Reflecting on 2022: A Message From Our CEO
/in Articles alternative legal services|ceo letter|legal industry insights|women in law/by competenowFebruary 13, 2023
Every year, my co-leader Jessica and I like to set the focus for the year with an overarching management philosophy. Our management philosophy for 2022 could be summed up as “growth with intention.” Growth meant leveraging the investments we made in 2021 to support continued strong growth into 2022. Intention meant maintaining our collaborative and spirited culture, our high-touch approach with clients and attorneys, and keeping the special things about Paragon special.
This philosophy guides us, along with our values, and keeps us focused. This focus was key as 2022 provided some twists and turns as the macroeconomic environment quickly shifted and created uncertainty for many.
At our 10th Annual All Hands meeting in November, Paula Davis of the Stress & Resilience Institute shared that resilience is perseverance with purpose. It is a skillset that can be developed and honed, and like any skill, it takes practice.
And when 2022 threw the economy for a loop, we got practice. Through that practice, Paragon grew double-digits thanks to the resilience, perseverance, and dedication of our tremendous corporate team, attorney team, and clients. The challenges of the year were met by our team with heart and resilience. And those themes became foundational to the “intention” with which we navigated 2022.
With that heart and resilience, we were able to accomplish a lot to be proud of in 2022. One thing we are particularly proud of is the launch of our DEI Career Connect program. This program connects law school grads with a passion for diversity to great Paragon clients for a 1-year in-house opportunity, kicking off the program with two of our incredible Bay area tech partners. We also saw record highs in the number of engagements, attorneys, and clients we support. We expanded into 30 states, and counting. We added 3 invaluable team members to our corporate team, and we got our entire corporate team together in-person for the first time in 2 years!
We enter 2023 with great excitement and optimism for what’s to come. Flexible legal talent has never been more relevant to address the challenges faced by in-house legal departments today, as they grapple with limited resources, growing workloads, stretched team members, and budget pressures.
We stand ready to fulfill our Why – to create opportunity and to have a meaningful impact on the lives of our employees and on the lives of our clients. We stand ready to meet any challenge with heart and resilience.
This year we will be making significant strategic investments in the business – to expand our attorney base and geographic reach in order to better serve our clients and teams across the US, and to remain laser focused on being a place that people truly want to work for and work with.
We look forward to being a part of your success in 2023 and to being the best client partner we can be.
Trista Engel
CEO, Paragon Legal
Where Are Legal Departments Headed in 2023?
/in Articles alternative legal services|employee handbook|legal industry insights|lifehacks/by competenowAs we close out the first month of the new year, the question on everyone’s mind is: what’s in store for corporate legal departments in 2023? The economy as a whole continues to suffer ongoing volatility and uncertainty, with so many companies right sizing their workforce through layoffs and organization-wide restructuring. Legal teams nationwide are wondering how all these major changes will play out for them.
From greater pay transparency to new worries in cybersecurity, we see a few emerging trends in the legal profession that reflect the new reality of reduced budgets and resources under which chief legal officers and general counsel must operate. Here are our top 8 trends for legal departments in 2023:
1. Resource constraints will shift in-house work even more toward Alternative Legal Service Providers.
While the layoffs of 2022 and early 2023 have grabbed headlines, legal departments have largely been spared from mass layoffs. Most companies still view lawyers as essential to handle increasing workloads and an ever-changing regulatory environment. That’s the good news.
While industry experts don’t anticipate corporate legal departments going through more mass layoffs, GCs will still feel the pressure to economize. Workloads and demand continue to mount, without the budgets or headcounts to keep up.
A renewed focus on cost- and resource-efficiency will spur legal departments to utilize flexible legal talent firms and other ALSPs to balance responsibilities while staying within budget. In fact, in a recent ACC survey, CLOs indicated that their number two strategic initiative for 2023 is right-sourcing legal services, meaning finding the optimal resourcing strategy for how the work of their legal departments gets done. Legal chiefs report shifting more work to ALSPs to alleviate their workloads while maintaining flexibility.
ALSPs also allow companies to combat rising outside counsel rates while still accessing skilled professionals with deep subject matter expertise.
2. Hybrid work is here to stay.
Hybrid work is one pandemic-driven shift that the workforce wants to keep. Many attorneys have gotten used to — and like — the flexibility of working from home. Another ACC survey found that 63% of in-house counsel are working hybrid schedules, while only 11% are working full-time in the office.
While many companies have moved from fully remote toward some in-office requirement, there remains a great deal of variation in what that looks like as companies are finding the balance between flexible work arrangements and incorporating in-person collaboration. With fewer people working in the office, it only makes sense to change what today’s office looks like.
Companies are experimenting with different amenities, such as larger meeting rooms and shared workspaces, that can better accommodate hybrid work. Look for further efforts around right-sizing office spaces and other ways to make the remote-hybrid model work … for everybody.
3. Legal operations’ strategic value will grow.
In the ACC CLO survey, ahead of right-sourcing as a strategic priority was legal operations at number one. Done right, legal operations is at the nexus of efficiency, cost minimization, right-sourcing, and technology-enablement in a legal department. As legal leaders are forced to maximize cost- and resource-efficiency, legal ops can lead the charge and show its true value.
Additionally, cybersecurity and privacy expert Ryan Blaney argues that legal departments, ALSPs, and law firms need to collaborate, rather than compete, to meet clients’ needs. Blaney refers to this cooperative model as a sort of “ecosystem” in which different players work closely together and play to their own strengths and services to tackle clients’ increasing workloads, especially in a tight labor market.
We expect most companies in 2023 will prioritize legal operations as they aim to navigate up-and-coming regulations and achieve business objectives in a cost-efficient and timely manner.
4. Cybersecurity and data protection remain legal’s top pressure point.
Amid recent cyberattacks and developing regulations, companies will likely invest more resources in their cybersecurity strategies in 2023 to protect their reputations.
In the nascent days of data breaches, companies relied mostly on their IT departments to stay on top of cybersecurity issues. However, it’s a much more complicated game today.
Companies now look beyond their IT team, and they are diverting cybersecurity responsibilities to their legal departments as well.
Asking more of the department has made an impact on legal’s budget and staffing decisions, as revealed in the Association of Corporate Counsel (ACC) Foundation’s 2022 State of Cybersecurity Report, which surveyed in-house professionals from 265 companies across 24 countries.
The report reveals that 38% of legal departments’ spending increased from the previous year due to their company’s updated approach to cybersecurity. Additionally, 22% of the companies are now hiring dedicated cybersecurity lawyers to coordinate cyberlaw strategies and advise on the changing regulatory landscape.
A recent Women, Influence & Power in Law (WIPL) panel also discussed the growing need for attorneys with specialized expertise in cybersecurity to navigate the “challenging minefield” of new cybersecurity updates from the SEC and the FTC.
Expect companies to direct more resources to protecting themselves against impending cybersecurity attacks and the related damage to their reputations.
5. Investment in legal technology will accelerate as a critical GC tool.
In 2023, we expect that legal departments will bolster their spending and investments in technology and tools to improve the delivery of their legal services and to manage increasing workloads, ongoing cyber breaches, and emerging regulations. Thoughtful investments in legal tech are another tool GCs have to increase efficiency and output with tighter budgets.
In fact, Gartner forecasted that legal technology spending will triple by 2025 as legal departments use tech to support workflows and improve productivity. Several legal technology companies reported stronger growth and hiring despite mass layoffs at other industries.
All in all, staff growth at legal technology firms and increased spending by legal departments strongly suggest an uptick in demand for legal technology and other productivity and efficiency tools.
6. Social responsibility and ESG become must-do for legal teams.
We anticipate that 2023 will place more pressure on more companies to adopt environmentally friendly and socially responsible practices and policies to closely align with the values of their consumers and employees.
The SEC’s stricter enforcement of ESG misconduct, the Talent Wars, and increasing competition make companies accountable for the public statements they make about ESG. In fact, a recent survey of 128 in-house counsel and business executives found that 80% of public company respondents say that they’re already preparing to comply with the SEC’s climate-disclosure rules.
Consumers now pay close attention to the missions of the brands they purchase. Likewise, employees evaluate company culture and values when deciding to join the broader team — or not. In this era of increased due diligence, consumers, and employees expect companies to do what they say and say what they do.
To remain competitive and attractive, companies are realizing that their ESG commitments are not a nice-to-have but a need-to-have.
7. The DEI mandate includes the entire legal department.
The legal industry has come under increasing pressure to move the needle on diversity, equity, and inclusion (DEI) efforts.
Annual reports have increased transparency by tracking the different nuances of “diversity.” Legal departments are also expected to meet various benchmarks to show progress in racial, gender, and even generational diversity.
Notably, DEI progress doesn’t just apply to top legal leadership positions.
For example, an October report from the Minority Corporate Counsel Association showed that while 2022 saw “substantial progress” in the number of women and minorities in senior leadership roles at major companies — the number of female GCs in Fortune 1000 companies rose 12% and GCs from underrepresented racial/ethnic groups rose 21% in 2021 — the same couldn’t be said for lower-level legal department roles.
In fact, diversity advocates are still frustrated over many legal departments’ “failure to use their clout to bolster the ranks of women and minorities” further down the department hierarchy. While legal departments have increased diversity in high-profile legal positions, they will be expected to show greater strides in promoting gender, racial, and generational diversity throughout the department rather than just in the upper echelons.
8. Pay transparency is at the dawn of a new era in the legal field.
Pay transparency laws have become a hot topic as more states and cities adopt pay transparency laws. These laws can help close gender and racial pay gaps, improve employee engagement, and promote a more positive work culture.
Sharing base pay and salaries has been venturing, albeit more slowly, into the legal industry, and we expect that pay transparency will become more commonplace in 2023. Look for some initial efforts around remote positions.
Corporate legal departments have also realized that they have to share this important information to not comply with new laws but, more importantly, to also attract and retain talent.
In a cautionary note, Airbnb’s former legal and ethics chief officer, Rob Chestnut, advised heads of corporate legal departments on the importance of proactively pushing for pay transparency and correcting pay discrepancies. He suggests acting before disclosures become public, or companies become vulnerable to losing employees and even lawsuits.
Pay transparency is disrupting the legal profession’s tradition of opacity and creates a new pressure point for legal departments among the many they must manage in the year ahead.
Case Study: How A Cybersecurity Startup Found Success With Interim Counsel
/in Case Studies alternative legal services/by competenowA law department head explains the consistency and long-term benefits of corporate counsel on-demand.
It’s no secret that startups tend to maintain lean legal teams. As a result, unique challenges can emerge when they need to adjust to the absence of a key contributor.
That was the case for Synack — a series D startup with a two-person legal team focused on cybersecurity tech — when its corporate counsel went on maternity leave for several months last year.
This was no simple challenge. The new addition would need to oversee all of the various service agreements and contracts negotiated by Synack.
Steve Soper, Synack’s Vice President of Legal, couldn’t do it alone. And kicking all of the needed work to outside counsel would dramatically increase his spending. Steve turned to the interim counsel model, which provides an embedded team member at a significant discount to Biglaw rates and without the commitment of a full-time hire. He interviewed several candidates to seek the perfect fit.
Paragon Legal introduced Steve to David , a lawyer with two decades of experience that includes serving as a general counsel and associate general counsel at public and private companies.
“Our legal team is asked to pick up any and all types of issues that come through the door, so you have to be a little flexible in terms of being able to manage different types of tasks,” Steve says. “You can’t really be a peer subject-matter expert and only do one thing here.”
“David was able to fill that void for us during that period of time.”
Getting Started
When Steve first considered bringing on flexible counsel, he was introduced to Paragon through his company’s HR team.He had a short call with Tracy Scanlan, Paragon’s Director of Client Development, to relay what his needs were.
Paragon then searched through its database of lawyers to find an exact fit for Synack’s legal team, and set up interviews with “three or four high-quality candidates,” Steve remembers.
The candidates had different levels of experience and different price points, allowing Synack to tailor the fit to its exact business needs.
Steve selected David after interviewing the candidates, and in less than two weeks, David was ready to work with the company.
“If there was a delay it was probably on me, and not on the Paragon team,” Steve jokes. “They were very helpful.”
The First Engagement
When he joined the Synack team, David effectively oversaw all of the contract issues, and was able to help in other areas as well, weighing in on employment questions and other corporate-type matters.
At Synack, a key legal department responsibility is also the quick turnaround of contract review when requested by the sales team.
The department has an internal SLA, or service-level agreement, where the response should be within three business days, Steve says. David was extremely helpful in ensuring the department continued to meet that benchmark.
“If there was an urgency of, ‘Hey, please review this,’ he always made time even in off-hours like in the evening for calls,” Steve says. “He was very responsive in terms of making sure that all of his work was timely and we weren’t missing any response time goals.”
Finding the right cultural fit was also important.
“Overall from a cultural perspective, he got up to speed quickly with how we communicated internally, using our messaging platforms, and it was a seamless transition,” Steve says.
Steve also notes that an additional benefit of interim counsel is flexibility of scheduling.
Synack engaged David for about 20 hours a week, and, Steve says, David was “always around.”
This allowed him to be engaged for 15 minutes or 30 minutes at a time on demand, only billing for the time he’s engaged.
A Second Engagement
With talented lawyers at a premium, a law department’s key members can be lured away at any time, and those roles can be hard to fill.
It’s a dynamic that’s particularly well-suited to the interim counsel model.
“Having that kind of background support structure in Paragon, where if we have an immediate need they have a pool of people they can call on to help us out, that’s a big relief for me,” Steve says.
Synack turned to that support structure after David’s engagement ended and the company’s corporate counsel left to join another tech startup.
Having worked with David before, Steve was able to re-engage him for a second interim counsel role after reaching out to Paragon.
David was able to “plug back in” on very short notice, Steve remembers.
“It was super helpful on the second engagement that he already had that kind of experience before and also the institutional knowledge of the business and the issues we really care about,” Steve says. “Having that resource was a super big help.”
He also said that even if David wasn’t available, he’s confident that Paragon can deliver another top attorney.
“At Paragon, so far, the people we’ve talked to have all been high-caliber candidates,” Steve says. “So I feel like even if David’s not available next time, I guarantee you can find someone else to do it as well. So that’s nice.”
Thinking Long-Term
Eventually, Synack hired a permanent replacement for the corporate counsel role, and David’s engagement came to an end — for the time being. With the ebbs and flows of Synack’s contract work, an eventual return is probable.
“Sometimes our contract work is cyclical, where there could be a month or two where there’s high demand in terms of contracts,” Steve says. “And so I could see us tapping him on the shoulder, and saying, ‘Hey, this is our big quarter. Can you come help on a couple of contracts?’”
And then there’s the deep familiarity with the operations of an organization that the interim counsel model provides, which is especially important for a company like Synack.
As a company that offers a unique service, the specialized knowledge required in the law department does not come without effort and experience — knowledge that David now has.
Steve is pleased to have this type of relationship moving forward.
“Given his knowledge of the company, it’s just super-nice, from my perspective, to be able to say, ‘Hey David, can you come back for a couple weeks to look at some contracts?’” Steve says.
“And I don’t have to go through the whole retraining process, which does take some time.”
Being Prepared
So, what can other companies learn from Steve’s experience with interim counsel at Synack?
It’s most important, Steve says, to plan ahead.
“Sometimes these needs where you have to find an external resource can come up quickly, right?” he says. “The need can just pop up out of nowhere.”
That’s why establishing strong relationships with outside vendors, even when you don’t have an immediate need, is an important step for law departments to take.
And, as David’s time at Synack showed, interim counsel can provide highly effective support to a legal team in a time of need, whether that is a leave of absence or general excess support.
“If you could plan ahead for that and develop a relationship with Paragon or other kind of similar staffing agency, I think that would be a huge help,” Steve says.
“If this need arises again, I can call Tracy and say, ‘Hey Tracy, we need a new lawyer. And I already have this kind of relationship where I can trust her finding the right person for us.”
Paragon Alumni Spotlight: Jason Leiser
/in Spotlights alternative legal services|employee handbook|legal industry insights|lifehacks/by competenowJason Leiser is Senior Counsel for Flynn Restaurant Group, an operator of thousands of franchised restaurants with brand affiliations including Pizza Hut, Wendy’s, Applebees, Taco Bell, Panera, and Arby’s. He is also the co-founder of One Pencil Project, a nonprofit that conducts education research and manages numerous international philanthropic programs.
We recently sat down with Jason to discuss why remote work is game-changing for job satisfaction, how entrepreneurial parents led him to a career in the law, and how the flexibility of a Paragon role allowed him to operate a nonprofit and spend four weeks in Africa — all while still tackling high-level legal work stateside.
Jason Leiser, Senior Counsel for Flynn Restaurant Group
Can you tell us a little bit about how you got into law and how you started working in the areas you’re working in now?
I come from a line of business owners and entrepreneurs on both sides. My father was in the consumer electronics business when I was growing up, but he sold that business in the early 90’s and pivoted into commercial real estate. I picked up things at the dinner table, both on the entrepreneurial side and the real estate side.
These days, I mostly do leasing work, but in my career I’ve done a combination of contracts and commercial real estate. When I went to law school, I started looking at different areas of the law and all the different ways that you can make an impact on this world, and that interest carries through today.
But I wound up in an area that was most familiar to me, namely commercial and real estate law.
After law school, what was your general career progression and what led you to Paragon?
I went to the University of Connecticut School of Law, and immediately after graduation I worked for a hotel developer and management company in Connecticut called the Waterford Group. It was an amazing experience. They had about 30 hotels that they operated, many of which they also owned. I was the only attorney in-house and it exposed me to an enormous variety of commercial work. I partnered with some outside counsel who were mentors to me.
I ultimately decided to leave the Connecticut area and got an opportunity with eBay, which brought me out to Salt Lake City. I was supporting their global real estate team, and also provided counsel to the team managing eBay’s global infrastructure and data centers. I performed a variety of roles on a contract basis until just after the pandemic hit.
Someone from Paragon reached out to me — I was pretty happy doing what I was doing, but I was really interested to see what types of opportunities they had and was actually very impressed with the level of sophistication and the types of roles that were available. They had an enormous demand for people who have my skill set, and, within a couple of weeks, I had several interviews.
What was it about Paragon that made you think it would be a good fit?
In addition to looking for fulfilling professional work, I needed the flexibility to travel and work remotely. About four years ago, my former partner and I created a nonprofit organization called One Pencil Project, and it was really important to me to be able to spend time on that. Paragon was able to accommodate that requirement.
In addition, the compensation and opportunities were excellent, with sophisticated work and interesting people. At the same time, they were really supportive if I wanted to work part-time or travel, even when I needed to go to Africa for four weeks with my nonprofit.
Other employers might push back on that, but Paragon let me work around it. They’ve been really supportive of my interests.
Tell us more about the One Pencil Project nonprofit.
One Pencil Project provides school supplies, academic scholarships and other forms of support to thousands of students from indigenous communities in Namibia, Angola and Bolivia. The populations supported are partners in expansive and ongoing scientific research being conducted by members of the One Pencil team in the fields of anthropology, economics and psychology.
What’s been your favorite Paragon client or engagement?
I’ve only had two engagements. They’ve both been real estate-heavy, with interesting leasing work.
The first engagement was with a financial services organization. It was a terrific assignment and I enjoyed the people I worked with — but it was a short term engagement while someone was out on leave. When that one came to an end, it wasn’t even a couple weeks until I had several other opportunities.
The second engagement was working with Flynn Restaurant Group, and I later joined their legal department full-time.
What skills did you learn while working at Paragon that helped prepare you for your full-time role?
One of the most interesting things about interim support attorney-roles and Paragon in particular, is the opportunity to work with several organizations over a relatively short period of time. It’s definitely a challenge to “helicopter” in, learn institutional operating procedures and make an immediate impact, but adapting quickly is a skill I am thankful to have developed. Each organization has its own institutional practices, processes, and procedures, a unique business model and risk tolerance, and the perspective gained is invaluable and highly transferable.
Work-life balance is a popular topic, especially since the pandemic. How does that factor in your life and what are some of your interests outside of work?
I think the paradigm is probably changing, and people’s expectations are a little bit different than they were pre-Covid.
I’ve been fortunate to work remotely in Mexico for about six weeks, in Israel for a couple weeks, and a few months in New Mexico, in addition to going to Namibia. It’s a privilege and one I don’t take lightly.
Paragon and my clients always knew where I was and that my work would always be done to the same high level.
In addition to my nonprofit, I love exploring the Mountain West. I spend a lot of time hiking and biking. I also enjoy traveling and spending time with friends and family.
How do you see the legal industry evolving in what will likely be a workflow that includes some remote component?
I think the quality of life you get with remote work is game-changing
The legal industry has had some bumps in the road as far as work/life balance goes, and some firms are notorious for not having it. I think as that changes, the industry can attract more people to the field.
I do also see the flip side of it, as employers are concerned about how they can build connection and loyalty through remote work, so there needs to be a balance.
We might need to come up with new and innovative ways to really create a connection between people who are not sharing the same physical space.
What legal trends do you think will be important heading into 2023?
I think that’s an interesting and challenging question, given the enormous amount of uncertainty in the economy, with changes in the stock market and the rise in interest rates. How much are employers going to be investing in new talent?
That may lead to even more Paragon-type work environments or more temporary and contract-based work.
I’m hopeful that the work I’m currently doing is recession-proof, but in the real estate realm, I think it’ll be interesting to see how office space settles out as the paradigm shifts to more remote work.
What does office space look like going forward? We should have a clearer answer to that in the coming year.
2022 Paragon Diversity Report
/in Reports/by competenowWhat’s Your Type of Law Department?
/in Reports/by competenowThe most famous of the maxims inscribed on the Temple of Apollo at Delphi is “Know thyself.” Scholars believe these words were inscribed on the temple around 300 to 400 B.C.E.
So, ask yourself, does your law department really know itself? Or do your attorneys get so bogged down by work that they never lift their heads to consider how they and their colleagues might fit together as an effective, well-functioning whole?
A little self-knowledge can go a long way when it comes to finding the best solutions.
This article will explore the characteristics of three types of law departments. Its goal is to offer a fresh way to look at whatever confronts you, whether you fit neatly into one of these categories or hover somewhere in between.