5 Questions for a Practitioner: Sharon Schawbel '01, Counsel, Staples, Inc.

Prior to attending law school, Sharon Schawbel received a Bachelor of Science in Management from the Tulane University Freeman School of Business in New Orleans, Louisiana and subsequently worked for five years in the field of Event Planning.  After graduating from  New England Law | Boston, Sharon became a litigation associate at a small law firm in Framingham, Massachusetts, concentrating her practice in civil litigation and litigation defense.  After nearly four years in the litigation arena, Sharon accepted an in-house counsel position with RNK Communications (a telecommunications service provider) where she handled a variety of legal and regulatory matters for the company.  Sharon joined Staples in April of 2009 and in the position of Counsel supports both Merchandising and the Staples Brands Group, advising these business units on a variety of legal issues relating to the procurement of OEM (original equipment manufacturer) product for retail stores, as well as the creation, sourcing, production, importation and marketing of Staples' own-brand product line. Sharon is also a member of the Legal Department’s Commercial Compliance Team, which identifies, tracks and informs business units of proposed and passed legislation impacting their functions.


1. How did you get started working as an in-house attorney?
My first few years after law school were spent working for a small litigation firm doing mainly insurance defense work.  That immersion in litigation, although by no means my practice area of choice, gave me a very solid legal background and the ability to truly understand how the legal process and cases work.  When I came upon an opportunity to move in-house, it was that litigation background that ended up sealing the deal for me.  The company I ended up going to was interested in adding someone to its legal team with litigation expertise, so it ended up being a great fit. After three and a half years in that position, I’d gained enough experience and insight into providing legal advice as a company employee to be well prepared for my current position at Staples.

2. What is a typical day like for you?
Working in-house you get to really focus on the work of just one client – your company.  In my case, because I work for such a large company, that gets drilled down even further.  My clients within the company are two business units.  One is the own brand product group responsible for creating, sourcing, manufacturing and marketing the company’s private label products.  The other is the retail merchandising group, which is responsible for choosing the assortment of products in our retail stores and making sure they actually get on the shelves.  The legal work is extremely interesting, and there’s never a dull moment.  On a very regular basis I encounter projects, issues and challenges that are somehow different than those dealt with previously, often requiring creative thinking to resolve them in a manner that is both legally acceptable and beneficial for the business.  My work touches on product creation, including intellectual property issues, negotiating contracts with product vendors and foreign manufacturers, international trade issues (importing/customs) and a lot of advising on consumer product laws, regulations and issues to ensure that the product content, composition, packaging, claims and promotions comply with all applicable laws.

3. Were there any particular law school or post-graduate experiences that especially prepared you for this career? 
The courses I chose in law school were mainly geared toward the bar exam.  I’d take a class here and there on a subject of interest, but was very focused on being as prepared as possible for the bar exam.  I figured without that I was not going to get too far!  Generally though, I’ve found that every experience teaches you something, so any legal work you do and exposure you get is valuable.  For me, I can really just point to my litigation background, as it provided a solid legal foundation and understanding that I was able to build and expand on, transitioning into the role I have today.

4. Are there certain personality traits candidates should have in order to do well as an in-house counsel?
When you work in-house, and for a large global company especially, you’re going to have to deal with different types of people at all different levels of the organization - many who may have little knowledge of legal issues. There might be college interns working for your client for a semester and just learning the ropes and then there are the Vice Presidents, Senior Vice Presidents and higher who you may need to fill in on exactly why the really great endeavor they’re so excited about could pose great risk to the company.  The ability to think things through, be diplomatic, understanding, build rapport and to simplify and explain complex concepts will serve you well if you practice in-house.  Come to think of it, I imagine those traits will serve you well in almost any position – life, career or otherwise!

5. What advice do you have for law students and graduates interested in pursuing in-house counsel positions? 
I think being realistic is probably most important – which does NOT mean being pessimistic!  The reality is that in-house positions are typically filled by lawyers with several years of experience and oftentimes “big firm” experience.  That is not always the case though, as I can attest!  So once you have established your solid legal foundation, I think looking at smaller companies who have in-house legal positions is the best place to start.  At a small company, you’ll be exposed to a variety of practice areas (promotions, advertising, HR, employment, regulatory, contracts, negotiation, intellectual property), and these smaller companies will likely be more flexible on the experience level required.  Note that there are not usually a lot of these positions, as small companies tend to have very small legal departments, but if you’re persistent and keep your goal in sight, the right opportunity will come along. In the meantime, you are gaining more and more experience that will make you invaluable to the company that plucks you up in the future!

5 Questions for a Practitioner: Elizabeth A. Marcus '97, EEOC Mediator

Elizabeth A. Marcus hails from Stamford, Connecticut. She was awarded a Juris Doctor from New England Law | Boston in 1997, and is a member of the Massachusetts Bar. Since completing her formal education, she has worked exclusively in the area of employment law, initially with the Massachusetts Commission Against Discrimination and then with the Equal Employment Opportunity Commission (EEOC). In addition to mediating thousands of employment discrimination complaints, Attorney Marcus has completed formal mediation training with New York University School of Law and Cornell University’s School of Industrial and Labor Relations. She serves on the Greater Boston Federal Executive Board’s Diversity Committee, chairs a newly-formed Shared Neutrals Committee, and mediates cases for the Shared Neutrals Program. Attorney Marcus also performs federal sector mediations for the EEOC Administrative Judges. 

1. How did you get started as a mediator with the Equal Employment Opportunity Commission? 
After completing law school, I worked as an investigator at the Massachusetts Commission Against Discrimination. From there, I moved over to an investigator position with the Equal Employment Opportunity Commission. While I enjoyed the neutral role of the investigator, I was making determinations of past events. The mediator position was of interest to me, because in mediation I retain the neutral role, but also work with the parties to look forward and plan future events and outcomes. As the mediator at the time became an Administrative Judge, the position opened. I first detailed to the job, meaning I was selected to try it out for 90 days. Details come up from time to time in the federal sector and are fantastic opportunities for professional development.  I then competitively applied and was selected to be the mediator on a permanent basis.

2. What is a typical day like for someone in your field?

I have three typical days.  The first is a day with a mediation session, which typically lasts 4-5 hours.  If I am in the Boston office, I spend the time around the session preparing for the case, and responding to party inquiries. If the case is in another New England location, I spend the time around the session traveling.

The second typical day is an office day.  I spend my time moving approximately 130 cases through the program.  I spend a lot of time on the phone educating parties and answering questions about mediation and the agency process, and then scheduling mediation sessions all over the New England area.

The third typical day is an outreach day.  This may consist of educating employer or employee groups about mediation, it may consist of training people how to mediate, it may be a career forum or a brown bag lunch.

3. Are there certain personality traits candidates should have in order to do well as a mediator?

To be a mediator, you have to be forward looking, moving beyond disputes of fact and law to focus on interests and options for resolution. You have to be able to put aside any personal feelings you may have on a particular issue, including  issues pertaining to race, color, national origin, gender, age or disability. You also have to be “on” the entire time, so there is no room for an off day where you don’t feel like talking to people. Other traits of importance are patience, comfort with all kinds of people, and strong listening skills. 

4. Were there any particular law school experience(s) that especially prepared you for this work?

The skills I learned in law school and use daily as a mediator are to stay organized, focused, identify key issues, and not get distracted by red herrings. It can be far easier to get off track in a live conversation than on paper, so these skills really help.

 

5. What advice do you have for law students interested in pursuing a career with the federal government?

First, create an account on USAJobs and apply often and early. Even if you are not ready to apply for jobs, the weekly job posting updates will give you a sense of what is out there. The application process can be daunting, but the more you do it, the better you become at navigating the system. Second, work with your career services office to identify federal employee alumni and see if you can schedule informational interviews with them. Internships in the federal sector are also helpful as agencies will be more comfortable with you knowing that you have had previous exposure to the federal sector.

5 Questions for a Practitioner: Richard J. Sweeney '00, Sullivan and Sweeney LLP

Richard J. Sweeney is a partner at the firm of Sullivan and Sweeney in Quincy, MA and is currently the Secretary of the Norfolk Bar Association. He is a retired Boston Police sergeant and former instructor at police academies statewide. His practice is primarily handling criminal defense matters in District, Superior and Federal Court. He began as a law clerk at his present firm while a second year law student at New England Law and rose to full partner in 2006. In addition to his other cases he has sat as second chair in several homicide cases with his partner and has successfully obtained several six figure settlements in personal injury cases for his clients.  He is a 2000 graduate of New England Law | Boston.

How did you get started in this particular field?
After retiring from the Boston Police Department I wanted to stay active in the legal field and thought that being an attorney would interest me and allow me to assist others. Deciding on criminal defense was an easy choice as I was able to use the knowledge and experience gained from my years as a police officer and turn it into a strength as a defense attorney. It was one of my better decisions in my life.

 What is a typical day like for a criminal defense attorney?
An active criminal defense attorney begins their day in court with hearings on motions, pre-trial conferences and/or trials. A great deal of time is also spent explaining to your client(s) what is happening in their case. Afternoons are filled with client meetings, research, and writing motions and memos for upcoming cases. It is important to keep up with the latest cases that affect your clients. A few evenings each month are dedicated to bar associations and other related activities to network and stay involved in the legal community.

Were there any particular law school experience(s) that especially prepared you for practicing criminal law?
Criminal law in particular calls for an expertise in evidence. Cases live and die on whether a piece of evidence is admissible. A course in clinical evidence is a must to gain expertise in everyday practical evidentiary issues. I also highly suggest any clinic or class that gets you on your feet and involved defending your arguments. Every new attorney needs to learn the proper foundation questions needed in court for evidence or testimony as well as the proper objections and motions needed to exclude evidence in all cases. The mediation course at New England Law also taught me some valuable lessons and the skills necessary to negotiate plea bargains and other issues. Finally, I highly suggest that you clerk for a criminal defense attorney or take a clinical class that gives you courtroom experience. I participated in the family law clinic supervised by Professor Oro that required I go to court on a regular basis and her suggestions and critiques were most helpful to me. As I transitioned from a student to a practicing attorney, Professor Oro was always available to assist me with any questions that I had. One of the best benefits of a New England Law education is that you can still reach out to the professors after graduation. They are a great resource that I continue to utilize to this day.

Are there certain personality traits candidates should have in order to do well in this field?
A desire to compete at a high level, an outgoing personality and an honest compassion for the people involved in each case.You have to be self-confident and willing to fight for your clients and ensure that their rights are protected so that they get the best possible defense. The most successful criminal defense attorneys I know are highly competitive and their backgroundS reflect that. There is also a camaraderie in this area of the law that, I believe, is unparalleled and makes it a rewarding practice.

What advice do you have for law students interested in pursuing a similar career path?
Law school alone does not prepare you for the world of practicing law in a courtroom. There are numerous forms, rules and procedures (and personalities) that will be foreign to you and the lack of real life experience can be overwhelming at times. Working in a district attorney's office as a SJC Rule 3:03 student attorney or as a law clerk with a practicing attorney is absolutely invaluable in making yourself marketable. I started in my firm as a law clerk after my second year in school. I became active in the Quincy and Norfolk Bar Associations almost immediately after passing the bar. I also stayed in touch with most of my professors after I graduated. Hard work and valuable connections made during my first five to seven years out of school helped me rise to partner and become Secretary of the Norfolk Bar Association. Networking is an absolute essential piece of your law school experience and you should use these years wisely by getting to know as many people in the field as possible. Like other firms, we have hired our associates from the ranks of our law clerks. Most jobs in small firms come from recommendations from friends and fellow attorneys. You can work yourself into a job in just a short time as an intern or a law clerk at a reputable firm.