Should In-House Counsel Sign Interrogatories? Career Guide

Dear Victoria E.,

The Reality of In-House Discovery Responsibilities

Your concern is understandable given your BigLaw background, but signing discovery responses is a standard responsibility for in-house counsel. Unlike at law firms where partners typically handle these signatures, corporate attorneys are expected to take direct ownership of discovery matters affecting their company.

Here's what I'd consider as you navigate this new aspect of your role:

Why In-House Attorneys Sign Discovery Documents

As corporate counsel, you may be positioned to verify company information, though the specific requirements and appropriateness can vary. You have direct access to business records, can consult with relevant departments, and understand the company's operations in ways outside counsel cannot. Consult with litigation counsel about Rule 26(g) obligations in your specific situation.

In Charlotte's robust financial services market - with Bank of America and Wells Fargo headquarters driving significant litigation activity - in-house attorneys at financial institutions often handle discovery signings, though practices vary by company. It's particularly common in the banking sector where regulatory compliance and litigation management are core legal functions.

Professional Liability Considerations

Your professional liability concerns are valid but manageable with proper procedures:

• Reasonable inquiry standard: Generally, courts expect reasonable efforts to verify information accuracy rather than guaranteeing perfection, though standards can vary by jurisdiction
• Company insurance: Many employers carry professional liability coverage for in-house counsel activities, though you should verify your company's specific coverage
• Documentation: Keep records of your review process and consultations with business units
• Limitations: Note any limitations in your knowledge or access to information in responses

Best Practices for Discovery Signing

Develop a systematic approach to protect yourself and serve your company effectively:

Establish review protocols: Create checklists for verifying information with relevant departments. Consult with IT for electronic records, HR for employment matters, and finance for monetary claims. Document these consultations.

Work with outside counsel: Even when signing internally, coordinate with external litigation counsel on strategy and legal sufficiency. They can review responses before you sign.

Know your limits: If information is outside your reasonable access or knowledge, state those limitations clearly in responses rather than guessing.

Career Development Opportunities

Rather than viewing this as additional liability, consider it career development. Managing discovery demonstrates:

• Direct litigation management experience
• Cross-departmental collaboration skills
• Risk assessment capabilities
• Practical legal judgment under pressure

These skills make you more valuable for senior in-house roles and distinguish you from attorneys who've never handled direct litigation responsibility.

Market Context for Your Role

Charlotte's legal market has seen tremendous growth, with major firms expanding their local presence specifically to serve the financial services sector. Your experience managing discovery as in-house counsel at a financial institution provides valuable credentials if you ever want to move to firms like Moore & Van Allen or Robinson Bradshaw, which handle significant financial services litigation.

The combination of BigLaw training and hands-on in-house discovery management creates a compelling profile for future opportunities, whether in-house or back at firms.

Making the Transition Work

Start by requesting your company's standard procedures for discovery responses. Many established companies have protocols developed by previous counsel. Ask about professional liability coverage and consider whether additional personal coverage makes sense.

Schedule time with your manager to understand expectations and escalation procedures for complex discovery issues. Establish relationships with key business contacts who can help verify information quickly.

Remember that this responsibility reflects trust in your judgment and capabilities. Companies often assign discovery signing to attorneys they view as senior legal resources capable of making important decisions.

The learning curve exists, but managing discovery responsibilities positions you well for advancement within your current company and enhances your marketability for future in-house opportunities throughout the Southeast's growing legal market.