Hiring In-House Counsel for Tech Companies: The Dos and Don’ts Hiring Managers Should Know
As technology companies grow, they often reach a tipping point where outsourcing all legal needs is no longer efficient. The decision to bring on a full-time in-house counsel is a big one — and so is finding the right person for the job.
At FLEX by Fenwick, we’ve helped hundreds of innovative companies at all stages find exceptional lawyers who understand both the legal and business needs of tech. We’ve seen firsthand that the hiring process for an in-house counsel role is different from filling other positions — and that certain mistakes can cost you time, money, and strategic advantage.
Whether you’re hiring your first general counsel, interim in-house counsel, or adding to an existing legal team, here are our top dos and don’ts for making the hire a success.
DO: Clearly define your company’s needs before you start interviewing
Prioritize what you really need relative to your existing department — whether that is practice area, management experience, location, industry knowledge, interim versus permanent commitment, or even soft skills — be clear on who you need. Getting clarity on the must-have details versus nice-to-haves will focus your search and help candidates self-select. Working with an ALSP like FLEX for interim counsel support will help you manage hiring costs, reduce onboarding, and streamline the pipeline of qualified candidates.
Draft the job description around the problems you need solved immediately or over the next 12–24 months — not just a list of generic legal qualifications. Also, do years of experience really matter? Think it through before you decide on a range to avoid deterring skilled candidates who fall outside the years of experience.
DON’T: Overemphasize pedigree at the expense of fit
Sure, a resume stacked with top-tier law firms and big-name companies can be impressive. But in a fast-paced tech environment, agility, business sense, and cultural fit often matter more than the logo list. Excellent in-house counsel need to translate legal risks into business decisions quickly — and thrive in the ambiguity of a growth environment.
DO: Look for tech-savvy problem solvers
Technology companies face unique legal issues around IP, data privacy, AI ethics, open-source licensing, global expansion, and much more. Great in-house lawyers in tech aren’t just “issue spotters” — they’re creative problem-solvers who can give actionable, business-oriented advice in complex, emerging areas.
Ask interview questions that explore how candidates have navigated rapidly evolving legal frameworks or unfamiliar technical subject matter.
DON’T: Overload the role from day one
It’s tempting to hire one lawyer to “handle everything.” But stretching a single hire across wildly divergent areas — from international privacy compliance to managing litigation to drafting equity plans — can lead to burnout and missed details. Clarify priorities and, if needed, plan for phased growth of your legal team or supplemental support from long-term or interim in-house counsel as you scale.
DO: Move quickly when you find the right person
Great in-house counsel — especially those with tech experience — are in high demand. Lengthy hiring processes or hesitation over minor details can mean losing your top choice to another offer. Streamline internal approvals and keep candidates informed and engaged at every stage.
DON’T: Neglect onboarding
Even experienced counsel need time to learn your products, market, and internal processes. A strong onboarding plan that includes introductions to leaders across the company and deep dives into your business strategy will help them deliver value faster and with more confidence.
Final Thoughts
Hiring in-house counsel is a strategic investment in your company’s growth and risk management. The right hire can help you scale more efficiently, navigate regulatory change, and seize opportunities with confidence.