OMAHA, NE – What are some of the key areas in which in-house counsel duties are expanding? According to John Fedun (pictured at CSC 2024), assistant general counsel at Kiewit for the past 13 years, many services that have traditionally been outsourced are now being brought in-house.

“Most notably, formal dispute resolution procedures—in some cases including litigation—are being handled entirely in-house,” says Fedun, who provides legal coverage for Kiewit’s northeastern US infrastructure work, and for one of its nationwide business units. “We generally utilize outside counsel to provide advice on specific issues when we do not possess that expertise in-house, and to provide additional resources when matters require them.”

As in-house counsel, Fedun points out that it is always important to keep in mind the limits of attorney-client privilege with respect to non-legal advice. Therefore, any strategic advice provided would generally be in the form of explaining the likely outcomes of various actions and positions so that executives can make well-informed strategic decisions.

As for the foreseeable future, Fedun expects the role of in-house counsel to continue to expand. “There will always be a place for outside counsel to provide key advice on specific issues and no in-house department will have the resources to handle a significant litigation on its own,” he says. “However, as in-house departments expand, the expectation is that they will handle more matters in-house to control outside counsel spend.”

Fedun sees a few misconceptions about the role of in-house counsel, but the biggest one is the mistaken belief that it is the job of in-house counsel is to supervise outside counsel who do all the work. “We are handling all manner of substantive issues in-house,” he confirms, “and are very cognizant of the cost vs benefit of bringing in outside counsel on any given matter.”