General Counsel, In-House Counsel, Politics

Thanks For The Job Security, Mr. Trump

What does the election of Donald Trump mean for in-house lawyers?

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Donald Trump (by Ali Shaker/VOA)

Donald Trump (by Ali Shaker/VOA)

No, I am not a Carrier employee impacted by one of President-elect Donald Trump’s infamous tweets. Nor am I expecting to receive one of the jobs he has promised to create through his economic plan. I am your average in-house counsel for a hospital network that often feels far removed from whims of D.C. politicians.

Yet since Trump’s improbable election last month, I have felt a slight boost in not only my own job security, but my overall value to my organization.

Over the past eight years, President Obama has brought unprecedented change to the health care industry. The sheer magnitude of the Affordable Care Act alone secured employment for countless of my fellow healthcare attorneys and led to the expansion of many a Biglaw healthcare practice around the nation.

Getting involved with healthcare law in the days prior to President Obama’s election was as fortuitous as buying Apple stock prior to the introduction of the iPod or stockpiling Hatchimals prior to this year’s Christmas craze. As the President steadily implemented his health care agenda during his first term in office, in-house and Biglaw healthcare counsels alike were in high demand.

But while his policies were revolutionary at the outset, over time the industry began to adapt, implement, and even anticipate the changes, which has slowly diminished our value and influence by the end of his term.

Which leads me to my begrudging gratitude for Trump’s agenda, whatever it may ultimately bring, securing my employment for at least the next four years.

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Despite your personal feelings toward his politics and/or his campaign promises, it doesn’t take a Miss Cleo to predict a steady stream of changes once again await the healthcare industry post Mr. Trump’s inauguration. If the implementation of the Affordable Care Act created a boom in health law hiring, just imagine how many folks it will take to implement whatever the next administration’s healthcare plans are.

Although I know my colleagues’ and my futures are secure for the next few years at the least, it has hardly numbed the pain associated with the purging months or years worth of work we anticipate will be for naught under a Trump administration.

We have spent countless hours spent preparing for a proposed rule that will never be promulgated. We have forced process changes in our business practices that were once necessary to comport with an existing regulation that is now likely to be repealed. Worst of all, we will need to reexamine the additional staff hired to support some of the changes and additional compliance regulations that will likely be repealed or relaxed.

But such is the life of in-house counsel.

Having these regular fire drills while working in an area of law that can substantially change every four years can be a good thing, even if our work is never implemented or is only in effect for a short time. They not only force me to stay up to date on the latest industry trends (I was done with my CLE hours by April), but they also keep us more closely connected with the business side of our organization, which helps my non-legal colleagues build trust in the work we as in-house perform each day.

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So in 2020, regardless of if it’s Trump, Michelle, or even Chelsea, we are ready for whatever may come our way.

Stephen R. Williams is in-house counsel with a multi-facility hospital network in the Midwest. His column focuses on a little talked about area of the in-house life, management. You can reach Stephen at stephenwilliamsjd@gmail.com.

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