UNIVERSITY OF FLORIDA LEVIN COLLEGE OF LAW
November 2, 2009 | Vol. XIII, Issue 10
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Boyarshinov explains life as in-house counsel for Shands

healthcare

After graduating from the Levin College of Law in 2007, Andrei Boyarshinov did what most law graduates expect to do. He joined a large law firm as an associate to begin his practice. What happened after that, however, was more unusual.

Boyarshinov was given an opportunity to work for Shands HealthCare while still employed by the firm, an arrangement referred to as a “secondment,” which he described as the lease of an associate. Boyarshinov had prior experience as an extern with Shands as a law student and had been working for a firm that focused on medical malpractice liability defense. Shands was impressed with Boyarshinov’s work and offered him a full-time position, which he accepted. Boyarshinov is now in-house counsel for Shands and was sponsored by the Healthcare Law Society at the Levin College of Law as a guest speaker on Oct. 28.

In his presentation, Boyarshinov shared his experiences as in-house counsel, especially as differentiated from large-firm practice, and also explained how law students interested in becoming in-house attorneys for a hospital may give themselves a competitive edge.

“Our department in house is like a full-service law firm for the hospital, except there’s no billing and we have only one client,” he said.

He stated that while the focus of lawyers practicing in a firm is on damage control, because a problem has already occurred by time the lawyer sees the client, the focus of in-house counsel is on risk management and the prevention of conflict.

Boyarshinov added that as, in-house attorneys, those in his office do not litigate, but rather provide legal advice internally. Any necessary litigation is outsourced to other attorneys, supported by in-house counsel, he explained.

Boyarshinov also focused on the need for in-house counsel to be able to develop solutions to complicated problems and then have the ability to present them to hospital administration in a concise fashion.

While attorneys working under the partner and senior partner hierarchical structure at a firm may be accustomed to preparing lengthy memos to explore legal issues, Boyarshinov stated that such memos, no matter how painstakingly researched and written, fail to impress hospital administration if they do not provide cogent solutions.

“They want specific advice about what they are supposed to do.”

The career path that Boyarshinov has taken so far may be unusual compared to the career path that most attorneys choose, but it is not unusual within the department where Boyarshinov works. He explained that most in-house attorneys work for a law firm first to gain experience, and that the average number of years experience in his department is eight and a half.

Boyarshinov suggested that law students interested in this area of law expand their knowledge base through externships, healthcare law classes, or even by volunteering their time at American Health Law Association conferences.

He concluded his presentation by characterizing his career with Shands as in-house counsel versus staying with a large firm as his personal pursuit of happiness. He explained that the lifestyle offered as in-house counsel, which involves no billable hours, afforded him more flexibility and time at home with his growing family.

“If you’re looking between lifestyle and money, then you may consider an in-house job,” he said.