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David JonesDeputy General Counsel for the Port of San Diego |
Q: Please tell us about your current role and how you got to where you are today.
A: I’m currently the Deputy General Counsel for the Port of San Diego, a self-governing California state entity established in 1962. The Port holds title to waterfront property around 34 miles of the San Diego Bay, which has been developed into parks, restaurants, hotels, concert venues, recreational and commercial fishing boat marinas, shipyards, breweries, cruise ship and cargo terminals, and wetland mitigation banks, among other uses. It does not collect tax dollars but relies on its diverse portfolio to generate revenue.
Our General Counsel’s office has eight attorneys and six staff members. My primary focus is on managing and developing the Port’s real estate portfolio, which generates about $200 million in annual revenue. We use various real estate documents to structure transactions, but generally, large-scale developments are governed by long-term ground leases with tenant developer/operators. Current projects include the $1.3 billion Gaylord Pacific Resort in Chula Vista, a multi-billion dollar proposed redevelopment of 39 acres of downtown San Diego’s waterfront, a proposed TopGolf facility adjacent to the San Diego Airport, the construction of Freedom Park at Navy Pier adjacent to the USS Midway Museum, as well as various easements, parking agreements, lease assignments, and other miscellaneous matters.
I grew up and attended college in California but chose Wake Forest for law school, and I loved my time at Wake and in the Carolinas. After graduating in 2011, I accepted a federal clerkship with the then Chief Bankruptcy Judge of South Carolina, the Honorable John Waites, in his Charleston chambers. Toward the end of my clerkship, the Great and Powerful David Eades fortunately hired me to join MVA’s bankruptcy team.
In 2013, bankruptcy work was slowing as the economy was improving, and I, perhaps naively in hindsight, started to get a bit nervous. I was also occasionally playing tennis with the legendary Palmer McArthur (great forehand, nonexistent backhand) and knew he was looking for some help on the Real Estate team, so I decided to make the jump. It was tough because I really enjoyed the MVA bankruptcy squad and learned so much from them in a short amount of time – David, Steve, Ben, Jim, Alan, Luis, Cole, Hillary, Zach, and others. Some may say I was forced out because I beat Steve Gruendel in ping pong with a frying pan in front of the whole team, but that’s up for debate. My experience working with Palmer, Mike Hebert, and the rest of the real estate team was equally great.
In 2014, I moved back to California to be close to my father, who was unfortunately sick with cancer. Ultimately, I joined the San Diego-based firm Procopio, where I focused on all things real estate along with joint venture formation.
In 2019, seeking a more organizational role, I applied for the Port job and was hired in early 2020. It took time to get my arms wrapped around the Port’s operations and portfolio, but it’s been an interesting and enjoyable ride.
Q: What are some best practices for junior lawyers looking to stand out and move up in your organization?
A: For junior lawyers, I think asking questions in person is key. Building strong relationships and getting valuable advice is just easier, in my opinion, face-to-face than over the phone or virtually. As a junior lawyer, it's crucial to clarify your understanding and confirm you're on the right track. While being in the office five days a week might not be necessary, face-to-face time is important, especially early in your career.
At both MVA and Procopio, I constantly popped into offices to ask questions and found senior attorneys more than willing help. For example, Ben Hawfield was always generous with his time and a wealth of knowledge and wisdom – getting advice from someone so smart and experienced is tough to replicate. Take advantage! You'll learn about the law, where to find information, client communication, and how to better operate within your organization and the legal world.
I still regularly seek advice from colleagues when they have relevant knowledge or experience. Over the years, these interactions have been invaluable for both my personal and professional growth.
Q: What suggestions do you have for an in-house attorney looking to better engage his or her client and become a more integrated, trusted advisor?
A: Strive to balance being a facilitator and knowing when to put up the stop sign. You don’t want to be tagged as either a perpetual roadblock or a rubber stamp. To get there, you want to understand the client group’s needs, the organization's broader goals, the legal hurdles, and how these elements interact.
Relatedly and to further aid that process, constantly improve your understanding of how the organization operates. Institutional knowledge takes time but is incredibly beneficial. Knowing how things are interconnected, the potential broader impacts of specific deal structures or policies, and being able to ask the right person the right question will make you more efficient and effective.
Lastly, recognize that it's nearly impossible to completely de-risk a transaction with a third party through deal documents alone, and trying to do so is mostly counterproductive. Help your client understand the risks and find creative ways to mitigate them, such as through insurance, bonds, third-party contracts, or innovative language and deal structures.
Q: What recommendations do you have for in-house counsel who are managing outside counsel with deep relationships with more senior leaders in the law department?
A: Being very specific with your ask is crucial, especially when working with outside counsel for the first time. If outside counsel interprets the ask too broadly, it can lead to unnecessary costs, which is uncomfortable for everyone. Know your budget constraints, communicate your needs clearly, and convey billable expectations. This will help outside counsel understand your preferences, encourage follow-up questions, and build mutual understanding, trust, and respect.
Q: Outside of your family and the law what has been your most rewarding experience?
A: Building good personal relationships has been a blessing for me, both personally and professionally. Life happens, things get busy, and sometimes you lose touch with people. However, it's wonderful when someone re-enters your life, even briefly, and you can reconnect. Mike Hebert reaching out for this newsletter is a perfect example. It’s been really rewarding to catch up, reflect on my time and experiences at MVA and in the Charlotte community, and learn about the firm’s growth.