Dustin Isaacs – GC Powerlist
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Canada 2020

Materials and mining

Dustin Isaacs

Vice-president, general counsel and corporate secretary | Turquoise Hill Resources Ltd.

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Canada 2020

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Dustin Isaacs

Vice-president, general counsel and corporate secretary | Turquoise Hill Resources Ltd.

Dustin Isaacs - Canada 2016

General counsel and corporate secretary | Turquoise Hill Resources

Before being appointed as general counsel and corporate secretary at mineral exploration and development company Turquoise Hill Resources in January 2013, Dustin Isaacs spent some time with Rio Tinto in...

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About

Editor’s note: This interview was conducted prior to March 2020.

What are the most important transactions and litigations that you have been involved in during the last two years?

Continued efforts to advise and influence key stakeholders in areas of strategic importance and governance. Trying to ensure intentions are effectively communicated and understood among stakeholders so that I and my team can effectively help the organisation drive forward with a constructive, win-win solution that is in the best interest of the company as a whole. That is the most important way I add value.

How do you feel in-house legal leaders can successfully introduce and implement a culture within a legal department?

I think it is important to be both a vision leader and a people leader. You have to embody the values, work ethic and priorities that you want for your team. Additionally, you should really get to know the qualities of each member of your team including strong suits and areas for development as well as their own personal aspirations. Development is not simply upward title mobility, but aligning personal areas of interest (e.g. negotiation, particular area of law, work style) with the best fitting opportunities in your organisation. The time and energy to cultivate one-on-one relationships with each team member to gain insights in order to achieve this is well worth it.

If you had to give advice to an aspiring in-house lawyer or general counsel what would it be and why?

Embrace diversity in all its facets. Immersing yourself in and promoting an environment where board and management diversity is welcome and encouraged can lead to a corporate culture where a plurality of thought, perspectives and approach will prove, I believe, an invaluable richness in the organisation’s strategic plans.

How do you suggest in-house lawyers build strong relationships with business partners within their company?

Develop at least a basic understanding of what your business partners do. Cultivate and maintain a genuine curiosity in the concerns, interests and objectives of your internal stakeholders. Understanding what keeps them up at night as well as their vision of future state gives you the opportunity to have meaningful and deep interactions that will inform your legal advice and support and help establish the bedrock of a solid relationship where the lawyer’s input is valued.

What techniques do you use to provide commercially-focused advice to your company, and how do you communicate these to more junior lawyers in the team?

Drink from the fire hose and learn everything you possibly can about the company’s business. Deep and detailed knowledge of corporate strategy, risk appetite, growth potential, stakeholders and key metrics by which the company measures success allows your legal advice and input to be customised in a practical way that best serves the unique framework and context of your company and the industry(ies) within which it operates.

FOCUS ON: DEALing WITH CHANGE

Dealing with changing, complex situations. Sorting through the big data mushrooming in the inbox. Managing the bombardment of urgent and competing priorities or meeting invites. Navigating the ambitious agendas of important meetings that seem to churn out a never-ending stream of new legal issues and risks at every turn. Providing solid and appropriate advice faster then a speeding bullet. Yes, it does sort of feel that the mild-mannered Clara and Clark Kents of the legal profession are being called upon to transform into juridical Superwomen and Supermen.

In an environment where the requirement for making numerous and quick decisions is required amidst a vast and seemingly endless amount of data and information piling up in our inboxes, the in-house lawyer is expected to address the important issues at the right time with the right advice. How to do this? Here are a few practices I have found helpful when trying to cover marathon legal work at the commercial speed of the 100-metre dash:

1. Establish priorities yourself. Being the in-house lawyer you will likely know quite broadly the various work streams. You will also know the strategy and key risks to the company. These should help you to navigate what to focus on and when to best serve your organisation. Don’t feel guilty or discouraged about not getting the things you planned for the day done or missing a promised deadline. Set your priorities and impose or adjust your deadlines based on your experienced judgment and best understanding of what requires your attention now and cannot wait. Don’t focus on the minimal-impact urgent at the expense of the larger-impact important.

2. Right-size delivery of legal advice. Know your internal clients. Know what is required. Respond by memo, email or verbally. Don’t be a slave to a self-imposed form of delivery or allow yourself to be told the best way to deliver the advice if you think you can effectively deliver it in a better manner. Being adaptable in both thinking and ways of delivering legal advice within our legal teams, and expecting same from our external legal partners, allows the kind of bespoke advice that is sought after by our internal clients.

3. Engage in an open, frank and meaningful exchange with your external lawyers about the specific circumstances, challenges and particularities of your organisation and industry. It will help them better understand your context and allow them to offer the kind of high-value customized advice and support that will save you time and better serve your organisation.

4. Think. Do not forget to carve out time in your daily schedule to simply think. Whether it is to deep-dive a legal issue, creatively brainstorm out-of-the-box solutions, anticipate risks or carefully and truly consider what your counter-party in a difficult negotiation really wants. Not taking the time to do your own thinking does your organisation a disservice by depriving it of your rigorous and creative legal brain.

5. Be an agent of change. Be a thought leader. Frame and embody your organisation’s mission and values. Truly become part of the fabric of the company. If you are passionate about certain things (good governance, diversity, cybersecurity, ethics and business conduct), speak up and let your voice be heard.

These practices don’t always work and are not always appropriate, but as general guidelines I have found it helpful to pick and choose from this menu to make my days more manageable, effective and enjoyable.

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