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

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

The role of the in-house department lawyer has changed. Initially the role was focused on managing all legal matters and litigation. The in-house counsel was very much transactionally-focused. In contrast, in-house counsel today are seen as strategic business partners and gatekeepers of all legal matters, and defenders of the corporate brand and shareholder value. Because of this, it is expected that in-house counsel dictate and preserve corporate culture.

One way in-house counsel can support and implement a successful culture that is aligned with the company’s corporate culture is by having the head of legal and all members of the legal department lead by example. They must become champions of the corporate culture and cultural values. Just as one of the key indicators of corporate change and corporate success is getting and maintaining buy-in from the CEO, this is also true of the in-house department.

Second, in-house departments need not only live up to the culture being advanced, but must also make clear in writing and in all relevant opportunities that it sees itself as an advocate and defender of this culture. Finally, closely related to the second point is that the in-house department must advance and defend this culture, consistently, both internally and externally.

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

They must always remain curious and willing to learn. The profession and the role of the lawyer within it is constantly changing. Unlike external counsel, it is rare to find an in-house counsel that merely focuses on a specific area of the law, to the exclusion of others. Rather, in-house counsel are expected to deal with a large myriad of issues [and] must always remain interested and willing to learn, and develop expertise in these broad areas. Whether this is done by taking continuing legal education courses offered by associations or law schools, attending programmes and sessions hosted by law firms, networking with fellow in-house counsel, or by staying current with changes to the law through newsletters and secondary sources, one cannot stop learning and developing.

How can in-house lawyers build strong relationships with business partners?

The relationship between in-house counsel and business partners is critical for the success of the organisation. This relationship is the true value-added element that justifies hiring in-house counsel, rather than engaging with external counsel. In-house counsel must become a strategic business partner at the executive table. But how does one get to this point? Here are a few points I feel are critical for building and strengthening this relationship:

In-house counsel must be able to speak the lingo and understand the business. This means becoming familiar with the challenges and the business terms specific with a business, but also becoming knowledgeable of the tools of business.

An in-house counsel, when approached for advice, should restrict as much as possible to the use of the word “no”. Equally damaging is the provision of a lengthy memo or legal opinion. In-house counsel must work with the business team to develop alternative strategies that still meets business needs but reduces legal or regulatory risk.

The best compliment I have ever received is that ‘I don’t act or think like a lawyer’. This was meant as a compliment and not a smear of lawyers. Business partners are not looking for legal answers, but rather legal solutions! An in-house counsel must always keep this in mind when interacting with the business teams.

Make sure such communications happen in a matter that is preferred by the business team, often, clearly and, when possible, in person.

FOCUS ON: CHANGE

In-house practice and law in general is at the cusp of a fundamental change in how we practice law and how we define the role of a lawyer. The profession once required labour and time extensive legal research and due diligence in order to prepare for discoveries and for bringing on or defending cases. Legal technology is quickly reducing these time requirements. In doing so, legal technology will have a profound effect on the role of the in-house counsel, the relationship with external counsel and the skill sets that the lawyer requires in order to be successful in the 21st century.

Lawyers have not been strangers to technological advancement with regard to our communication tools, such as cell phones, laptops and other technological improvements. These help keep one connected and increased productivity marginally. However, emerging AI/ “legal tech” will be able to do so much more. These tools will be assisting legal counsel in finding obscure case law, identifying trends, assessing risk, minimising labour intensive tasks, and even in performing immediate translation of documents and contracts. By making these resources available to in-house counsel, there will be much less reliance on external counsel. This will help accelerate the trend of moving more work in-house.

Emerging legal technology will also change the skill sets that will be required by in-house counsel. While traditionally a successful lawyer was judged according to their legal knowledge and legal skills, many of these skills will be usurped or diminished by legal technology. There will now be a requirement for a new set of skills and abilities that will set apart an average lawyers from a great lawyer. These were first and best described in the “T-shaped” lawyer concept by Amani Smathers. In her work, Smathers argued that other components such as technological, project management, design thinking and other competencies will become increasingly important. Two out of these five new core competencies are directly related to legal technology: Data analysis and technology.

With more information readily available through legal technology and its effects on legal research, a lawyer must have the ability to understand and be able to manipulate numbers, look for trends and to be able interpret results, with much larger and ever expanding sources of data. AI and legal technology will help standardise routine transactions and provide lawyers with extensive and immediate access to information, but they must be comfortable and able to incorporate this into how legal services and legal support are provided.

As legal research becomes less time consuming and complex, legal technology will allow the in-house counsel to focus on more value-added functions, such as being able to work with business partners in supporting the business and in becoming a strategic business partner. Not surprisingly, the ability to understand and utilise business tools is another of the new competencies in the “T-shaped” lawyer.