James Rickert – GC Powerlist
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Canada 2020

Industrials and real estate

James Rickert

Managing director | Brookfield Infrastructure

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Canada 2020

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James Rickert

Managing director | Brookfield Infrastructure

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Editor’s note: This interview was conducted prior to March 2020. James now works at Hakluyt & Company.

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

In private practice, there was a lot of talk about team environment, but at the end of a meeting everyone retreats to their office to work alone on their piece of a project, and only later does the team come together again. I think a successful in-house department takes collaboration further. By encouraging active engagement and “real time” discussion, I believe more effective solutions result, and in doing so a strong team environment can develop and flourish. Rather than seeing an in-house department as a mini-firm within a company, see it as an integral part of the business and encourage active engagement with other departments. And there is no substitute for simply getting to know your people and encouraging open communication – find out what your peoples’ interests, wants and needs are and don’t try to force a culture on them.

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

 

Understand the nature of your business and learn the details. While respecting duties as counsel, view yourself as part of the business and not as merely an “adviser”. This will orient you to be more commercially minded, provide advice that is tailored to the needs of your business and “speak the language” that your colleagues will be most familiar with and find most useful. Adopting this will provide credibility in the eyes of your colleagues who will then see you as an integral part of the business.

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

It can be challenging for new in-house lawyers to reorient themselves away from being external counsel; in particular, law firm environments reward detailed analysis and knowing each and every fact and how the rules apply. While that is critical for in-house counsel too, tailoring the message to business people – being concise and solution-oriented – takes practice. Understanding the nature of your business is the first step. Showing that you care about the business and are working to understand it, not just from a legal perspective, can bring a lot of goodwill to a new in-house lawyer as he or she builds relationships. This effort also buys time as you learn to tailor your message to the appropriate audience.

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?

I read a lot! At our company, relevant industry news is circulated daily and I make it a point to read it every day. I also talk to non-legal personnel constantly about what issues they are grappling with and what projects they’re excited about, so I understand the context for advice I’m giving. Understanding the business is crucial and there is no substitute for talking to people. For my junior team, I make it a point to ensure they attend meetings, receive interesting articles or thought pieces and feel part of the information flow. I also make it a point to coach them on delivering precise and succinct advise and I look for opportunities to allow them to practice that skill, whether that’s sitting on a panel or participating in seminars or discussion groups.

FOCUS ON: COMMODITISATION

Have legal services been commoditised? And more importantly, what does that mean for the in-house legal sector? I think it means at least two things, with both presenting tremendous opportunity.

There is still room for the lawyer’s role as trusted business advisor in a commoditised legal world. However, commoditisation makes those who fulfil that role all the more valuable. In my practice, I can count on one hand the lawyers that fill that role and their advice to me goes far beyond the law, also touching on mentorship, management of personnel issues and life in general. However, legal services reach far beyond this function and to separate them out into discrete areas can lead to efficiency and more effective performance. Your trusted advisor need not spend his or her time on routine contractual or other matters. From an in-house perspective, some of the newer models we see that address more “administrative” yet still important items continue to gain traction. In particular, an “in-sourced” legal resource delivered by a law firm or other provider to address particular needs, whether that be for specific periods as a “fire extinguisher” or someone who joins on a permanent or semi-permanent basis to manage day-to-day needs can be very valuable. Particularly in the private equity world, this can lead to utilising scarce resources more effectively. Understanding the true nature of the work and putting it in the hands of who can do it most efficiently is key to an effective in-house practice – and in that regard, commoditisation is a very good thing.

The other aspect to commoditisation is people. I believe that, rather than viewing it cynically as de-valuing legal work, it can be seen as something far more positive, giving lawyers a chance to re-invent themselves in a way that works for their lifestyle versus having to leave the profession altogether. Take any number of friends or peers you may know that, for reasons ranging from family to health to personal interest, do not wish to work the traditional hours of a busy lawyer in private practice or in-house. Understanding how these people might fit into a more compartmentalised and commoditised system might not only result in better, more efficient ways of handling the work but also might give someone a challenging, fulfilling role on a full or part-time basis or otherwise in a manner that best fits their lifestyle. In an era where lifestyle and culture of companies is as critical an issue as ever and captures significant attention in boardrooms and the media, finding roles that challenge your people while keeping them happy is paramount for any leader in any organisation. Commoditisation and delivering legal services in evolving manners can facilitate this positive development.

So rather than resist or ignore the trend toward commoditisation, I challenge all lawyers to embrace it and understand how viewing your practice just a bit differently might lead to great efficiency, better performance, and hopefully, a happier and more engaged workforce.

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