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

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

The best way for in-house legal leaders to introduce and implement a culture within their department, in my view, is through vision, communication and leading by example.

The first step is to envision the culture that you want for your department. What are the key principles by which your team should operate? Some examples include high integrity, superb client service, teamwork and work-life balance. I find that it’s helpful to write these down and to have that list easily accessible.

Next, it’s important to communicate your vision for your department’s culture to your team. If you’re starting in a new role, I recommend outlining your key cultural principles at your very first team meeting. Talk about what each principle means and give examples of what those principles look like in action. If you’re already in a role, then no better time to do this than at your very next meeting!

The next aspect of communicating a culture is to take advantage opportunities that arise to talk about your cultural principles. For example, if one of your team members provides truly exceptional client service on a matter, take the opportunity to congratulate them about it at a team meeting. If someone is not living up to your cultural principles, raise it with them in a one-on-one meeting or performance review. Regularly reinforcing your cultural vision through communication is essential.

Finally, in order to successfully implement a culture you must lead by example. You must be the culture that you want to see in your department. Vision and communication are essential to implementing a culture, but the most powerful driver is if your team witnesses you living your cultural principles through your daily actions. A leader that fully embodies the principles that he or she extols will find that their team is much more likely to follow them.

Managing your team’s culture is an essential aspect of being an in-house legal leader. While many general counsel are busy people, it is worth it to find the time to focus on building that culture within your department.

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

One piece of advice that I would give to aspiring in-house lawyers and general counsel is that once given to me early in my career by a mentor: “Good lawyers advise on the law and outline the options; great lawyers also provide recommendations and take positions.” This is particularly true for in-house counsel as it can be an opportunity to add tremendous value as a partner to the business.

This is often easier said than done. Such skills are typically vital in a scenario where there is a legal issue with a substantial grey area that requires a “business decision”. In such cases, it can be tempting to simply articulate the law, the options and the relative legal risks and defer to the business decision-maker to consider the business implications and make the tough call. But exceptional in-house counsel accompany their legal analysis with a recommendation as to what they think should be the business decision.

This engages the in-house counsel in the business discussion, which is vital to demonstrating business acumen and maintaining (or obtaining) the proverbial “seat at the table” as a partner to the business. Additionally, even if they don’t ultimately agree with your business recommendation your business colleagues will value the perspective, which may trigger ideas or discussion that would not otherwise have arisen.

The key is to ensure that the decision-maker is fully informed about the legal risks but to also add a business perspective. Incorporating this approach into your regular interactions will make you a valuable advisor and partner to the business. Making a full business recommendation often takes some extra effort beyond the legal analysis. You make have to gather some information and conduct some additional analysis. But, in my view, it is a key to in-house counsel’s success.

Similarly, in-house counsel are often confronted with situations where the law may be unclear or ambiguous. In such cases, it is incumbent on in-house counsel (with the aid of outside counsel, as necessary) to formulate a reasonable position on the interpretation of the law upon which the business can proceed. Just as with providing recommendations, the business should be fully informed about the potential risks in taking any such position. But in-house counsel when faced with presenting an ambiguity to the business should also present a proposed position on that ambiguity.

My advice to lawyers that are aspiring to be in-house counsel or general counsel, is to incorporate into their regular interactions with their business colleagues the practice of making recommendations and taking positions. You will be recognised as a valuable business partner, which will contribute substantially to your success as an in-house counsel.

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

There are many factors that contribute to in-house counsel building strong relationships with their business partners. But, in my view, there is one key action that all in-house counsel can practice on a daily basis that is essential: Active listening.

Active listening is an art that goes beyond passively listening and understanding what the other person is saying. It involves fully engaging the other person and learning more from them than what they initially intended to tell you. It employs certain techniques that include asking open-ended questions, paraphrasing your understanding of what is being communicated and demonstrating concern.

When in-house counsel utilise active listening skills it inherently has the effect of building trust and rapport with your business colleagues. The more they feel that you understand their business and the particular issues that they face, the greater the connection and deeper the bond. Through active listening both parties gain a better understanding of the problem and feel part of the solution. And as counsel, it can uncover valuable information that can help you provide advice that is on point.

I encourage all in-house counsel to practice the art of active listening in their daily interactions. There are many resources available to help you develop this skill.