Focus on the challenges facing companies of the size and complexity of Teck Resources

Teck Resources Chile Limitada, has, of course, a legal dimension. However, the legal dimension is not necessarily the most important aspect when deciding a matter, as that must be combined with multiple other layers of complexity, which are provided by other professionals with whom the in-house counsel interacts regularly. Thus, on top of the legal dimension, you need to add the social, reputational, labour, and environmental aspects, among others, which makes the decision process more complex, forcing the in-house counsel to understand other views to the problem. Not only is it necessary to determine whether the problem is legal, but we need to add to the equation factors such as: What will stakeholders, workers and suppliers think if we take that decision? Is this a solution that really solves the problem and is it sustainable in the long term? Will this affect the reputation of the company?

In this context, in-house counsel working in complex environments face problems that are often outside of their comfort zone, having to deal regularly with problems that are eminently technical, such as emission standards, environmental issues, industrial processes, geological issues, conflicts with communities, and safety, among others. In these areas, which are outside of core expertise, the in-house counsel needs to decode the expert’s technical language, interpret it, and transform it into a legal solution that responds to a strategic objective, and is sustainable in the long term. However, as there is no “single” solution that meets all concerns, the in-house counsel needs to analyse which is the best sub-optimal, which involves an analysis of the different available options, determining costs and benefits of each one.

In my opinion, the in-house counsel should be interested in deepening his knowledge in accounting, finance, tax, business planning, organisational and technical matters. Such knowledge will enrich the analysis, allow the proposals to be improved and generate stronger results. By having multiple competencies, the in-house counsel will be able to better diagnose the problem and consequently contribute to a more robust legal solution.

Among the skillset I deem crucial for the in-house counsel is the creativity to pursue innovative solutions, a skill not typically taught at our universities. When we talk about creativity in law, people usually look at you with surprise; we think creativity is monopolised by other professions. I believe this is a mistake, especially when decisions become increasingly complex. The in-house counsel must be able to listen actively, raise warnings, influence and lead the corporation towards what he believes is the most desirable solution, while being creative in the search of innovative solutions.