What are some of your main tips for dealing with a crisis?

It is important for staff including in-house counsel to remain calm and follow the steps in accordance with the established crisis management plan. If the staff and in-house counsel panic, they will not be able to follow the plan. The crisis management plan will clearly define the leadership team, how to assess the risk, the impact on the business, the response plan, and the implementation of the plan. Once the crisis has been resolved, it is important to review the crisis plan accordingly.

There will be instances where in-house counsel will need to provide an opinion regarding the crisis and the proposed action plan, especially if the action plan may be seen as potentially violating the company’s obligations / agreements under the law or any contract. In such circumstances, internal counsel will need to provide a practical and pragmatic approach, while within the legal framework, in dealing with the crisis. This is not an easy task, and it requires experience, maturity and knowledge to provide such an approach.

How do you see the general counsel role evolving in Malaysia over the next five-ten years?

A good general counsel is one who support the needs of the business. In the next five to ten years, the role of the general counsel will grow as they will be expected to be more involved in making business decisions, as awareness of environmental, social and governance (“ESG”) has and will increase among organisations. The leadership of the organisation requires the input and feedback of the general counsel especially to ensure that the organisation complies with ESG elements as imposed by laws, regulations and contracts.

To achieve this goal and to keep the general counsel relevant for the next five to ten years, the general counsel is expected to understand the business of the organisation inside out. They should not limit their functions only to dealing with legal issues, without addressing their impact on the business. If the general counsel refuses to consider the business element, they will simply be seen as merely an advisor, and the organisation may choose to replace them with artificial intelligence or another in-house counsel. As such, a general counsel must be able to integrate their role with the business of the organisation and at the same time, learn new technologies to ensure that their role remains relevant for the next five to ten years.