General counsel | Norske Tog
Iren Marugg
General counsel | Norske Tog
What are the most important transactions and litigations that you have been involved in during the last two years?
I started working at Norske tog (NT) in January 2018. From that point on, I have been working with the implementation of the Norwegian railway reform, both as a part of the executive team at Norske tog, and as head of the legal section. One of the most important issues we have been concentrating on during the last few years is to establish good relationships with our customers (consisting of old and new traffic operators) and the Norwegian Railway Agency. It is important to ensure our future cooperation with an effective platform for further dialogue. Managing both legal and strategic risk analysis given NTs overall strategic goals for the company and the reform. I am proud of my contribution towards making the reform effective and ensuring that it fulfills its main purpose – more railway for the tax-payers money.
NT has had no litigations up until this point. The company values transparency in our processes, and I think this keeps the level of conflict low. The startup of the first new traffic operator (Go-Ahead) and the handover from the previous traffic operator (Vy) is scheduled to take place in December 2019. All parties are doing our best to foresee upcoming issues and how this shall be addressed through regular cooperation/project meetings. We have tried to establish a ground principle that it is in all parties’ best interest that this handover succeeds. In this way we try to keep all discussions solution-oriented, instead of only discussing the problems. While welcoming new traffic operators, we are also making the best for or present traffic operator, Vy, to succeed.
With the rest of the executive team at NT, I have also been working with the recent change of management within the company. Given that most of our highly competent colleagues comes from former NSB, it has been important to find a “new state of mind” and to slowly build a NT profile and our own set of values. From a core legal perspective this has been to both internally and externally establish a common understanding of how we communicate with suppliers among others, for example, our strategic goal and priority are on increased market dialogue; focus on standardisation; and balance contracts to the benefit of both NT and our suppliers.
What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?
To be a good seller you have to know what you are selling. The same comes with in-house counselling; you have to know your product to gain credibility. As an in-house lawyer in my industry you must make an effort to understand technical solutions. This means that you have to participate in technical meetings to build knowledge, talk to the supplier market and really understand which impact you can do that affects you company the most and best possible way both in the short and the long run. I also think that there is a great value of implementing the project management approach for legal sections and keeping track on digitalisation where that is possible. Given that we negotiate complex, international contracts, cultural understanding is also a key expertise in my industry.
Do you have any effective techniques for getting the most out of external counsel, in terms of how to instruct them?
I always try to visualise my expected outcome, budget and purpose. After the delivery, I am honest about whether or not the delivery met my expectations or not. I encourage, and expect, external counsel to stay updated about my sector and the conditions impacting my business. For bigger projects we find time for an introduction meeting to establish a common understanding of scope, timeframes and deliverables. For bigger projects, I think continued and structured involvement is better than getting involved only at the later stages.
Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?
The big buzz word nowadays is “robotisation”. Easy, repetitive actions will be automated. In this process I think we will see a higher demand for standardisation. I think we will find an even larger amount and demand for subscription channels/use of digital platforms. The digital race is already ongoing at the law firms. I think that the in-house legal teams that know how to use and are willing to invest time and cost in the possibility that comes along with the new technology will see great advantages.
What can law firms do to improve their services to the legal department?
First, it would be beneficial if the law firms presented a cost frame or estimated hours on their own incentive as a standard rule. This will help clarify the scope of work and establish a common expectation of the work to be done. Second, I think many law firms still “overdo” the format of the work presented. I do not need a 10 page note mentioning background law that I already know of, if all I’m asking for is your gut feeling on a specific case.