Team size: 50  

Major legal advisers: Perkins Coie LLP  

Focus on: three questions for general counsels “wearing two hats”  

Do you know your state senator’s name? (hint: they serve in the state legislature, not the U.S. Congress.) Such questions are becoming more prevalent as in-house lawyers increasingly manage commercial and non-legal functions. According to the 2022 chief legal officers survey by the Association of Corporate Counsel (ACC), chief legal officers have direct oversight over more business functions than they had in 2020. This increasing scope of responsibility requires in-house lawyers to gain the confidence of internal and external stakeholders, whose questions often extend beyond purely legal issues. Navigating the confidentiality and privilege issues created by merging legal and operational duties are table stakes for in-house counsel. However, general counsels “wearing two hats” should also consider three key questions to ensure they are not out of touch.  

First, do you know the names of your local, state, and federal elected officials?  

It is becoming commonplace for businesses to entrust the general counsel with overseeing public policy issues. Twenty-nine percent of the ACC survey respondents reported that the government affairs function reported to the general counsel. Due to the relationship-based nature of government affairs work, encounters with elected officials and their staff are oftentimes necessary to advance a company’s regulatory agenda. A general counsel’s inability to identify and prioritise the public officials tasked with representing the company’s headquarters or geographic footprint could signal naiveté. Just as a dedicated parent should know the name of their child’s teacher, a general counsel should know the elected officials who can influence their business activities.  

Secondly, have you personally experienced your company’s products or services?  

Years ago, a partner at a large law firm, in charge of a mobile phone manufacturing client, forbade firm attorneys from visiting the client site with a competitor’s phone. This rule certainly conveyed the firm’s allegiance to the client. But there is another lesson that can be gained from the partner’s mandate. Experiencing the products for which a general counsel is responsible for either protecting or bringing to market, can influence their approach to leading legal and operational teams. Simply purchasing a product or service provides valuable data points regarding product placement, quality, retail experience, and supply chain issues.  

Thirdly, do you have a rapport with employees across the organisation?  

People with the talent, influence, and expertise to get the best results are not always adorned with a fancy title or prominent placement on a company’s organisational chart. As a result, in-house leaders should avoid the temptation to work only vertically or horizontally. Oftentimes, the key information necessary to execute a corporate strategy resides with people who are positioned diagonally within an organisation. Developing a true partnership with the finance director can allow a general counsel to better understand or address an unflattering audit finding. A strong relationship with a human resources manager — instead of relying solely on internal labor and employment counsel — will allow in-house counsel to anticipate  personnel issues that can be avoided in advance of litigation. Likewise, employees who are not in a general counsel’s direct reporting line may provide candid feedback regarding their use of confusing corporate jargon or legalese. Ultimately, general counsels need people who provide different perspectives to help them solve complex issues. By developing and valuing relationships across the organisation, general counsels with dual roles are better equipped to lead cross-functional teams.  

If the answer is “no” to any of the above questions, it might be time to pull out a legislative map, become a customer, or invite a new hire out for coffee. It will be well worth your time and money because there is more to being a great general counsel than mastering legal issues.