Instability often brings opportunities and the possibility of managing crises in unconventional ways. The likelihood of discovering new approaches to address a given situation is primarily dictated by the nature of the risk at stake and the consequences of its non-mitigation. When this risk pertains to legal aspects, the criticality of the interests involved becomes significant, as it may lead to irreversible reputational damage. While the interpretation of risk varies across different organisational functions and their respective cultures, it is worth noting that operating in the Middle East introduces a level of instability to risk in absolute terms.

Recently, we have witnessed considerable turmoil, uncertainties, and tensions, along with notable macroeconomic and financial risks related to foreign exchange shortages in many countries, all of which have greatly influenced the legal strategy to be adopted within the organisation. In these circumstances, the approach taken by the legal team should protect the resilience of business solutions and not hinder growth. The strategy for managing legal risks in this context should effectively promote an understanding of the priorities at stake without compromising adequate risk mitigation. This can only be achieved by gaining a clearer understanding of the specific nature of the risk, the drivers of the actors involved, the encountered practices, and the interests of stakeholders within the organisation.

What the in-house legal counsel primarily wishes to avoid, particularly during any risk assessment, is onerous liability. To achieve this, transparent communication and consistent exchanges regarding the actual risk specifications pave the way for transforming what may be perceived as a purely legal risk into a social construct and a collective solution. The key lies in ensuring that in-house legal teams and their internal customers communicate clearly while acting interchangeably as business partners and legal guardians of the organisation’s interests.

These considerations also highlight the necessity of sharing the compliance mission and vision with external business partners as well as internal stakeholders. This is especially crucial in the healthcare domain. By promoting the organisation’s values and drivers, our clients can become our first line of defence, demonstrating greater support for a robust, fair, and transparent corporate culture. Raising awareness among clients is vital in a region where the primary legal challenge for businesses remains the ability to operate while balancing international regulatory requirements with the local legal landscape for organisations functioning across a broad geographical scale. Despite numerous efforts aimed at modernising laws throughout the Middle East, achieving this balance should not be undermined by the increasing complexity of international regulations.

Experience has shown that the decision-making process for in-house legal counsel involves considerations requiring specific risk assessment tools, which should be tailored to the legal department’s needs and the mission of this team as a crucial support function within the organisation. Failing to undergo this granular and value-added review of legal work may lead to an overstretched in-house legal counsel and considerable work pressure, adversely affecting the attention and dedication needed for genuinely risky matters, which may be left without the proper time and resources for identification and management.