More and more, a lawyer is asked to be a business partner. How does he/she achieve that in your view?

For an in-house lawyer, the times in which you were asked to clarify a specific legal question – sometimes without even needing or knowing the context – are over. Today, an in-house lawyer is asked to deeply understand the context, to connect the dots and to raise and answer the questions that are not asked or anticipated. An in-house lawyer must understand where the business wants to go and why and must find solutions that are viable, sustainable and business-focused. At the same time, the in-house counsel of today must think beyond the legal requirements. It is most often the legal professional who must raise the bar and find solutions which require more than the consideration of legal criteria. For example, other factors to consider are public expectations, the legitimate demands of stakeholders, the reputation, the costs (including hidden costs) of enforcing rights and more. An in-house lawyer who sees his or her profession in this broader sense will build strong relationships with the business and will be appreciated as a meaningful thought partner.

Does a lawyer need to be a crisis manager? What is the role of the legal function in a crisis?

Crises turn the business upside down, directly impacting how and who makes decisions. In times of crisis, the importance of the legal function increases and the need for a competent and agile legal department is paramount. Using Covid-19 as the most recent example, the legal function was needed to step-up and provide more expansive support for decisions than we are asked to in “normal” circumstances. As legal professionals, we are used to operating on uncertain terrain. The case or problem at hand never happened before, or at least not the same way. We are used to looking for solutions that fit within the scope of the law and that do not cross any lines. Legal advice is not a science; sound judgment is key. And in a crisis, the normal rules and routines cannot be followed, the business must operate with uncertainty. That is when the legal professionals can add distinct value in bringing their “good judgment” to the table, when we discuss the different realities and conditions and what it means to our business.