Country head of legal | Amgen
Canan Arslan Girsault
Country head of legal | Amgen
An in-house lawyer who adds real value to the business is one who is not only a legal advisor but a true business partner, who understands the business and its goals and is proactive in identifying potential risks. An effective lawyer should always be at the same table with the business to understand the nature of the organisation, dynamics, challenges, priorities, strategies, risks, costs and all other matters that have a direct impact on the business. The function of the law department I established after my recruitment in 2013 goes beyond providing opinions on or approving projects and contracts. I wanted a department involved in projects and that understands the core elements of the business, collaborating with the relevant units from the start and ensuring that projects are developed and progressed in-line with legal requirements.
If a lawyer focuses only on the legal issues, they will not have the same viewpoint as business colleagues. With business-savvy and the ability to view situations from multiple perspectives, in-house lawyers should proactively consider current and potential future legal risks and issues. They should also come up with creative solutions on how these may be avoided or mitigated before they turn into real problems and unfavourably affect the business. I believe these are the key elements to help an in-house lawyer build strong relationships with the business.
The pharmaceutical sector in Turkey has gone through a major transformation since 2004 and has gained more significance recently, with the Turkish government aiming to make Turkey one of the world’s top 10 economies in health services by 2023. Improving Turkey’s R&D competency and increasing production capacity and exports are among the targets of this plan. Establishment of an effective legal framework becomes necessary to achieve these targets as well as to continue to improve patient access to pharmaceutical drugs.
Within this framework, the legislators and administrative authorities are busy making and changing laws, regulations and decrees affecting the pharmaceutical industry which already is a highly regulated sector. The key for an in-house lawyer is not only to ensure stay current with the existing regulations but also to try to be among, or support, those who have an influence in the law-making process as industry representors.
Effective management of relationships with external counsel requires a gentle balance between cooperation and oversight. To start a healthy relationship, the in-house lawyer should clearly set and communicate expectations as well as working principles, such as return time, billing rules, fee quote requests, approval processes, communication style with both the in-house lawyer and the business side.
Timely feedback is also very important in relation to the performance of a specific lawyer or the quality of work. The precision around the project plan is crucial and allows the in-house lawyer to monitor progress. This way, there is no room for excuses for either side in case of a delay. Communication of course has to be always mild and one should remember that they are legal colleagues who are there to help you and make your life easier, therefore, for a long-term and sustainable relationship, it is important to make the external counsel feel that they are part of your team.
Studying law at Galatasaray University Law Faculty, the majority of professors took part in law-making processes to adopt modern Turkish laws modelled on certain European codes. We learned the written codes but also got into deep discussions on legal topics, not only surrounding Turkish laws and jurisprudence, but also those of the states of continental Europe and those of common law countries. The purpose was to have a global understanding of legal concepts and their application in a comparative way throughout different jurisdictions. Our professors used to say that a good law education does not make but helps you become a good lawyer. I never understood what that meant at the time. Now, I do, after having witnessed how the practice of law is being transformed and took on new value and meaning throughout my career as a lawyer with 15 years PQE, six years in top-tier law firms in Turkey and the US, and nine years as general counsel for leading international corporations.
It is true that it all starts with education. Yet, technical knowledge and expertise is no longer enough in this global world. The expectation of a modern in-house lawyer is to understand the business and help move it forward, be proactive, be selective on the risks and focus on those that matter, be a business partner and integrated. The new way of practice of law is the one which incorporates business acumen.
Effective intercultural communication skills are also important for a lawyer who deals with clients from diverse backgrounds. In deals involving many cultures and nationalities, and unfamiliar languages, one should take on the role of a communication bridge and cultural interpreter not only to understand the client but also to ensure that the other party understands what the client is saying to reach a common understanding.
In today’s business world which adopts a more flexible and collaborative model of working, the ability to drive desired behaviour through constructive influence is perhaps one of the most important factors that makes lawyers trusted “business partners”. Rigid lawyering approach is becoming less effective in driving outcomes. To exercise constructive influence, it is important to create an emotional connection with clients and build authentic, trusting relationships.
Finally, as a lawyer, you need strategic thinking skills to deliver results when working on cross-functional teams, drafting and negotiating agreements and handling complex legal issues and disputes. Strategic thinking requires the ability to view situations from multiple perspectives. An effective lawyer anticipates trends, events and risks and is creative in identifying proactive solutions to eliminate or mitigate risks and advance the business. The key is asking critical questions to all the right players in any given situation in order to gather information that you need to think strategically. Identifying and preserving opportunities are also key strategic traits to gain competitive advantage.
