 The Role of In-House Counsel The role of In-house counsel today is not just that of a company lawyer, but one of a business partner. In-house lawyers are expected to offer legal counsel, but they should also be providing sound commercial/business advice, risk management and direction around many other complex issues. Some of these may include advice on global privacy laws; accounting and tax concerns; corporate governance and compliance and monitoring company pension and insurance schemes. They may also be tasked with undertaking company secretarial duties as well as handling a variety of commercial contracts, property matters and advising on employment issues. The key questions that generally arise when considering making such an appointment are: We hope that this article helps provide some answers. Timing Benefits Making the Right Choice In the majority of scenarios, companies tend to appoint experienced and therefore senior lawyers as their first in house counsel. This is due to the fact they will be typically dealing with all levels of the business, from junior level employees up to senior management and Board members. This generally requires a degree of gravitas and the ability to successfully gather ‘buy-in’ from colleagues who are unfamiliar with working with in house counsel. Previous management experience is often an important consideration, particularly if there is remit to build a team. Even as sole counsel, the majority of in house counsel will be expected to successfully manage relationships with external lawyers and to manage/co-ordinate projects. Whilst the first in-house counsel may have relevant sector experience, they will often be something of a ‘generalist’ in terms of their technical knowledge and skills. This is frequently because of the wide nature of work covered. Almost certainly, a first in house counsel will have previous industry experience. This would illustrate some familiarity with working practices in-house and an understanding of the importance of building successful working relationships with colleagues at all levels, particularly, senior key decision makers. Problem solver. An in-house counsel should be able to offer viable and often creative commercial solutions given challenging scenarios. Overall, the successful in-house counsel should excel in terms of supporting, protecting and promoting the best interests of your business Courtesy of Laurence Simons |
