In the UK, the General Counsel (GC) community in the UK more often has to prove its worth compared to the US, where the Chief Legal Officer is frequently a board position. There is also a relatively recent and concerning trend of companies ‘downgrading’ the role of the GC – which often happens when someone leaves the role in an organisation and their replacement no longer reports to the CEO. In this challenging climate, and with the GC role not always given the prominence it deserves within organisations, what can you do as a GC to ensure you have a proper seat at the table?

Perception is everything

It’s common for companies to think of the GC and their department as ‘legal’ – yet the GC’s main function is as a critical business adviser. There is simply no business without good quality legal advice. One GC in a global organisation who is acutely aware of this told us recently that in one of their large operational offices, anyone that uses the word ‘legal’ in relation to their function has to put money in a jar for charity! It’s important that the GC role is seen as being beyond legal confines and fosters a culture of recognising the broader business impact of legal advice.

Embrace a different mindset

If a CEO or board member is doing something that could negatively impact the business, the way you communicate this is important. One GC told us that her CEO liked to use WhatsApp when written business records are vital. But rather than reminding them that this was not compliant, she managed it by pointing out the five major risks for the business – and that the legal team should be focusing on them, not additional ones the CEO was creating. This demonstrated her value as a critical business adviser to the CEO without resorting to the detail valued by lawyers.

When communicating with board members, talk to them on their level. Find out what keeps them awake at night and what you can do to help mitigate that business risk – and don’t talk about the legalities they need to comply with. You can then position the solution in terms of a project – with a cost attached and set deliverables and timings agreed. CFOs in particular tend to be ‘black and white’ and do not operate well in shades of grey. For example, if a board member is concerned about regulatory compliance, frame your advice in terms of potential financial impact and operational efficiency rather than legal obligations.

Focus on strategic oversight

It is the role of a GC to be a critical business adviser, not a lawyer. If your CEO asks for an update on a specific matter such as a litigation case, send the expert member of your team. This keeps your role out of the ‘legal box’ – and simultaneously demonstrates your delegation and team-leading skills and that you are not there to simply convey information, but to advise. This approach not only empowers your team but also positions you as a strategic leader who trusts and relies on the expertise of your well-structured team.
Inevitably, many GCs would feel that it is their role to provide this kind of transactional update as they are ultimately responsible for how the case is going – and it is also an opportunity for ‘face time’ with the CEO. However, the GC’s role is to be at the executive table and watch the CEO’s back, and the business’s back. This requires the confidence to be open with the CEO when you haven’t read something – which goes against every lawyerly instinct!

One GC gave us the example of discussing a loan agreement with her CEO and her stating that she hadn’t read it, since she was a strategic adviser – did he expect the COO to know what was in paragraph four? In this situation, the CEO did not care about paragraph four. He was actually trying to resolve a difficult relationship with a lender. The solution was to get a team member to talk them both through the document in order to have all the information to tackle the problem and come up with a solution.

Take the initiative – and communicate in their language

From their training, lawyers tend to have a ‘service’ attitude. They are used to listening to the client’s problem and providing a legal solution. As a GC, it is important for you to push yourself into spaces to demonstrate the value you can add by actively showing how you can help them avoid risk and drive business – and that you are not just there to advise on law. For instance, if you notice a potential risk in a new business venture, proactively present a risk mitigation plan that aligns with the company’s strategic goals.

When working with engineers, finance people, and project managers, it is important not to send them any document that looks like a law firm memo. They communicate via Gantt charts, schedules, project timelines, and Excel spreadsheets. You need to show your problem-solving and project management skills without being asked. If you are advising on a new project, present your legal advice within a project timeline that highlights key milestones and potential risks.

When working with the CFO—and indeed, especially if the GC reports to the CFO rather than the CEO—make an effort to present as a joint team that fulfils a critical problem-solving capability for the business. Lawyers are talented at assimilating lots of information and coming up with a solution. By collaborating closely with the CFO, you can ensure that legal and financial strategies are aligned, enhancing the overall decision-making process.

Clear, strategic communication is what keeps GCs at the decision-making table. By stepping beyond legal advice, speaking the language of business, and tackling challenges head-on, GCs can prove their value and stay indispensable.

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This article was written by Karen Glass, In-house, Head of UK and Co-head of International and originally published by Crafty Counsel.