Saturday, June 19, 2010

Sophisticated Consumers of Legal Services

What if you had to consult a physicist before you performed any household chores to ensure that your efforts would comply with the laws of nature? You would certainly respect the advice; you might even have a general understanding of the laws of gravity and the theories of dark matter, but you may also be left with a vague skepticism and mounting frustration about whether such esoterica should be allowed to interfere with your intended plans.

So too it often is with in-house lawyers and their colleagues.

As such, one of the most critical aspects of a successful in-house practice is making sure that you turn your colleagues into sophisticated consumers of legal services. While lawyers take for granted the incredible value that they add to any transaction, most people view lawyers with a mix of skepticism, deference and confusion. They see attorneys as alchemists and are dubious that lawyers have found the philosopher’s stone to turn their business stratagems into gold.

Even experienced senior managers often have a narrow view of the value their legal department brings. Sales VP’s sometimes see lawyers as mere wordsmiths, Finance VP’s often see a compliance function, even lawyers themselves detract from their value by demurring on “business” issues.

To be most successful, it is imperative to teach colleagues that the legal department, and each lawyer in it, brings to the table a wide spectrum of experience and savvy advice that can add value to the business, manage corporate risk more thoughtfully and help the business processes of the company run more smoothly. Don’t forget that most non-lawyers have only a vague notion of what an attorney does and many of those notions may be colored by legal shows they have seen on television. An educated client is a powerful ally- so take the time to make your coworkers more sophisticated about the value lawyers offer and reap the benefits with richer, more collaborative relationships with colleagues.

1 comment:

  1. Too true. I have found it helps to mention, in the beginning of a discussion with sales or other business executives, to phrase your advice with words to the effect of "an expedient way to conclude not only your desired transaction but also protecting the best interests of the company at the same time is by ________." This way you set the tone up front to let them know, that you know:
    1. they don't want this to take forever
    2. there is a way to complete the sale/transaction but also follow best legal practices
    3. the company's assets are important to protect.

    Thanks for posting your insights!

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