The role of in-house counsel in corporate firms extends beyond addressing legal risks; it also involves serving as business advisors and counselors. This is crucial in navigating various risks, including reputational risk, while striving to achieve business objectives. The added value of in-house counsel is tied to their familiarity with the core values, culture, and goals of the company. As the world evolves and controversies increase, determining the ‘right’ viewpoint becomes more nuanced. This raises the question of how in-house counsel can provide the best advice for their organization while upholding their own personal values and opinions. (See the entire article)
Firstly, understanding the reason or problem at hand is crucial when approached for legal advice. This ensures that the legal counsel does not delve into issues that were not asked of them, preserving credibility and effectiveness. It’s also essential to be cognizant of any personal biases when delivering opinions that surpass mere legal risks. Legal practitioners are obliged to prioritize the company’s best interests, even if they would personally choose a different strategy.
The advice given should be carefully weighed against the company’s core values, culture, and goals. Controversial issues demand a balanced viewpoint that is tested against both pro and contra arguments. Adam Grant’s book “Think Again” provides more on this topic. Benchmarking against other companies in the same industry and of similar size can also prove beneficial.
A tiered approach may be employed while sharing opinions, including clearly communicating legal risks, spelling out practical implications, and giving careful recommendations. If the issue at hand carries controversy, it’s helpful to consider how it might be received by different constituencies. The ultimate aim is to facilitate a robust discussion that leads to the ‘right’ decision for the company.
Lastly, if the company’s values distinctly contradict the personal core values of the counsel, it may call for re-evaluation of the individual’s position within the firm. Outside of work, despite the freedom to share personal opinions, it is essential to exercise caution about how these opinions may be linked back to their employer.
The challenge experienced by in-house counsel in corporations is finding the balance between their own personal convictions and the company’s interests. Ensuring these two factors align is essential for the effective function of their role and plays a major role in determining how to voice opinions in this setting.