In today’s pressure cooker environment, companies, together with their Boards, are potentially exposed to an array of business and legal risks, including financial and reputational losses if these issues develop. This has resulted in a more explicit consideration of what constitutes risk, be it legal or business, where those types may diverge, how it should be managed and by who.

As the legal function transforms, there is an expectation that in-house legal teams must do more to identify, manage and mitigate risks, especially in sectors where there is an increased regulatory interest, particularly looking at how legal fits into the wider organizational risk framework.

The world of the in-house General Counsel and the teams they oversee is changing, in part due to changing expectations as well as technological transformation. Those rising to the challenge of transformation need to develop their strategy and determine how to deliver it. We call this the operating model: the operational structure that allows an organization to achieve its objectives.

What is added-value legal advice?
Legal counsel add value to their organization in a number of ways – providing a responsive service; delivering technical know-how in a way that has a transformative impact on the business; providing commercially astute advice; and contributing to developing the strategic direction of the business within the relative legal frameworks.

In-house legal counsel expertise versus commercial understanding
Legal counsel who demonstrates the ability to be business ‘enablers’ and make commercially savvy decisions arguably find it easier to connect with the business teams and will be more successful in their careers. Management increasingly look to legal teams to help make strategic decisions based on both commercial and legal analysis. The ability to provide this combined advice is where legal counsel can really add value to a business.

Demonstrating value
GCs need to be influential in the boardroom and their value needs to be recognised by the chairman, independent directors, the CFO and the CEO. GCs can add specific value by encouraging a greater understanding of non-financial risk. They should be able to provide context to every legal decision made through their knowledge of the staff and company objectives, what drives the company, and understanding the pressure points.

In an ever-evolving business landscape, the right legal strategy trumps all. Without a defined strategy, a governance framework cannot be set in place to support your strategic objectives and to determine roles and responsibilities.

Is your model fit for the future?

Topics explored during this session at the CCASA Legal Forum 2023 included:

• How can in-house counsel ensure their role is valued by the business?
• Employing and retaining a first-class legal team.
• Rebalancing the legal team by rewarding your staff through solid KPI’s.
• Managing burnout and a toxic workplace environment.
• The Rubik Cube – what makes a winning team? Interview with the winning in-house teams from this year’s African Legal Awards on how they have optimised their in-house legal operating model.
• Can legal operations assistants assist and how?
• Forging sustainable partnerships with law firms, and getting the mix right – what can they bring to the party?

South African General Counsel for Diversity and Inclusion

The South African General Counsel for Diversity & Inclusion Initiative was launched in late 2019 to foster greater diversity, equity and inclusion in the country’s legal fraternity. We encourage corporate GCs, law firms, groups of advocates, associations, legal recruiters, universities, and anyone else working in the legal sector to join us to share and receive the support and shared knowledge and experience you need, individually and as a collective, to effectively advocate for diversity, equity, and inclusion in South Africa’s legal fraternity. For more information, please contact Mark Robertson at markr@genesis-analytics.com.

Some interesting articles on the topics:

Bio’s of Panellists

How the Work of Diversity Professionals Benefits All Employees

What Employers Need to Know Today About Diversity, Equity & Inclusion Initiatives

Positively Legal: Pivoting Into Legal Operations

New association promotes in-house legal opportunities

‘You’re Going to Hit a Wall’: Why Legal Wizards Aren’t Wise About Managing Stress

Your legal career – Pay review and bonus time

Legal task management and how it benefits legal ops