Legal Leaders webinar: unanswered questions unveiled

Following on from our sensational webinar last month, wherein Will Morris, GC at Rolls-Royce and Alex Kucynski, former GC at FCR discussed effectiveness as an in-house lawyer, we were inundated with questions from our audience – thank you! 

Not all were answered during the session as we ran out of time but Will and Alex have joined forces to answer a few that we didn't have time to get to.

How do you balance the role of being a business partner and a guardian of corporate integrity? Sometimes the risk appetite of a company may be higher than your personal and professional views.

WM You will need to continue to balance the role of partner with guardian. It will be rare but at points there will be an ethical line that you can’t let the business cross and you must be able to say no, and speak up in the organisation. When that happens also speak to others, but be prepared to give your view and always be prepared to say why. 

WM If the company has a higher tolerance for risk in some areas than you, then in certain circumstances, provided it does not involve unethical behaviour or illegality, that is ok. Your role is often to make sure the decision-makers take decisions with eyes open and you advise clearly on the risks and consequences.

AK And to add that the business should understand that role – both to speak up but also not to assume ownership of the business decision. 

Some senior lawyers find preparing on a Sunday helps them feel prepared for the week ahead, how can lawyers adopt this mindset but avoid working on the weekend? Or is this just the reality of being a senior lawyer and we should find other ways to balance work with our busy lives? 

WM Great reflection and question. Ideally you should be using weekends for downtime and a chance to breath – it will make you better able to make the right judgements in the week when you are more refreshed. 

However, you also need to work in a way that best suits you and in a way that enables you to be at your best. I’ve found over the years a bit of extra time, when I’m relaxed on a Sunday, to think about the week ahead and plan a bit helps me get more balance in the week. This isn’t for everyone though. Making sure you get time away from work is critical for well being and resilience. 

AK Everyone needs to work out what suits them.  Of course, having a break is important.  I have alternated between trying to close down on Friday even if late and not starting before Monday, or using some weekend time – but having the opportunity to plan and think is helpful – particularly in the “always on” environment of email/Teams/messaging etc.

What recommendations do you have for positioning oneself or demonstrating your visibility for potential promotion within the legal team or organisation as a whole?

WM Three tips –

1. don’t be afraid to put your hand up and volunteer for projects or new tasks

2. say what you want from your employer in terms of support, development, or experience (you can assume people know what you want, and they don’t)

3. Keep improving – be so good they can’t ignore you! 

AK To add – having a network in the team but across the business is helpful (even if through non legal activity); sharing knowledge or leading training in the team or the business.

How can you be all the time updated with the fast-changing regulatory landscape? Any particular tip?

WM Put time in your diary to read legal know-how updates and briefings. There is now a lot of free material available – if you go to the right source. Ask the law firms you work with – they will often help without charge.  

AK Difficult but agree that adopting a routine – even if a set time only allows you to identify areas for further research; collaborate with the team to share and teach each other; prioritise and select sources e.g. manage the “alerts” so that you don’t get swamped. 

The role as secretary of the board - how important is it to have that role as a GC to achieve effectiveness?

WM I think being co sec can be advantageous – but not critical to being a GC. As Co sec you get exposure to Boards and learn how to interact with them and help to make them effective. You learn a lot about the whole organisation, how decisions are made, policy and risk. If you are the GC but not the Co Sec you need a very close relationship given the co-dependencies. 

AK Although GC I have never been the co sec too.  But I have always had close working relationships (some times in my reporting line) with the co sec – even if there will be some board matters which would be confidential to the co sec.  As GC to prepare for the board/committee meetings and the papers and ensure that the decisions are made correctly and are properly and carefully minuted is important to collaborate closely with the co sec. 

What do you think is the main skill or trait that distinguishes a junior in-house lawyer and a senior in-house lawyer? What would be the main aspect to focus to grow in seniority?

WM I think as a junior lawyer it is about mastering your field and gaining skills and experience. As a senior lawyer your judgement becomes very important – and you hope with your training you are usually right. To grow seniority – look out for opportunities to learn, challenge yourself and lead projects. It will mean the step up to a more senior position is a smoother transition.

AK Along with the increased expertise in the applicable law and the business context it is the ability to deliver advice to guide and shape the business not just a bare statement of the legal position or even options.  As discussed, this involves an assessment of risk and a capacity to be imaginative in problem solving. 

What are your top book recommendations?

WM
The revenge of power – Moses Naim 
East of Eden – John Steinbeck 
Becoming Earth – Ferris Jabr 

AK
The Abyss – Max Hastings: a fascinating account of crisis management and when to listen to advisers (or not!) in the Cuban missile crisis. 
Remains of the Day – Kazuo Ishiguro, and the novels of Elizabeth Strout. 
American Wife, and Rodham – both by Curtis Sittenfeld.

If you missed the session, you can access the recording here.