In the UK, General Counsel more often have to prove their worth compared to the US, where the Chief Legal Officer is frequently a board position. Additionally, there is also a relatively recent and concerning trend of companies ‘downgrading’ the role of the GC. This often happens when someone leaves the role, and the organisation appoints a replacement who no longer reports to the CEO. In this challenging climate, where the communication style of a General Counsel can make or break their influence, what can you do to maintain strategic relevance and 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. However, 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 who refers to their function as “legal” has to contribute to a charity jar. 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. In doing so, 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. For example, if someone is concerned about regulatory compliance, don’t start with the rules. Frame the issue in terms of potential financial losses or operational inefficiencies.
Focus on strategic oversight
It is the role of a GC to be a critical business adviser, not just 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.’ It also demonstrates your delegation and team-leading skills. You show you are not there simply to convey information but to advise. This approach empowers your team and positions you as a strategic leader. It shows you trust and rely on the expertise of your well-structured team.
Inevitably, many GCs feel it is their role to provide this kind of transactional update. They are ultimately responsible for how the case is going. It’s also seen as an opportunity for ‘face time’ with the CEO. However, the GC’s role is to be at the executive table. Your job is to watch the CEO’s back, and the business’s back. This requires the confidence to be open with the CEO—even when you haven’t read something. That goes against every lawyerly instinct! One GC gave us an example. She was discussing a loan agreement with her CEO and told him she hadn’t read it. Her reason? She was a strategic adviser. Did he expect the COO to know what was in paragraph four? The CEO didn’t care about paragraph four. He wanted to resolve a difficult relationship with a lender. The solution? A team member talked them both through the document. That gave them the insight needed to tackle the real problem and create a solution.
Take the initiative – and communicate in their language
Lawyers are trained to have a ‘service’ attitude. They listen to the client’s problem and provide a legal solution. As a GC, you need to shift that mindset. Push yourself into new spaces. Show the value you add by actively helping avoid risk and drive business. You are not just there to advise on law. For instance, if you notice a potential risk in a new business venture, don’t wait to be asked. Present a risk mitigation plan that aligns with the company’s strategic goals.
When working with engineers, finance teams, or project managers, adjust your communication. Don’t send them documents that look like law firm memos. They communicate via Gantt charts, schedules, 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 advice within a project timeline. Highlight key milestones and potential risks in a way they understand.
When working with the CFO—and especially if you report to the CFO rather than the CEO—work as a team. Present yourselves as a joint unit with a critical, problem-solving capability. Lawyers excel at assimilating complex information and finding solutions. Collaborating closely with the CFO ensures that legal and financial strategies are aligned. This improves decision-making across the business.
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.
This article was written by Karen Glass, In-house, Head of UK and Co-head of International, Marsden (https://www.marsdengroup.com/)
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