Is there more that General Counsel can or should be doing to shape the environment around them? We recently published three interviews on Crafty Counsel with very different perspectives — but the common theme was that we are at an opportune moment for General Counsel to change the legal industry for the better. Will they take the opportunity?
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Dana Denis-Smith, CEO of Obelisk Support and Founder of the First 100 Years Project, would like to see clients shaping the diversity agenda. She wants them to push their suppliers to reflect the society they serve — and she’s not just talking law firms, but New Law and LawTech, too.
Alex Hamilton, CEO of Radiant Law, believes the door is open for clients to push law firms away from time-based billing. Instead, they could embrace fixed fees and other predictable charging methods. However, he questions whether General Counsel are willing to invest time and effort to understand “what they want to buy.” He also wonders if it’s easier for General Counsel, mostly trained in law firms, to make small adjustments to hourly rates and time-sheets. “Nobody seriously believes the legal industry is innovating significantly. Yet, remarkably, costs continue to rise for clients, not fall.”
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And, leadership consultant Ciaran Fenton reflects on the Mayson Review of Legal Services Regulation. The review, published in June, raised questions over how independent in-house lawyers can really be of their employers. It noted, “In-house lawyers must be able to sound alarm bells without fear of reprisal.” It recommended that General Counsel have a direct reporting line to the Board, guaranteed in their employment contracts. Ciaran discusses this finding with us and urges General Counsel to join the debate on how in-house lawyers should be regulated.
If you’re an in-house lawyer, I’d love to hear your perspective. Is it the job of General Counsel to push for diversity in their supplier base? Are you satisfied with your law firms’ fee arrangements, and do you think it’s your responsibility to change them? Should you have the right to bypass your CEO and raise concerns directly with the Chair or Board if necessary? I’d love to know — and we’ll be happy to publish your views on Crafty Counsel.