Caroline Hayward and Kate Montano explain how a chessboard and a compass will help you navigate your adventures in-house
First, there’s the room you can see through the glass——that’s just the same as our drawing-room, only the things go the other way.
– Through the Looking Glass, Lewis Carroll
Much like Alice, you’ve passed through the Looking Glass! You have left the familiar, cosy drawing room of private practice behind and stepped into another world entirely. You may have glimpsed life as an in-house lawyer through the glass – it looked much the same, but here everything is backward. You were used to purely playing by the rules of law, but now you’ve stepped into a game of corporate chess. If, like Alice, you rely solely on your established logic and sense in this chess game, you may come unstuck!
Many lawyers do not fully appreciate the significant cultural shift involved in a transition to in-house practice. In a law firm, lawyers are the engine room – all inputs of the business are geared towards the delivery of legal services. For any in-house role, that value proposition is flipped – your legal services become an input towards your organisation’s business and commercial strategy.
Studying the chessboard
Your metrics for success used to be your billable hours and the strength of your client list. Now, you need to decide what new metrics demonstrate the value you bring to your new team and your organisation. Commercial acumen and a depth of understanding of your organisation’s business will help to transform how you frame and deliver your legal advice.
Ask yourself questions like:
- Why have I been asked to advise on this stream of work?
- How does this work fit within the business’ strategic plans?
- Is legal advice the best tool to manage this risk or does another function need to get involved (e.g. Compliance, Risk, Insurance)? (Read about how to manage a crisis in our insight ‘Crisis Management ‘How To’: Don’t Throw Your Hands In The Air!’) and how to consider risk in your business in our insight ‘Navigating Modern Slavery Risks: Is Your Organisation Prepared?’)
- How is legal advice communicated within the business? How can you ‘speak the language’ of different functions when delivering your advice and reporting on your work to your stakeholders?
- Where are the pressure points in the in-house team? Is there an opportunity to innovate, find efficiencies or automate a process to alleviate that pressure? (Talk to our Innovation team if you’re not sure where to start)
- What is your client’s intent and where are your boundaries? (Read our insight ‘Sharpening The Axe: How to Best Prepare for Contract Negotiation’)
This may seem daunting! That’s even before you realise that you can never stop asking yourself these questions (curiouser & curiouser…). However, Alice had to encounter all kinds of alarming situations which did not adhere to her preconceived ideas of sense and order before she could master the game. Lucky you! You have this article to get you started.
Your compass
“Would you tell me, please, which way I ought to go from here?” “That depends a good deal on where you want to get to,” said the Cat. “I don’t much care where-” said Alice. “Then it doesn’t matter which way you go,” said the Cat
– Alice’s Adventures in Wonderland, Lewis Carroll
When you’re at a crossroads you have an ace up your sleeve – your professional obligations. What do we mean? Just because you now have a handle on corporate chess, doesn’t mean you need to get lost in the game. You will come up against all kinds of quandaries and line-ball calls in your career as an in-house lawyer. Whenever we find ourselves in such a position, we pull out our trusty compass – our professional obligations.
It may sound reductionist, but in our experience the simple exercise of revisiting your duties as a solicitor will always guide you true.
- Consider who is your client in the scenario and act in their best interests, guard your professional independence and integrity and be honest and courteous in all of your dealings (no sharp practice!).
- Always discuss any conflicts of duty or interest within your team, document any decision and consider briefing externally.
- Periodically revisit best practices to maintain legal professional privilege, especially when implementing new technologies (Read our insight ‘Using the shield: Practical tips to managing privilege as inhouse counsel’).
It is all about the adventure!
‘It’s no use talking about it,’ Alice said, looking up at the house and pretending it was arguing with her. ‘I’m not going in again yet. I know I should have to get through the Looking-glass again – back into the old room – and there’d be an end of all my adventures!’
– Through the Looking Glass, Lewis Carroll
Lawyers often cite work-life balance as the key driver of the move in-house. With the greatest respect, they may not find a wonderland! Alice’s greatest reward isn’t (spoiler alert) being crowned Queen – it is the adventure itself.
Continual shifts in the regulatory landscape, changes in management priorities and risk appetites, the impact of market forces and changing technology shake up the chessboard and re-write the rules of the game. No day, month or year in-house is ever what you expect.
We say you should embrace that uncertainty, choose-your-own-adventure and don’t look back at your old room.
- Pay attention to what sparks your interest
- Intentionally focus your efforts in that direction
- Manufacture opportunities to challenge yourself, and
- Find excellent mentors.
Finally, chart your own course…
Ultimately your in-house adventure is yours and only yours.
Further information
If you need further guidance on transitioning to in-house practice or need to fulfil an in-house resourcing need, please reach out to KWMConnexion@au.kwm.com.
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