Providing quality legal advice timely certainly includes saying no. It is important for an in-house attorney to have developed a reputation as a legal expert who is a problem solver and solution seeker to enhance her or his credibility when that moment arises.
Sometimes it is inevitable that a lawyer in a company’s law
department must say “no.” There are actions a business can take that
are clearly prohibited and for which the lawyer must step up and say “no.” Can we collude with a competitor?” Nope. “Can
we take an action that Federal or State law clearly prohibits.” Nope.
“Can we file false information with the SEC?” Nope.
It is usually the exception rather than the rule that these
types of issues arise where the answer to a legal question raised by the
business is so clearly “no”.
The lawyer who has developed the reputation as a problem
solver and a member of the team who is looking for solutions to legal issues
that will help the business achieve its strategy and objectives will be taken
seriously when they have to say “no.”
The lawyer who develops the reputation of always saying no
without helping the business find alternatives that can reduce the legal risks
while achieving the maximum business goal will be seen as frustrating at
best. That lawyer may be seen as the
lawyer who cried wolf an ignored. Or the businesspeople will start to “forum
shop” by seeking out a different lawyer.
Or worst, they will stop seeking legal counsel before acting.
The art is to set the stage for the rare occasion on which the lawyer must say no by being a proactive, problem-solving member of the team.
Need help or an outside perspective for your team on the legal function? Let’s talk.