The Evolution of General Counsel

Amita Kent

Almirall S.A.

November 24, 2015

Where do you sit? What is your role?

We no longer sit in an ivory tower

We are not passive observers or

transactional clerks

We are not approvers of business

transactions

Our focus is no longer reactive counselling

What will be your role?

We are sources of advice, guidance and education

– is this enough?

We need to think about strategies and provide innovative

solutions

“Thinking outside of the box” is a required

skill and as lawyers, we like the box

Global Business Transformation (GBT)

Scope and speed of business has changed dramatically in

the last 10 years

Multijurisdictional, multilingual, multi everything – this is the

new reality

New risks: compliance, data privacy, antitrust, etc.

Risk evaluation and management of risk is in a different

proportion than the past

Global Business Transformation (GBT)

GBT as part of the strategic future of your company

How to manage/mitigate

Who to turn to for help

Business must be adaptable

and so must you

Legal Department Transformation (LDT)

Existing responsibility for traditional matters: Litigation,

Regulatory, HR, Corporate Commercial, IP, etc.

But now, our scope of responsibility is much broader, complex

and challenging

Understand as a department, your organization´s priorities

Need to engage; don´t wait to be engaged

Shifting of paradigm

Legal Departments Transformation (LDT)

Be proactive by asking questions; invite

yourself to meetings; offer your services

Move to a trusted partner model

Organize your own team; know their

strengths and weaknesses; use their

networks

Help make strategic decisions; don’t just

write opinions

General Counsel Transformation (GCT)

Create or modify your job description

Understand the business and future priorities - this is key

Every CEO/Executive Committee/ Management Board is

different - adapt

Know the players, know the personalities

Gain alignment outside of the boardroom

Establish a plan

General Counsel Transformation (GCT)

Be prepared to provide strategic input (i.e. commercial,

financial, etc. outside of your field)

They expect you to assess risk and to police - surprise them

by suggesting alternatives

It’s not a popularity contest

Ensure your value is seen and appreciated

Give your team and colleagues credit

Always be true to yourself

Be fearless - be a gladiator

Tools of the Trade

Outsourcing has become an art (litigation reports,

document review; discovery process; precedents)

Capitalize on the value add of outside counsel, risk

sharing and innovative fee structures

Technological improvements

mean everything you need is at

your fingertips

On-line search engines; blogs;

articles and how to; caselaw (real

time), templates, etc.

Tools of the Trade

In house file share options (Sharepoint); alerts; multi-tasking

capabilities, etc.

KPIs/Collaborative working arrangements to help identify,

manage and prioritize expectations

Feedback mechanisms; surveys and other improvement tools

so that you can evaluate your progress as GC

Fiscal responsibility is part of your job description – show how

your department has managed and/or reduced costs

Conclusion

o an overall understanding of the business

o diversification of skills

o speed and accuracy in evaluating and managing risks

o ability to offer viable solutions to advance the company´s strategy

o acumen in people and fiscal management

As GCs, we need a seat at the table

– we cannot be the afterthought

Our roles have never been more

challenging or more interesting and

our new DNA requires:

For more information about the marcus

evans legal

summit series:

webenquiries@marcusevansbb.com