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General counsel need to know what is going on – two more formal methods

No general counsel wants to be surprised by some event, not if a lawyer in the department had some inkling it happened or might happen. Drop-ins, phone calls, hallway chats, emails, and scheduled one-on-ones are all means by which the top lawyer keeps in the know about what’s going on.

Two other methods showed up in a presentation by Bart Colli, the general counsel of Aramark, in a PLI handbook regarding internal investigations (at 861). Colli’s single bullet point reads: “What the General Counsel Needs to Know memo to be operative at all times/Written staff reports monthly.”

I presume Colli has made it clear that if he ought to know something, put it in a brief memo to him. Different lawyers will have different thresholds for how often they send off such an update, but it certainly sets the tone: keep me posted! The second method, monthly staff reports, happens at more legal departments of much size. I have concerns that they become sclerotic, rote, and degenerate into self-promotion, but a general counsel can enforce standards (See my post of Aug. 1, 2006: burdens and benefits of staff reports; June 25, 2007: status reports to clients as an aid to setting priorities; Sept. 1, 2008: online wiki-like status reports; Jan. 13, 2008: report legal issues handled, not time; Nov. 23, 2008: status reports don’t clearly show how hard lawyers work.).

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4 responses to “General counsel need to know what is going on – two more formal methods”

  1. There is a single determinant as to how well any exec, including a GC, is informed about incipient problems: How does she react the first time someone brings her such an issue? That sets the tone.
    If she says, “Thank you; I’m glad you brought that up to me,” she’ll be well informed in the future. If she says, “You’re a senior guy; go solve it yourself,” she’ll be blindsided when an unsolvable problem does occur. And if she shoots the messenger, soon all she’ll have left is folks playing politics and hoping to outlast her — indeed, perhaps even doing stuff to undercut her.

  2. Nursing tops says:

    indeed, i agree with that, i guess Different lawyers will have different thresholds for how often they send off such an update, but it certainly sets the tone.

  3. indeed, i agree with that, i guess Different lawyers will have different thresholds for how often they send off such an update, but it certainly sets the tone.

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