Legal's Department of "No" Problem

It’s no secret that lawyers are predisposed sceptics. Then law school turns us into even greater ones. ??

So it’s no wonder that legal — and especially in-house teams — have a reputation (arguably well-earned?) as being “The Department of No.”??

As I recently heard one GC explain, that perception can make it a challenge to even get invited into the room.?

The prospect of legal popping into the conversation immediately causes anxiety for their functional peers?who have learned from past experience that legal’s involvement could potentially frustrate their goals.??

As a result, legal is often cut out of the conversation at precisely the time when we have the opportunity to make the most impact — at the very start, before an issue has had the chance to become the next “legal matter.”?

How can we change the perception from legal being an impediment to being a trusted and valuable partner to the business? ?

In talking with GCs, I’ve heard it explained in many ways, but I think it comes down to a couple of key things.?

1. Be a problem solver rather than a risk mitigator.

As Dr. Ulrike Schwarz-Runer , GC and CLO at BCG, recently shared on our latest episode of the Innovative Legal Leadership podcast, GCs can have a profound influence as a member of the executive team by taking a forward-looking role to get ahead of the topics and issues that are faced by the business.

They are uniquely positioned to see around the corners and help their counterparts in the business dissect these challenges in an understandable and approachable way.?

As I recently heard another GC explain it, legal needs to focus on being a "risk-absorber" rather than a "risk-mitigator."?

If you say “no” to everything, it’s no wonder that people don’t want to partner with you.

If they want to be invited to the room, legal teams need to learn how to say “yes” ?? more often and then find innovative ways to make that yes happen while still accounting for the risks.

2. Focus on the “how,” not just the “what.” ?

Along with a heavy dose of scepticism, I think a lot of us in legal might also admit that we’re a bit low on the empathy scale. ??

But even for those of us in legal who are recovering sceptics, the reality is that with the job comes the burden of delivering unpleasant news to others in the business.?

As Dr. Ulrike explained, being more mindful and authentic in how we show up to our work is one cure to this fault.?

When we show up fully and authentically, we are better positioned to lead with what Dr. Ulrike calls the “head, hands, and heart.” And when we bring a more empathetic lens to how we deliver our work, it’s received differently by the business.

“I think it's always the combination of the what and the how, right? People are most effective if they really focus on the one side, the right content, and then the other side, how they deliver it and how they put themselves into the shoes of the recipient.”

GCs need to be problem solvers who can deliver solutions with a heavy dose of empathy and heart.?

But like any change worth making, there’s a lot of work and incremental gains that we’ll need to make to get there.

Is it too much to think that someday legal may be seen as more than “The Department of No?”

Well, I simply can’t imagine a better example of sceptical thinking. ??

I'm Jim Delkousis. Founder & CEO of PERSUIT? | Recovered BigLaw Partner | Helping Transform How Enterprise Buys Legal

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