General Counsel

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The Role of General Counsel

The client is the “organization”, regardless of the differences in organizations, the duty of the GC is to deliver the highest level of legal services to the client. The most important role is to manage the set of risks faced by the company. The GC needs to be more than just a legal technician and offer more than just good lawyering skills to add value to the business. A good GC provides high-quality service at the most reasonable cost in a user-friendly way, while maintaining high standards for integrity and ethical behavior required for the legal profession. The role of GC is not to impede business but to help drive business forward. An in-house GC knows the client in depth, the lawyer can provide legal advice that aligns with the business strategy.

Responsibilities:

Risk Management and Compliance

Compliance with the law is not one, substantive subject. It encompasses many subjects (antitrust, tax, accounting rules, labor and employment, etc.) that cut across the company’s multiple functions (technology, manufacturing, marketing, sales, finance, etc.). Compliance also involves regulatory regimes governing specific industries (health law, communications law, banking law, etc.). The GC uses her expertise in a variety of ways that create value for the corporation, including, but not limited to, compliance. At the core, the role is about promoting corporate integrity and adherence to the applicable law. The GC must determine the law that applies to each corporate function—from sales and marketing, to technology and finance —in each business location. In addition, there is a related problem that legal systems and applicable laws are constantly changing. Tasks include:

Ensuring an adequate compliance program in place

Identify and assess risk and risk management programs

Advise on insurance and other ways to mitigate risk; including reviewing with Finance corporate insurance policies and gap analysis

Data Governance and Security

Business licensing

Records Management and retention

Responsible to identify, develop, communicate and monitor policies to ensure compliance with the law by the entire enterprise

Involvement in administration of policies and procedures related to corporate governance (manage with outside counsel and Secretary of the board)

Counseling on legislation and governmental relations

Commercial Transactions

The general counsel provides legal services as a practicing counsel and is responsible for the legal affairs of the entire enterprise. The GC assures the availability, continuity, and quality of competent timely and cost-efficient legal services needed to support the various business teams. Tasks include:

Outbound and inbound licensing and contract support (drafting, review, negotiation)

managing relationships and matters with outside counsel

Development and maintain good working relationships with senior management

Track and manage ongoing and current contractual commitments

Employment/Labor Law

People and culture are closely tied to compliance and risk. Having legal and human resources closely aligned helps reduce overall enterprise risk and can help shape the culture better than simply writing policies. This function requires managing employment best practices and an audit program. Tasks involved in managing people and culture include:

Manage relationship with PEO

Facilitate and provide guidance to management teams on HR matters

Provide direction on HR functions including applicable staff trainings

Developing, interpreting and implementing policies and procedures according to federal and state laws and regulations; including the recruiting and selection.

Participate in coaching, discipline, and terminations as necessary

Monitor and ensure compliance with company policies to help avoid litigation or other potential losses

Help enable company to attract, hire, and retain top quality employees

Ensure recruitment efforts are advancing the goals of the company

Help develop and implement the Company’s human resource business plan, establishing accountability, identifying solutions to resolve problems and fostering a diverse workplace

Intellectual Property (IP) Management

The GC has overall responsibility for maintaining and overseeing the IP portfolio of the organization. Typically, this includes:

Staff training on IP

Processes and policies regarding IP development and licensing

Protection of Trade Secrets (confidentiality and nondisclosure agreements)

Advise on various protections afforded

Procure registered protections as determined by the business

Enforcement of company IP

Desired Skills & Experience

Strong inside / corporate legal background and experience in a high-growth company

Well organized with very strong time management skills

Strong work ethic

Excellent verbal and written communication skills

Efficient and productive

Strong planning and execution skills

Adept at navigating new software and learning new technologies to deliver results

Unquestionable personal code of ethics, integrity, and trust