What Your Lawyer Won’t Tell You: The Hidden Value of a GC Mindset

If your lawyer only reacts, you’re missing the real value.

Let’s be clear: traditional legal counsel is essential. They provide vital expertise when you face a legal challenge that arises, ensuring you're protected. But what if there’s much more to having an attorney working for your company than simply reacting to issues or contracts as they arise? What if your lawyer could be doing more for you before a problem even happens?

Enter the mindset of a General Counsel (GC). Unlike traditional counsel, whose focus is often centered on addressing issues as they occur, a GC operates from a proactive, strategic standpoint. A GC is not just the company’s legal shield; they’re its strategic partner, constantly scanning the horizon for potential risks, opportunities, and growth areas.

The key difference lies in the approach. Traditional counsel often focuses on providing legal advice in a reactive capacity responding to events that have already occurred. This can be a crucial part of a company's risk management, but it’s not the whole picture. A GC, on the other hand, is involved in every aspect of the business, from operations to strategy. They are not just focused on compliance or contract negotiations, they are aligned with the broader goals of the organization, helping to steer it toward sustainable growth and long-term success. A forward looking perspective from a GC aligned with leadership can anticipate and avoid potential issues. 

Think of a GC as a partner who is always thinking about the bigger picture. They look at the company as a whole, not just from a legal perspective but also from an operational and strategic one. A GC brings a cross-functional approach that ties legal strategy directly into business strategy, ensuring that every decision made is legally sound and aligned with the company’s broader objectives.

Take, for instance, the process of scaling. A traditional lawyer may help draft contracts for a growing business, ensuring that each deal is legally binding. But a GC goes a step further. They are thinking about how these deals fit into the company’s long-term strategy. Are there any red flags in the current agreements that could cause future problems? What legal tools could be used to optimize the company’s growth? They can help shape negotiations and contracts in ways that drive value and mitigate risks in the long run. What can we do now to get ahead of where we will need be in the near future, and beyond?

For another example take simple contracting. In talking with clients, and the contracting teams my clients have dealt with, many internal legal teams are more focused on protecting the companies they work for rather than doing business. I have faced so many situations where contracts teams never want to involve legal because it will take too long, or nothing will ever get approved. This form of legal serving as "deal mitigation" is not only reactionary, but it is counter to what your corporate counsel should be doing. Your GC should be looking at ways to help ensure your business is protected in contracting while still making deals. If your lawyer is choking off your ability to acquire needed technologies, or contracting with needed partners, your business has an opponent as counsel. This is where a GC's strategic approach to contracting and a knowledge of what is sacrosanct in your contracting process is invaluable. 

In short, the GC mindset isn’t about waiting for problems to arise; it’s about preventing them, creating value, and adding a layer of strategic thinking that’s intertwined with the business itself. It’s about bringing legal knowledge to the table, but also being a key contributor to every business decision made.

So, if you’re still relying solely on reactive legal counsel, ask yourself: Are you getting the most out of your attorney, or do you need to augment your legal with someone in a GC role?

It’s time to elevate the role of legal counsel in your business. Share your thoughts, and tag trusted partners who bring a proactive approach to the table. Let’s discuss how the right mindset can unlock untapped potential.