Lawyer Monthly - October 2024

Once that understanding is established, the next step is to grasp board dynamics, consensus, individual concerns, and decision-making processes. Reconciling these understandings with the strategy or objectives allows me to identify various things such as legal needs, methods for establishing alignment, and appropriate deliverables. I work with the laws, regulations, and authorities that govern the organization and the board to ensure constant monitoring of organizational activity and board actions. I manage within business relationships to ensure obligations are fulfilled by all parties, while also tracking best practices to support relevant actions and policy development. Together, these elements support alignment. Can you share an example where you identified a critical business issue for a client and developed a successful legal solution? Certainly. I have learned that what is considered critical is relative. I see issues that go unnoticed but that I think a business or leader will find crippling, and issues that cause panic but do not necessarily have a long-term detriment. We have clients who self-identify issues and others who, through our collaboration, come to realize them. An NFP client recognized the potential that certain activities could impact its longevity. We spent extensive time researching, developing, and educating on models and creative structures that offered compliance, distinction, and the desired sustainability for the NFP. Spending time with leaders to determine what mattered most and their long-term goals allowed leadership and our team to collaboratively identify and develop the optimal structure compromised of multiple entities, a suite of agreements and auxiliary documents, and clarified practices. A for-profit client had an incredible vision for helping other firms achieve preferred financing events, where typically they drop off. This client had clearly defined desires and returns. After sessions with the client, we identified areas of opportunity within the envisioned structure and stepped back to identify potentially more suitable structures and create a framework that would protect the client, foster healthy long-term relationships with other firms, meet the goals of the client, and bring the firms to a mvp and further along in their finance lifecycle. What strategies do you employ to keep C-suite executives informed of potential legal risks without overwhelming them with technical details? Great question. First, I maintain a constant diverse stream of real-time learnings and historical/static learnings. With real-time learnings, I keep a pulse on industries, markets, and geographies. Historical and static learnings help develop depth of concept, allowing me to study past happenings to guide present and future considerations, recommendations, and actions. Second, I stay attuned to what is relevant to the executive or leader and what might be inconspicuously relevant. For those Balancing what I think is important with what truly matters to leadership and what has a real impact on the organization is critical to the information being received. willing, we openly discuss concerns of the company and the leader, which allows me to note what matters and what is a priority. I also observe. When on-site, in meetings, or reviewing correspondence, I listen for the unspoken. By tracking industry and market trends, I identify unspoken matters that could have positive or negative impacts and track them to determine the optimal time to share or engage. Third, I determine appropriate timing, frequency, and output. As one client CEO says in leadership meetings, not all things are a 5-alarm fire. Balancing what I think is important with what truly matters to leadership and what has a real impact on the organization is critical to the information being received. Translating information into a consumable form specific to the receiving executive is equally important; this can range from a general report to a late-night call. Some may need a long-form memo, while others may only require a bulleted summary. How has the role of legal counsel for businesses evolved, especially with the increasing importance of compliance and regulatory issues? I’m sure it varies for each practitioner. For me, the role has evolved from being WWW.LAWYER-MONTHLY.COM 19

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