
Making the leap from associate general counsel to general counsel takes many factors into consideration, not the least of which is does this lawyer have the presence, the gravitas, to serve as the top legal officer? In coaching lawyers with the aspiration to become a GC, I often work with them to improve their presence; one focus is to help them become more formal in their presentation.
What is presence?
Presence combines many factors including how someone presents themselves physically; are they dressed appropriately for the situation; are well groomed, etc. It also most critically includes how they conduct themselves, how prepared they are for the situation, and their qualifications. For the general counsel, presence also includes how they convey the appropriate level of gravitas. Senior management and board directors of a corporation, nonprofit or other organization look to the general counsel for guidance that in bet-the-company situations. In rare cases this means keeping the entity out of bankruptcy and in some cases keeping the CEO, board members and other senior executives out of jail. Short of these extreme cases, it more often means protecting the company and management from potentially expensive and time-consuming litigation. For senior executives to rely on the entity’s general counsel, they must not only respect the GC, but they must also give weight to the GC’s legal guidance. One metric that detracts from that “weight” is if the GC is too informal in his or her presentation or demeanor.
Informality works at home, not at work
Learning when to be more formal and when a more casual presence is appropriate can be difficult for a lawyer. Lawyers are trained to rely on facts and arguments to make their case to a manager on the business side. If they are imbedded with the business, they will get to know the business leaders and develop a trusted relationship with them. That can lead to a more informal and friendly relationship. However, there are lines. Being too casual and being too informal can undermine the lawyer when a difficult legal problem arises, and the lawyer must give advice that is not necessarily what the business leaders want to hear.
In moving up to the general counsel position, being too informal carries an even greater risk for the GC. A certain distance is even more necessary as the stakes are even greater.
How to become more formal?
In working on formalizing a lawyer’s presence, I often have the lawyer focus on their word choices and their language in general. We live in an age of texting and short, to-the-point emails
that often use shortcuts, jargon and sports analogies to make a point. Breaking this habit when providing sound legal advice is critical. In addition, using lazy speech, e.g. you know, like, uh, undermines credibility and telegraphs immaturity. Choosing strong words, active voice, and clear sentence structure goes a long way to giving the assurance to management and the board that this person has the gravitas to be providing the needed advice.
In addition to using more formal language, a general counsel should keep the appropriate “distance” from management. Getting too close, particularly personally, can detract from gravitas. Being on friendly terms with the senior management is appropriate and desired; however, being overly friendly and familiar is not helpful. There is a fine line between the two that differs in each situation. Knowing where that line is key to a GC’s credibility. When I work with aspiring or new GCs, I help them identify the line and how to maintain the necessary “distance,” so they don’t cross it.
Informality has its place in business. For a general counsel or an aspiring general counsel, being too informal whether by using casual language or being overly familiar is a trap that can seriously detract from their presence and undercut their credibility and effectiveness. With some coaching, this trap can be avoided.
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