Showing posts with label in-house counsel. Show all posts
Showing posts with label in-house counsel. Show all posts

Thursday, 8 December 2011

Ethical Leadership and Corporate Citizenship: Principle 1.1: The board should provide effective leadership based on an ethical foundation (1.1.2)

What follows are some personal insights into the provision of the code set out in the King III report on corporate governance; how it affects business and how it transforms business not only into lighthouses of virtue, while maintaining the purpose of business; but it also stirs business into becoming model corporate citizens which are able to conduct their business in an effective, responsible and in a sustainable way.

Principle 1.1 of the Code : The board should provide effective leadership based on an ethical foundation:

Item 2:
"Responsible leaders build sustainable businesses by having regard to the company‘s economic, social and environmental impact on the community in which it operates. They do this through effective strategy and operations."
 This is indeed a profound statement, which possibly has been ignored especially in the US, namely that "Responsible leaders build sustainable businesses". Business as usual, was to secure the greatest gains, which in many cases has proven catastrophic. Business practises need to be sustainable, so short sighted approaches cannot be allowed to take precedence even if it makes sense on the bottom line. Quarters move along and the short term profits, soon like the seasons move onto winter, which if no sustainability was worked into the business could prove to be the businesses last; which will go down the tubes dragging communities with it. The consequent suffering will be what is remembered, not the short term gain. So indeed, these words: "Responsible leaders build sustainable businesses" are indeed profound beyond measure.
But even such great wisdom needs a context, it needs to be expanded to truly create no uncertainty as to its ambit of application.
Businesses of any size, are corporate citizens, hence as citizens of an increasing enlightened and educated country and the world; businesses need to be responsible as to how their choices impact the their employees, their families, the economically connected (such as other businesses dependent on the custom of the aforementioned), those in term connected to their client businesses and of course the tax revenue generated in the process, which is substantial. Seen in this context every business is an enabler of a better society. Seen in this context, business, not the civil service, needs to be encouraged. But given the benefits of business on the community, the need to ensure that businesses are stable and sustainable should be of paramount success.
Given the fact that one cannot ignore the fact that businesses have an impact and a part to play socially and environmentally; further highlights the fact that the businesses activities need to pass muster when seen in relation to these aspects.
Does this mean that businesses must become charities? Some might say so, but that is unsustainable in the long term. Businesses, by being good businesses, which are sustainable naturally uplift the community in which they operate and through their tax revenues allow government to carry out their required duties with regard to those in need.
This part of the code is brilliant in its simplicity -  which gives the key to how businesses are to do perform their awesome task - that is through effective strategy and and operations.
It is not lost on me that much this has been propounded for centuries in various forms in business literature, but it is refreshing to see the synthesis which has been highlighted here, that being good at what a business does is not wrong, but it needs to done the right way and with the correct guiding principles.
This one can see a corporate version of Ubunthu; but with the added business view - in other words businesses have to recognise the fact that they need to be competitive internationally, not just locally.
As a closing comment is that at last maybe business, can be seen as being part of the community, not apart; that the community can see the contribution business makes and appreciate its inputs and maybe, just maybe if business fully embraces this new way of seeing itself - maybe business will take its rightful place in society.

Tuesday, 6 December 2011

Compliance issues in business (Port Elizabeth, South Africa)

Compliance is a strange topic in many businesses. So often it is taken to be a reactive preventative requirement which is necessary expense or cost centre. This is the case in many cases because it is not unusual for many boards to be dominated by people with commercial degrees.
This in itself is not unique because as many would say business needs commercially trained people; which by necessity have one or two legal subjects in their training at varsity; so if everyone on the board or on the management team have similar qualifications, why does one need to bring a dedicated legal human resource on board?
It has always been my experience that the practise of law is very much like the profession of plumber; it is quite conceivable that someone can read a book on plumbing, go to a short course or maybe even watch a few YouTube videos on plumbing; but most experienced plumbers will be quick to tell you that unless you have actually done the actual job and all that that entails; can one truly say that one knows how to plumb.
In law it goes without saying that that litigation will in all likelihood remain the domain of external attorneys; but this very approach ignores the fact that lawyers have in most cases developed the ability to look at situations analytically, in many cases are extremely proactive and if combined with a commercial tendency; have the unique ability to bring a proactive approach to many aspects of businesses; which are traditionally approached reactively.
In addition; new regulations may seem to be restrictive; but in the very restriction lies the potential for taking a strategic advantage over the businesses competitors by exploiting opportunities afforded by the legislation; which has not been recognised by the competition.
It goes without saying that internal lawyers offer a unique opportunity for tactical advantages for businesses.

Thursday, 28 July 2011

Why businesses should look at integrating legal

In South Africa, we tend to see the law as a reactive option and our closest we get is using law for compliance. The fact is that law is the rules the play book if you will. They say that most errors (to 90% says one study) that error is decision making are usually based on an error not of logic, but of perception.

Could this be why is SA lawyers are seen as a necessary evil or even worse a cost centre?
Let's not tackle this issue head on let's rather look at some things that lawyers are good at:

Thinking
A good lawyer is not only someone who can look at and interpret law and some say are masters of gray, but rather let's look at what a good lawyer's thinking skills should be:
  1. Structured
  2. Logical
  3. Tactical
  4. Proactive
  5. Solutions driven
  6. "Big Picture" or "Global" view
 Team orientated
  1. Lawyers need to be able to work across multi-disciplinary teams with different personalities
  2. Can move effortlessly between team member and leader
  3. Knows the importance of many of the core principles behind project management
  4. Understands conflict, can engage in it when tactical required or resolve it
  5. Good people skills
  6. Excellent communication skills
  7. Can change roles quickly
  8. Understands how to work within set parameters
Flexibility
  1. Can be moved within the business to any position or project without too much disturbance
  2. The dynamic nature of law means that lawyers are more comfortable than most with position changes 
  3. Can easily be moved within reporting structures
Potential areas where the occupation of lawyer can help business
  1. Obvious is legal interpretation and compliance
  2. Handling legal problems and bringing in external legal assets when tactically and economically requires
  3. Disciplinary issues and appearance on behalf of the business in legal forums
  4. Naturally are risk conscience, so risk and its mitigation are a natural fit
  5. Contract management
  6. Procurement
  7. Project management
  8. Taking meetings
  9. Organisation
  10. Negotiation
  11. The list goes on ....
  12. Why are lawyers so capable, because as stated above they become masters of the rule book and from that everything else follows.
Other advantages:
  1. Helps secure "first mover advantage" (this was shown in a Harvard Business School Study)
  2. Reduced legal expenses
  3. In high risk industries, having in-house legal on site dramatically increases the ability of the business to contain and mitigate risk
  4. Lawyers bring a different view which can provide different insights into the business
There are many more advantages, but the items above and other will be dealt with in future posts. In South Africa securing the best possible legal minds for you business unit may be one of the best decisions that your business has made. Don't believe me, just step back from your present view and look at the potential and then put the cost into perspective. Its a good move to make.