In-House Counsel

I’m Not A Lawyer, But…

When it comes to the legal world, non-lawyers are more than happy to offer their opinion.

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‘I’m not a lawyer, but…’

The legal department in any business organization is generally loathed.

In the eyes of the non-lawyers in a company, the legal department is where fun goes to die. It is where good business ideas are killed out of some obscure legal fear. And it is often viewed as being staffed by people who think they are smarter than everyone else and often crack jokes at obscure Latin phrases.

Which means, during any business meeting where legal is called in to opine on a topic, you can expect there will be some tension at the start. And naturally, when things get heated, you can bet the polite and professional jabs start to fly.

My favorite jab I have begun to notice is when my non-legal colleagues preface their statements with “I’m not a lawyer, but…”

It’s a nice way of saying, “Look, I know you went to law school and all, and have spent countless years of your life practicing in this area, but I am pretty sure you’re wrong and I’m right.” In five small words, they attempt to dispatch of a lifetime of education and experience as they champion their simple idea they assume we overlooked.

No one ever argues with the CFO or prefaces their comment, “I’m not a CPA, but…” Math and numbers are hard to dispute.

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Similarly, I have yet to hear one of our non-doctor colleagues push back on a medical doctor’s diagnosis or prescribed course of treatment.

But when it comes to the legal world, non-lawyers are more than happy to offer their opinion.

Which is why, as in-house counsel, you must always come prepared to a meeting and be ready to discuss any and all possible paths forward, even if they are the obviously flawed ones you dismissed early on. When one of your non-lawyer colleagues raises an obvious, but legally flawed, solution to the problem du jour, you have to be prepared to offer a well-reasoned rebuttal.

Sure, selfishly it may feel good to crush a non-lawyer’s argument in front of an audience of your peers, but putting your ego aside, it’s vitally important the others in the room see you demonstrate your value. Unlike our CPA or MD colleagues, it can often be difficult to prove the value a JD adds to the conversation. Taking advantage of an opportunity to flex your legal skills will only help to reinforce your moving forward.

Besides, if you fail to prove your value or demonstrate your expertise, your colleagues just may begin to act on their own, which not only opens your company up to sizable risk, it just may leave you without a job.

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Stephen R. Williams is in-house counsel with a multi-facility hospital network in the Midwest. His column focuses on a little talked about area of the in-house life, management. You can reach Stephen at [email protected].

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