Over the past year, my counsel is constantly judged by a select few senior business folks (eg arguing over FTC compliance, IP risk counsel, and even simple things regarding NDAs that any attorney wouldn’t question. It’s very frustrating that my own team is the one I have to defend my logic to (and not opposing counsel). It feels like they want a rubber stamper, which is not me.I never faced this at my prior in-house roles (probably because they were much a larger). Any advice on how to handle?

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I don’t have much advice other than to keep a running log of the legal issues, your objections to the business engaging a certain way, and their response/refuse to take your counsel. Because as soon as something goes awry (and it will if they aren’t listening to you), they’re going to come to you angry that you didn’t “protect” them. In that moment, you’ll want receipts showing you did, in fact, warn them of these risks. It sounds petty, but it’ll save your ass.

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Ah, I know the type. Their ego refuses to accept any solution they didn’t think of. With that particular type of asshole business partner you need to inception them, so “their” idea already has your fingerprints on it and you can then rubber stamp it

My philosophy: In-house counsel wears lots of hats, but the most important is Counselor. And at the GC level you’re effectively the Consigliere. If the Don won’t listen to you, it may be time to consider a new Family.

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All you can do is advise. But consider whether your risk tolerance is set too low. It’s possible your clients have a death wish but at this point I try not to focus on risks that likely won’t matter all that much.

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Ah “the everybody does it defense.” Oft the subject of granted motions in limine. Not a legal defense. Mommmmmm.. Billy does it. Lol.

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Clearly document in an email the risks that you have raised, the risk profile, and that they have opted to accept the risk on behalf of the organization.

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This is SO important!! And keep these emails in a separate file so you can pull them quickly if needed

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This happened to me too. Always a few of these peeps out there. I wish I had the answer for you.

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Assuming your title is accurate, you do need to get used to this. I don't know many GCs who don't feel any differently than you do on a regular basis. (Especially in startup or smaller companies) Feel free to DM me if you want a sanity check.

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