Involve legal department:Not just extinguishing fires, but preventing them

Author: Stephanie Simon-Sommer, Attorney at law

Decisions are constantly being made in companies. The legal department is usually only asked afterwards whether these decisions are legally watertight. Quick answers are then required in order to implement decisions immediately. However, things are often not that quick, and sometimes there is a need for legal fine-tuning. And everything is delayed. The blame for this delay is often put on the legal department – which is unfair. If the legal department were involved from the outset, resolutions and decisions could actually be implemented immediately. So how can companies deploy their legal department so that it not only puts out fires, but prevents them?

Involving the legal department in processes

Our colleagues in the legal department never deliberately put on the brakes. They are just as interested as everyone else in valid and quickly implemented corporate decisions. But the pace suffers when decisions make it essential to examine all the associated legal risks. Because that takes time. And could easily be avoided.

In order for the legal department to operate as efficiently and successfully as possible, it must be proactively involved in internal company projects and processes. This is the only way to prevent smaller and larger “fires” before they even start. Legal problems are addressed before they can result in major damage. Those who ignore this legal expertise will often find themselves suddenly and unexpectedly receiving a fine or an injunction. In such cases, even the best legal advice can only limit the damage. This makes it all the more important to persuade the management and set a “tone from the top” that the legal department should be involved as early as possible.

Motivated employees are productive employees

Those who involve the legal department at an early stage are rewarded not only with faster processes but also with more motivated colleagues. They are happy when they can contribute their knowledge and skills – and don’t have to spend their working day on routine tasks. Experience has shown that high motivation leads to higher performance and satisfaction. It is therefore important not to jeopardize this motivation with overly rigid guidelines or even micromanagement. The more independently lawyers can make their contribution, the more committed they will be to their work.

Experts refer to this as “empowerment”: instead of being bossed around, employees can contribute their strengths, ideas and knowledge. This boosts self-esteem and personal responsibility. The reward for the employer goes beyond the more motivated and therefore more productive employees: retention and loyalty increase. Who would leave an employer who values their own skills?

Support through legal outsourcing

The earlier the legal department is involved in strategic processes and projects, the more efficiently it can eliminate potential legal problems. Supporting strategic processes with legal expertise is actually the most important task for the legal department. The problem is that contract and NDA reviews, warranty cases and legal opinions often tie up too much capacity in day-to-day business. Fortunately, these routine tasks can be delegated. Legal outsourcing provides a remedy in the event of a permanently high workload or particularly labor-intensive order situations. “Outsource the work that keeps you from working” is the motto.

Finally, a tip: a surprisingly large proportion of companies’ contract templates can be created by the respective specialist department itself with the help of IT-supported solutions. For example, document generators can be used that contain legally compliant templates created by the legal department.