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[quote=Anonymous][quote=Anonymous]Former in house attorney here, and I agree with PP. The best in house counsel recognize that it is their job to advise about risk and provide alternatives that might be better, not just to naysay.[/quote]

Current in-house attorney.  I generally agree with this by there are a few caveats. My primary job is to help my clients meet their objectives and, at the same time, keep them from playing in traffic.  However, as the company's lawyer, I tend to bring a big picture perspective to things.  Many of my clients are younger business people who are ambitious and trying to make their mark.  I understand that and I facilitate when I can.  But sometimes I am saying "no" because I have inside information or institutional knowledge that their idea won't get past the GC, or the CEO or the Board. Most of the time I am saying "that way is too risky, try this alternative."  Driven business people don't always hear that though.  They want to do it their way.

Hoestly, I think that the lawyer's role also depends on the company's culture. Some companies want lawyers who just advise on risk and provide alternatives.  Other companies (like mine) want their lawyers to be gatekeepers on business matters also.  Our CEO has said that he does not want to see any idea hit his desk that Legal has not bought into or had input in.  He does not want his lawyers to be able to say "Boss, I advised him of the risk and he went ahead anyways."  He wants us involved at the formulation level and accountable as such.

So...the short answer is that your role my depend on the culture and what your company expects from it lawyers. [/quote]

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