How to Think Like A Lawyer Pt 1: Hey You Business People!

This is an article NOT for the lawyers and in-house counsels out there…

This is one for the business peeps. HR, Finance, Marketing, Sales. I’m talking to YOU. In fact, this whole series that I’m starting — it’s for you.

You may be thinking:

• Why do I even have to BOTHER thinking like a lawyer?
• Why do I have to give a [bleep] about lawyers when they exist just to make my life hard?
• How does it benefit ME? Who [bleep] cares about lawyers.
• What’s so good about thinking like lawyers? They’re not as smart as they think they are.
• I [bleep] [bleep]! [bleep]!

Well I’m going to tell you. And rest assured that it’s not about making the world a better place, but for you to stop fighting with your Legal team (intentionally or otherwise) and get your stuff done without having Legal roadblock your projects and make up non-existent problems!

Aina — have you lost your mind? Are you a [bleep] traitor?

OK, before all the b&w pitchforks come out, I have to take a quick minute to explain. I’m not a traitor to my legal comrades. Despite the tone in the intro, I’m proud to be an in-house legal counsel executing all sorts of magically legally tricks daily.

But, I am sick of arguing with my Business colleagues on:

• Not getting complete and clear instructions about any legal document they want me to prepare or review.
• Feedback that doesn’t help me understand the operational parts and risk tolerance of the project.
• Being forced to decide something that I vehemently think is not Legal’s call.
• Being looped in too early or too late in anything.

So you see, I’m just doing my bit for the profession. Help Business people understand what we are thinking, and maybe, just mayyyybe, we can vibe off each other’s energy.

The intro is just to butter them up, you know, make them feel like I’m on their side.

Which I am. Sometimes. They can be right too, and we can be wrong. Shoot, I don’t know. Just don’t cancel me yet OK, I’m trying to do something here.

Reason #1: Thinking like a lawyer helps you get work done (and through Legal).

Back to the Business peeps. Business peeps, this here is the #1 reason and in fact should be enough to convince you. In fact, I’m just gonna write this one reason and call it a day.

Have you experienced a Legal roadblock at the very last minute?

You’ve ironed things out with the vendor, gave them your word that the project will start on Tuesday, updated your boss, prepared a nice little deck on the project timeline, when SKRRTTTTTTT…. Legal says wait.

You start to feel a sense of doom. You just need Legal to confirm that you can go ahead because the SOP says you have to, and now they’re telling you to wait? For what? Why can’t they just confirm the document you sent them?

Then when you get into a call with them, they start listing a bunch of things that you supposedly didn’t do and for some reason has to be settled before the C-level signs the document? And the document itself is not the right document and doesn’t have the right terms? What?

The walls are closing in, and you know deep in your heart you can say bye-bye to the project timeline you spent hours perfecting.

In many cases, Legal holds the power to letting things “proceed”. Your boss can’t do anything, despite not liking it as much as you do, because Legal’s power cannot be challenged. So you wait for Legal to do what they need to do and fend off calls and emails in the meantime.

Unpleasant right?

The way to stop repeating this experience is to figure out what Legal wants. You can either fight the system, or work with it.

I’m telling you, the Legal people aren’t going anywhere. They’re going to be a part of any company you’re going to work with or at least advising on the side. They’re still going to be gatekeepers. They can unlock the gate but you need to speak the right language with the gatekeepers.

Thinking like a lawyer helps you figure out what Legal wants, settle those requirements upfront, and breeze through the legal review process. In fact, you’ll be their poster child for the Most Cooperative Business Colleague AND your work will be prioritized over others. PRECISELY because you think the way they do!

Sure, it takes more time to think like they do. Maybe you have to prepare a few extra documents and spend a few hours talking to them early on in the project preparation stage, but it pays off at the end.

Hey Aina, I’m not convinced.

Okay, you’re not convinced. It’s fine. I’m not saying that thinking like lawyers is the magic potion to making your corporate life easy. Also, I’m not guaranteeing anything. No money back guarantee, okay!

I also totally understand that there’s some resentment (even if it’s a little bit) built up on both sides over time. In any company or setting.

What I’ll do is put together a few translations of Legalspeak and a few tips to keep in mind when you deal with Legal.

No pressure (on me and on you).

If you want to contribute a Legalspeak for translation, let me know.

All views expressed are my own and do not reflect the views or opinions of my employer. Any statements or characterizations in this post are purely fictional and not based on real people. I may draw inspiration from my experience and other people’s experiences but there is no ill intent.