Author: Legal Week
28 Sep 2009 | 12:33 | 15 comments
"I work in-house at a sizeable listed company. I've been there for four years and have recently moved into a more senior role. I generally enjoy my job and work with a very good team.
"My problem is with the general counsel, who has been there for donkey's years. He gives every indication that he intends to drift along for years more, not doing very much work while the team slogs away. This is very demotivating for the team as everyone knows there are precious few slots for promotion, and to see the guy at the top of the pile holding back people who could be stepping up is getting everyone's back up. My colleagues often complain to me about him and the example he's setting.
"The other day he made a joke about planning his retirement 20 years from now when he'd finished at the company. I got a flurry of emails from irritated co-workers. But what should I do? Do coasting GCs typically just drift along for decades without anyone noticing? And, if so, is there any point in me doing anything other than looking for another job? In the meantime, I've got to try to keep good people motivated in my team... any advice welcome."
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COMMENTS (TOTAL 15 COMMENTS)
Occupational hazard working in-house, I'm afraid. Once you get up to mid-level in all but the biggest companies all you can do is bide your time or hope the GC is hit by a bus.
Anonymous -28 Sep 2009 | 14:26
Who is the GC's boss? I think that this is a huge problem and whoever is in charge of reviewing the GC's work should be ashamed that they have left this to fester for such a long time. If you trust anyone in your HR dept you should go to them in confidence and explain the situation, or somehow find a way of bringing the GC's attitude to the attention of those in power. If you have a big enough team, is there any chance of bringing in anonymous 360-degree reviews?
This does seem to be scarily prevalent in in-house business. But why should your team pay for his inept behaviour?
Inhouser -28 Sep 2009 | 16:12
Whether or not this is a real or fictional situation, it makes a good hypothetical for discussion.
Maybe the GC isn't that inept in the eyes of people, other than those who would like the material benefits of his job? If the young Turks can easily topple the boss by complaining to HR or his superiors then isn't that just self-interested mutiny?
What if the GC is only late 40s/early 50s? What does this say about all of our career demographics where we are all living longer and expected to work to an even OLDER age?
If you were his No.2 and were to succeed in getting rid of the GC, would you want the same treatment later by your juniors? You won’t see yourself as deadwood at that stage, but they might. How are we all going to support ourselves if we live until 80 but get pushed out of our profession by an increasingly impatient youth - and become unemployable - by 50? Most reading this will sympathise with the aspiring juniors but none will be young forever nor likely be able to afford to retire before 50...
value adding veteran -28 Sep 2009 | 18:16
Sing his praises to any board members you see and do all you can to get him promoted to a board position - then take his place.
Anonymous -28 Sep 2009 | 21:15
Good luck, I say cynically! This is a big problem for in-house teams, one we've suffered with for years. Time and again its been raised with our HR function, who are just not interested in dealing with the issue of those coasting to retirement - although to be fair in our organisation it's not just the GC! As a result we've had a number of departures from what used to be a good legal team, and I've had to accept that I will need to leave in order to progress my career, and regain a sense of purpose. One thing you could try, as I did, is a secondment to another part of the business for a time - at least it will give you a break!
Inhouster -29 Sep 2009 | 08:59
This is the reason that you get a fair number of talented lawyers quitting in-house to go back to private practice, even though they would rather work in-house. Once you reach a certain level it is so hard to get career development. And many companies treat the legal team like a back-water, with little focus on performance as long as nothing monumental goes wrong. It’s hardly encouraging for the most ambitious and committed lawyers. For all the claims about how the standard of lawyers working in-house has improved, and there is some truth in that, until there is more of a performance culture, especially for the lifers, practising in-house will fall behind private practice.
Anonymous -29 Sep 2009 | 09:42
Be very, very careful about taking complaints about performance above your boss's head. Think about how this looks from his boss's point of view - you are essentially suggesting that your boss's boss is not doing his/her job properly because they have failed to spot that the head of the team is a problem. At best, this is embarrassing; at worst, annoying for them and possibly career-affecting for you. Generally management won't be interested in this kind of complaint as long as everything appears to be running smoothly. If you can point to tangible damage that is being/will be done to the business, that's a different matter. But realistically have two choices: put up with it or leave.
If you put up with it, you will have to "manage upwards" to get more out of your boss. Treat it as a textbook exercise in dealing with difficult people that will stand you and your team in good stead in future employment! And remember that wherever you go, you will have to work with difficult and frustrating colleagues. It goes with the territory, unfortunately. The mark of your success as a manager, and what will help to motivate your team, is how gracefully you deal with it.
Anonymous -29 Sep 2009 | 10:42
This is not isolated to in-house. I moved from private practice because our department head had moved to equity and she just gave up after that. Her 'expertise' was never strong and this move just made the whole team a laughing stock as she simply had no credibility outside the firm. It's a difficult one in the current climate but the only option I had was to move and that may be what you need to consider. I don't think speaking to anyone more senior will make a difference, in my case everyone including other partners in the firm knew she was not right for the role of department head and so moving to equity simply sealed the mistake.
annonymous -29 Sep 2009 | 11:02
Its a problem in-house. But it's a problem in all sorts of other places too. At least have a laugh while thinking about what to do! I recommend that you read "Throwing the elephant - Zen and the art of managing up" by Stanley Bing. The elephant is your boss, the powerful but lumbering authority figure comfortably ensconced in your company's corner office. It will cheer you up no end and might even give you a few good ideas!
another in-houser -30 Sep 2009 | 09:27
Regulatory Compliance
Run, don't walk, to your next job interview. I did what you and others have proposed with my department head - the result is now my life is made a living hell by him. I've been with my company for over ten years and with excellent reviews - until this year. Suddenly I'm the "bad apple". If the job climate wasn't so dire, myself and at least two others on my team would have walked by now. They are starting to suffer the same as me with negative performance appraisals although they could run circles around the lump with their knowledge and skills and experience.
Sadly, the lesson here is to keep your head down and your mouth shut and quietly look for another job. Your boss is making more money than you and happy where he is so he's not going anywhere. And he's going to claw your eyes out before he lets you ruin it for him.
And remember, it's the partners/senior management that hired the guy in the first place. So let them suffer the consequences of their poor choice while you and your teammates move on where true talent is hired.
Anon -30 Sep 2009 | 10:00
Corporate Attorney
While I would not presume to tell you what to do, I will say that IF you are thinking of going to anyone in management, I have learned that it is important to be specific. If I make a statement that someone is deadwood without more, then I am likely to be dismissed as being out for that person's position. Also if the GC is over 40, which they usually are, it can be construed as creating a hostile work environment for someone in a protected class. If you have documentation that supports the specifics, then you have an even stronger "case".
Having said that, perhaps the first question to ask is what are you hoping to accomplish? Do you want the GC to contribute more? If so, are there other ways to attempt to reach that goal? Do you want to get rid of the GC? If so, then as others before me have said, proceeding with caution certainly sounds wise.
Yes, looking for another job is an option for you as well - and may very well be the only viable option, especially if it is clear that the GC will not change and that management is not interested in addressing the problem. Good luck!
Janette -30 Sep 2009 | 16:09
I agree with the comment above about becoming a 'bad apple'. In my case, the only option was to leave.
Our GC had been with the company since inception, and while the company had grown, his legal expertise and people management skills were lacking considerably - in that he had none. I was left to deal with a lot of stuff on my own merely because he didn't know what to do. It says a lot when you and the rest of your colleagues are constantly working late night after late night, and your GC has long ago left the building! But then to get regular exasperated emails late at night from your GC on his BlackBerry meant that he was seeing if we were still working.
Unfortunately, the ultimate reporting line was rotten too - length of service was obviously valued more than competence.
Any suggestions or attempts to address the bad morale and to try and raise the profile of the legal team were rebuffed and I was told I had an attitude problem and this affected my appraisal and bonus - my GC, with his lack of people management skills obviously took my opinions personally, rather than constructively.
It is sad that organisations operate like this. However, for keeping your sanity on a day-to-day basis, keep your head down, and definitely look for an escape route out of there. Especially if there is no prospect of the GC going anywhere.
Happy to say, I am now very part of a well respected and contented in-house legal team.
another in-house lawyer -30 Sep 2009 | 16:45
Your focus is on the wrong direction/person. Have your goal and efforts focused on your assigned schedule and your career plan. Don't aimed to be promoted only within the organisation. It's very wrong to be anxious about someone else's plan to stay with the company for the next 20 years. You are the one with the attitude, not your boss. What's to say he won't be dead in 20 hours time? Mind your own career and your business please.
segun ojemuyiwa -05 Oct 2009 | 13:42
Spot on, Segun. My earlier post was a lighthearted way of saying the same thing. If you refocus your attention on what you want out of your career, and in the meantime, he is your boss, so manage him.
another in-houser -07 Oct 2009 | 13:00
Lifer Boss
Please have more sympathy for the poor old chap.
He's done his bit waiting for dead men's shoes and now has his reward.
Your turn will come.
Patience is a virtue...
Old Geezer -09 Oct 2009 | 14:54
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