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INTRODUCTION

The role of a legal counsel is no longer limited to managing the legal risk associated with the
business that they work within. In past years, corporations have relied on third-party law
firms for legal advice as needed. Today’s marketplace creates more substantial demands on
businesses than ever before. Corporations are starting to favour in-house legal departments
instead of contracting with outside lawyers. Corporations are also finding benefits in creating
a job description for the general counsel that makes them an integral part of the senior
executive team. Moreover, competent legal counsels need to partner with the business,
understand its issues and produce viable and tangible solutions. In large companies, legal
experts are appointed and are expected to attend the boardroom meetings regularly.

BACKGROUND OF THE STUDY

As 1999 turned over its digits and became the year 2000, many changes quickly took place
across the globe. With every passing day, we learned more about what technology could do.
Technological advances continued to make headlines when, eight years later, corporate
scandals and financial upset formed a grand-scale economic crisis. Meanwhile, litigiousness
was also becoming the norm. The combination of these issues created the perfect storm
through which to revisit the role of the general counsel in governance. As the number of
employee-lawyers has steadily increased over time, the expectations, needs, demands, and
complexities of representing client-companies “in-house” have also increased. The traditional
approach to and the practice of law leaves significant gaps in the preparedness of lawyers to
join as an employee in the business.

SIGNIFICANCE OF STUDY

The world of business is increasingly complex. In an effort to remain competitive and to


grow, companies face a dizzying array of challenges: employment issues, regulatory
compliance, litigation risks, transactional concerns and relationships, multijurisdictional
interests, intellectual property rights, media relations, and an ever-evolving, rarely satisfied
demand-side consumer. Lawyers add value to their company’s business in a number of ways
– providing a responsive service; delivering technical know-how in a way that has a
transformative impact on the business; providing commercially astute advice; and
contributing to developing the strategic direction of the business within the relative legal
frameworks. The study will explore the role of in-house counsels in large companies and
whether they contribute in the growth of a company.

RESEARCH QUESTIONS

1. What is the role of an in-house counsel/ general counsel in a company?


2. Whether an in-house counsel acts as a catalyst in the growth of the company?
3. Whether the term ‘lawyers are business enablers’ is correct and up to what extent?
4. Whether the job of an in-house counsel is restricted to legal consultancy only or to
take certain other decisions as well?
5. Whether the general counsel is an active participant in the boardroom meeting or
merely a rubber stamp?

RESEARCH OBJECTIVE

1. To identify and understand the role & importance of the in-house general counsel.
2. To examine the real world roles & characteristics of the in-house general counsel.
3. To discuss about the current challenges faced by faced by in-house legal team.
4. To understand the scope of the term “added-value legal advice”.
5. To compare the job of the in-house counsel with a practicing counsel and also to
understand the relationship between the board and the in-house counsel.

RESEARCH METHODOLOGY

The topic of study is theoretical and requires attention as to what is the real work of the in-
house general counsel in large companies. To explore the topic and have a detailed insight of
the matter in hand, secondary method of data collection has been used.

Secondary research or desk research is a research method that involves using already existing
data. Existing data is summarized and collated to increase the overall effectiveness of
research. Secondary research is more cost-effective as it makes use of already existing data.
In this research paper secondary sources that are utilized includes: various publications of
national and international bodies, reports and publications of various concerned authorities
and associations, articles from various scholars along with various behavioural studies of
various reputed companies and firms, public records and statistics, historical documents and
others sources of published information. The research paper shall also utilize sources like
books, magazines and newspaper along with various published reports, articles and
comments by research scholars, universities and economists etc.

The scope of study is nominal and is limited to India, U.S.A. and U.K. and the statistical data
of these countries will be used to analyse and conclude the topic of research. A Quantitative
research technique will be used in this research project. Quantitative Research is defined as a
systematic investigation of phenomena by gathering quantifiable data and performing
statistical, mathematical, or computational techniques.

CHAPTERIZATION

The first chapter deals with the Introduction of the topic, which will provide a basic
understanding regarding the topic.

The second chapter deals with the role and importance of the in-house general counsel in
large companies.

The third chapter deals with the comparative study between the role of in-house general
counsel and a practicing counsel.

The fourth chapter explores the evolving relationship of the in-house general counsel with the
board of the company.

The last chapter deals with conclusions and suggestions. This chapter will summarize the
entire topic of discussion, provide conclusions and necessary suggestions.

REFERENCES

 https://www.boardeffect.com/blog/role-general-counsel-governance/
 https://abovethelaw.com/2014/03/law-firm-meetings-vs-corporate-meetings-meetings-
meeting-and-meetings/
 https://www.robertwalters.com.au/career-advice/legal-articles/the-role-of-a-legal-
counsel.html
 https://www.snapsurveys.com/blog/qualitative-vs-quantitative-research/
 https://www.legallyindia.com/in-house-corporate-counsel
 https://www.researchgate.net/publication/296683893_The_Employee-
Lawyer_A_Candid_Reflection_on_the_True_Roles_and_Responsibilities_of_in-
House_Counsel
 https://blog.proven.com/corporate-in-house-counsel-job-description
 https://www.greatsampleresume.com/job-responsibilities/in-house-counsel-
responsibilities/
 https://www.thehartford.com/business-insurance/strategy/in-house-counsel/in-house-
counsel-duties
 https://content.next.westlaw.com/Document/Ieaf71642641111e38578f7ccc38dcbee/View/
FullText.html?transitionType=Default&contextData=(sc.Default)

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