So you've completed got your law degree – but there's more to building a successful career than technical knowledge, as Dominic Bacon reports

Technical legal knowledge is the bedrock on which your career as a lawyer is built. Without technical knowledge, you are unlikely to achieve anything sustainable in the law. Indeed, without technical knowledge, you lose your raison d'etre, the foundations on which to built a career. 

However, this article is not going to focus on the technical aspects of law. It will, instead, focus on one non-technical aspect of law. An aspect that you won't see being taught at law school (or even in the early years in private practice if truth be known), but which you will need if you want to build a career in the law and especially a career in-house: how can you become a trusted adviser? 

You need to start by analysing what being a trusted adviser means to you and to the CEO (or that other person you deem important or influential). Then you must start to behave in the way that will – not automatically, but at least with a degree of certainty – lead to you being treated by them as such.

Knowing the basics

So, let's begin with what does it mean? To me, it means, in the first instance, that the CEO trusts your legal knowledge and while he/she may question you about it, they never doubt it – or you. But don't forget that you also need the CEO's direct reports to trust it too because you don't want them expressing doubts about you or your knowledge to the CEO or to anyone else.

Assuming this technical knowledge is in place, the second thing it means is that the CEO believes that you can place that knowledge (and associated advice) in the correct setting. 

But it is not just that. He/she must also think that you are able to understand how it impacts, positively and negatively, on their objectives and the objectives of the rest of the senior team. 

Linked to this – although I believe it should be thought of as a separate issue – is that the CEO must know that you know when to say 'no'. There will be times when even the most trusted of trusted advisers must make the hard call and say 'no' even though the CEO doesn't want (or maybe appear to not want) you to say it. 

But while it may appear counter-intuitive to see a no as a positive, most successful CEOs did not get to where they are by surrounding themselves with yes men. This is often something that tends to get forgotten about in our desire to be respected and is, actually, one of the most important aspects of becoming trusted.

Thirdly, it means that you become someone the CEO can rely upon not just with regard to legal knowledge and advice, but also with regard to non-legal issues/questions.

Good behaviour

How should you behave as a trusted adviser? In terms of legal knowledge, there is very little to say: you have to have it and if you don't, chose another career. And by the way, don't forget to give the advice. Just referring to the options/risks is not giving advice. You are not a law firm, you are an employee.

Being able to place your knowledge and advice in the right setting requires you to understand the setting, namely the business. And this understanding cannot be superficial: it must be in detail.

But to do that properly, you must also understand the context of why you've been asked to advise and what answer you are expected to give. That doesn't mean you have to give the answer the CEO wants, but you do have to be aware of what it is they want and why. You need to work out if you can give the CEO what they want and if not, you need to explain why you can't.

The next behavioural piece is understanding how your advice impacts on everyone's objectives. This is harder than it sounds because not only may one individual's stated/written objectives conflict with that of another's, but you must be aware of their unstated/hidden objectives. 

You must, at the same time, be wary of being seen as too commercial or of losing your independence – the latter being a charge that is often levelled at trusted advisers. 

It is very easy to try to get close to the CEO by helping them meet their objectives. But you must not lose sight of the reason that you are there – ie, that you are the individual who has the technical legal knowledge. Remember that there is a vast difference between ensuring you understand the commercial implications of your advice and being the commercial director. Again, this links into knowing when to say no. 

However, it is not only the ability to say no, but how you say no. Therefore, if you do find yourself in that situation, firstly make sure you have a complete grasp of the facts (and, of course, the law) because the CEO will try to find a hole in your reasoning. 

You must also be able to justify it as, in the majority of cases, it will be because you have a view or an interpretation of the facts, not because what is being proposed is illegal.

In addition, you must be willing to change your mind if, for example, new facts arise or you have misunderstood a salient part of the business proposal. This is a really important aspect of being a trusted adviser and is often overlooked, largely because it is very hard for lawyers to accept that they may be wrong. 

For a CEO, however, to see that a GC is not entrenched in their views can be very illuminating: after all, it shows a human side that everyone says lawyers don't have. At the same time, though, you must be wary of changing your mind just because you are being questioned.

Building rapport

Next, when talking about being someone the CEO can rely upon both with regard to legal issues and non-legal issues, it is important that you park your ego and, to an extent, your view of your intellect at the CEO's office door. 

The CEO is not expecting you, no matter how much you want to, to have all the answers to all of the questions (or issues or risks) affecting the company: that is the CEO's role. What they are most frequently looking for is a sounding board – so don't be surprised if you don't have to speak. But if you do, don't be afraid to ask simple questions.

You also need to be aware of the simple things, such as:

• When you give your advice, especially when it is in writing, use words that your audience will readily understand; 

• Make sure that you are contactable outside office hours or when out of the office; 

• Be seen to be a team player, which includes things such as being helpful especially in situations that aren't your province (including doing some photocopying or arranging a courier); and 

• Don't be arrogant, whether that is with your peers or the most junior member of staff. 

It is amazing how these small things can create a warm fuzzy feeling in people, and how you forget about them once you reach a certain seniority. You have probably used and relied upon most of these behaviours at various time in your personal life.

But understanding how they can assist you in your professional life is something that people tend to forget because they are focusing on being technically excellent. 

Efficiency drive

Two other issues that you, as a lawyer, must be aware of, and which are important if you desire to be a trusted adviser, are, firstly, how efficient are you seen to be, and, secondly, how focused are you on your budget.

Lawyers tend to be seen as inefficient. Perhaps it is that, on a regular basis, we are often one of the last to leave the office. Or perhaps it is because we don't manage deadlines very well. Whatever the reason, you need to be aware of how you are perceived and address it. 

Secondly, you have to control, and accept accountability for, your budget. And as the largest part of that is frequently external legal spend, you have to keep on top of that spend. Staying within your budget and not having to go cap in hand to the CFO or CEO for more money (especially when it is not for you) is one very important aspect of garnering trust.

No one questions whether the CFO should be a trusted adviser, so why question whether a GC should be one too? Indeed, most CFOs go out of their way to ensure that the accounting treatment that they propose is commercially acceptable/beneficial, to be aware of each department's objectives (and appear sympathetic – even when saying no) and are always very keen to comment on every aspect of the company's business. 

Why shouldn't we as GCs want the same? We should. We just need to behave in a way that justifies putting us on that level rather than believing that it is our (intellectual) right.

If you look at the various websites for LPC providers you'll see comments such as: "The LPC… is business-focused to reflect the demand by the profession for commercially-aware trainees" or "Our LPC… is designed to ensure that you are fully prepared to meet the demands of the modern legal profession."

Unfortunately, this is not totally true. Now, that is not because the various LPC providers (or law firms) aren't giving their students/lawyers tools to help them prepare for "the demands of the modern legal profession". It is more because you need much more than they can give you. And their focus is, as it should be, on the technical side. 

Anyway, the only real way to become a trusted adviser is by experience.

Dominic Bacon is managing director at Squaring the Circle, and former GC and group head of compliance at WorldSpreads Group.