In House Counsel Responsibilities

In house counsels are legal advisors who advocate the fiduciary, statutory and ethical concerns raised in a corporation. They can also be called as lawyers who are hired by a company to resolve its legal issues in all areas. They must comply with the reporting obligations under ethical duties, Sarbanes- Oxley, basic principles of fiduciary duties and state regulations of professional responsibility as a company's employee. When a organization faces legal concerns, it usually has two options: either to hire an outside lawyer who will represent the company's interests for a particular legal concern or to hire a counsel that will be a part of the corporate staff and will handle any type of legal issues associated with the company. One of the primary in house counsel responsibilities is to deal with all the legal needs of the corporation for which they are employed.

These legal professionals are responsible for simultaneously improving the interest of the corporation and fulfilling ethical and legal duties as well as the expectations of government agencies, shareholders and officers. They may work individually or with a team of attorneys within an organization instead of a law firm. Depending on the type of the industry, they may have to carry out various tasks which may include addressing concerns providing guidance and advice on compliance with anti-discrimination legislation. Some industries often develop legal concerns. For instance, a commercial real estate firm has to draw up contracts or agreements on a regular basis and for this it has to hire an outside law firm or lawyer each time while drawing up the contract. In such a case, a real estate firm can hire an in house counsel who can work as a contract lawyer for drawing up any type of contracts required in business deals.

Role of an In House Attorney

In house counsel affects the entire range of corporate law. Their work field and practice areas involve international trade, antitrust law, tax, government contracts, real estate, corporate securities, privacy, intellectual property, ethics as well as the employment law issues and standard contracts. These professionals serve as trusted counselors in areas that may expand beyond a typical legal role.

Primary Duties

The exact work role of a counsel within a corporation usually varies on the basis of the individual rapport formed between them and corporate officers they are working with, but their primary duties are typical:

• Handle various corporate legal affairs in routine
• Foster corporate ethical motives and set the theme for its ethical acculturation
• Select outside counsel if required and monitor it
• Implement legal responsibilities of the employees and management
• Develop and maintain relationship with external auditors

Legal Duties

• Perform ethical and fiduciary duties complied according to the Sarbanes-Oxley Act
• Counsel in litigations and advise on non legal risks by carrying out cautionary case studies
• Minimize liability exposures by document retention, report wrong doing in corporate offices, represent government authorities, etc.
• Compliance with regulatory agreements and requirements
• Plan for the prospective organization, set up measures to avoid litigation in future and administer the activity of the corporation and its employees
• He or she endeavors to assure that the working strategy of the institute is in compliance with all applicable regulations and defends the legal rights of the organization from abuse by others. After the passage of the Sarbanes-Oxley Act and the evidence of the corporate scandals, these responsibilities are made to be the most significant tasks performed by an in house lawyer. While most of the in house lawyer's work is to prevent litigation, sometimes it is difficult to prevent such a thing.
• Whether it is in avocation of defending the corporation's rights or protecting it from lawsuits, these legal experts must be prepared to look after all the litigation matters.
• Attorneys will team up with the outside law firm counsels for preparing and protecting the company from proceedings. However, they are often involved in all phases of legal proceedings, from discovery procedure through trials or settlement negotiations.

Business Duties

• It is significant for in house counsel to understand the industry and the complexities involved in the business of the company he/she is working with. This will help him/her to serve their clients in the best manner.
• He/she has the indulgence of being able to conceptualize business issues without having ultimate obligations for resolving them.
• The perspicacity enables the attorney to contribute substantive recommendations to implement in resolving complex business queries.
• Their position is unique within the structure of the organization, and it can be utilized to develop strategies for improving the company's business successfully.

Educational Qualification

Bachelor's degree coupled with the corporate counsel certificate is required to become an in house counsel. To obtain this certificate, a candidate needs to qualify the national corporate counsel examination. Generally, employers look for individuals with bachelor's degree coupled with a three years course in law.

Required Qualities

• Excellent writing and research skills
• Potential to work creatively and quickly
• Strong business judgment
• Excellent interpersonal and communications skills
• Incontestable analytical skills
• Value adding attitude and motivation
• Quality training from the legal department of a firm associated with relevant experience and sophisticated practice

These legal professionals assist their corporation in regulating business by ensuring that they follow the anti discrimination law while running the business. Ultimately, it can be said that in house counsel responsibilities focus on providing the required legal insight to the company.