The role of in-house counsel within the company is extremely significant, but the person working in this position must get the desired compensation for the job. Often hiring this professional seems to go beyond the financial capability of the company. Under such a circumstance when hiring a full-time general counsel appears to be out of the question, employing the outside general counsel services is the most pertinent option. The following points highlight the things you need to know before hiring this service.
Creating the first impression
When you meet the lawyer of an external general counsel service for the first time, you must get someone who is a good listener. The person must have conducted thorough research on your business and must be ready to exhibit his/her skills in the industry. Apart from this, the individual with whom you are holding the meeting must also ask relevant questions about your business and also listen to the answers. Instead of advertising their know-how, the lawyers need to show interest in the concerns of the clients. Basically, you are trying to look for someone who is ready to face the opposing environments and coordinate with the client to find out the best solutions. Apart from this, you can ask yourself whether you are willing to interact with the person spontaneously.
Working as an independent contractor
The next step is to look for a general counsel lawyer working as an independent contractor, and the individual may depend greatly on the resources of the company and may also set up an office there. Although the attorney is similar to a part-time employee working for the company, the compensation and taxation policies may differ for this legal professional, and they may not get the same benefits as an employee. It may not be easy to hire a competent professional to fulfill the role properly.
Determining the legal issues
The main role of the general counsel services is similar to a legal advisor, so they need to find out the legal issues before they arise. The person must have adequate knowledge and understanding of the laws that apply while dealing with varied situations. In addition to this, they must also have strong skills in research. Companies often face a number of legal issues that are not easy to tackle, and the council must be able to research to identify legal problems with ease. Finally, they should be able to communicate the principles of law to non-legal professionals.
Representing the company
The general counsel attorney you hire serves as the primary person dealing with several legal issues, meaning working closely with the person on matters related to business transaction and litigation. Furthermore, the individual serving this function also plays the role of a legal advisor with the prime responsibility of looking for the legal issues, to provide expert guidance to the employees and executives for complying with the law.
Following the regulations
A majority of businesses are subject to regulations, and for companies dealing with explosives and harmful chemicals, selling securities, money lending work, and consumer or financial information, regulatory compliance is the key. It is the duty of the general counsel services in India to make these companies aware of mandatory compliance.
Employment laws and privacy policies
A company with a reasonable number of employees must follow the employment laws related to the hazards taking place in the office, the discriminatory practices and the disclosure of rights when hiring the employees, compensating them, and offering pink slips. The businesses dealing with client information related to the finances must comply with the privacy laws. For the general counsel litigation service, it is necessary to check these facts entirely to safeguard the company from facing major legal blockades.
Intellectual property and advertising
The companies advertising their services and products need to follow the legal restrictions and stay within the purview of the law. Similarly, it is essential for the companies to make the intellectual property rights secure for which they must resort to proper maintenance. The role of the legal professional is to ensure that the company follows every aspect of the law.
Work to do
While hiring the general counsel service from outside, try to find out whether the attorney can review the discovery and the electronic document and carry out the work related to legal transcription along with claims and collection services. In addition to this, the professional must also have the skills necessary to find out the legal standards by searching the case law in the legal repositories.
Know the billing system
Before hiring the service provider, you have to look into the billing system of the company carefully as you need to determine whether you are good enough to pay for the service. While you can communicate with the firms regarding this issue, it is important to talk to the past clients of the company to ensure that the billing system aligns with your capacity.
Whether you hire a contractor who works independently or from a firm, it is extremely important to tell the individual about the role you expect them to play. While the main role of this individual is of a legal advisor, they must have the ability to guide the employees as far as legal compliance is concerned. Furthermore, there is no reason to go for a compromise when you need to get someone who has the skills to deliver the work properly. Right from having an understanding of the legal matters to knowledge about the company, hiring the legal representative from outside must serve your needs.