Creative solutions

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Dear Editor,

Your article (Battle strategies) on resolving disputes in the December 2012/January 2013 issue provided useful insights from Ajit Yadav and Ashok Sharma’s experiences. My own view is that it is critical for an in-house counsel to not only understand the business (strategy, goals, financials, etc.) but be creative in arriving at legal solutions which are also commercially acceptable. Clearly, a risk-based approach is key. It is easy to say why something cannot be done but what businesses are really looking for is, if it cannot be done in one way, how you can help to find another way.

In my experience, in-house counsel are more readily accepted by a business when they are able to demonstrate leadership attributes beyond those traditionally associated with lawyers. In-house counsel can demonstrate this by seeking to be part of a company’s management team to which they are providing legal support. Greater participation allows in-house counsel to keep abreast of business activities and provides opportunities to deal with issues at an early stage to prevent further escalation.

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