The Inside Counsel Revolution

Autorentext

Ben W. Heineman,
Jr., was GE’s Senior Vice President–General Counsel from 1987–2003 and then
Senior Vice President for Law and Public Affairs from 2004 until his retirement
at the end of 2005. He is currently Senior Fellow at Harvard Law School’s
Program on the Legal Profession and its Program on Corporate Governance, Senior
Fellow at the Belfer Center for Science and International Affairs at Harvard’s Kennedy
School of Government, and Lecturer in Law at Yale Law School. A Rhodes Scholar,
editor-in-chief of the Yale Law Journal, and law clerk to Supreme Court Justice Potter Stewart, Mr.
Heineman was assistant secretary for planning and evaluation at the U.S.
Department of Health, Education, and Welfare and practiced public interest law and
constitutional law prior to his service at GE. His book, High Performance with High Integrity, was published in June 2008 by the Harvard Business Press. He writes and
lectures frequently on business, law, public policy, and international affairs.
He is also the author of books on British race relations and the American
presidency. 

   

 He is a member of
the American Philosophical Society; a fellow of the American Academy of Arts
and Sciences; a member of the Presidents’ Circle of the National Academies of
Sciences, Engineering, and Medicine; and a former member of the National
Academy of Science’s Committee on Science, Technology, and Law. He is recipient
of The American Lawyer *magazine’s Lifetime Achievement Award, the Lifetime Achievement Award
of *Corporate Counsel *magazine, and the Lifetime Achievement Award of *Board Member *magazine. He was named
one of the Top 50 Innovators in Law in the Past 50 Years by *The American Lawyer, one of America’s 100 most influential lawyers by the National Law Journal, one of the 100 most influential individuals on business ethics by *Ethisphere *magazine, and one
of the 100 most influential people in corporate governance by the National
Association of Corporate Directors. He serves on the boards of Memorial Sloan Kettering
Cancer Center, the Center for Strategic and International Studies, Central European
University, and Transparency International– USA. He is a graduate of Harvard
College (BA–History), Oxford University (B.Litt—Political Sociology), and Yale
Law School (JD).

Klappentext

In the past 25 years, there has been a revolution in the legal profession. General Counsel and other inside lawyers have risen in quality, responsibility, power and status. Once second class citizens in corporations and the legal profession, they have become core members of top corporate management, equaling in importance the Chief Financial Officer and the finance function. Benjamin W. Heineman, Jr. has led that revolution in his nearly 20 years as the top lawyer at GE. In this analytic and prescriptive book, he describes the essence of that transformation and the modern role of inside counsel: the key functions, relationships, issues, problems and dilemmas, and argues for the role of inside counsel as lawyer-statesman, motivated not just by the desire for income but by broader values of integrity and corporate citizenship.

Zusammenfassung

The
Inside Revolution: Resolving the Partner-Guardian Tension, provides a
thoughtful and thought provoking analysis of the role General Counsels, and
lawyers more generally, can and should play in business and society.

In the past 25 years, there has been a revolution in
the legal profession. General Counsel and other inside lawyers have risen in
quality, responsibility, power and status. Once second-class citizens in
corporations and the legal profession, they have become core members of top
corporate management, equaling in importance the Chief Financial Officer and
the finance function. They have dramatically shifted power from law firms to
corporate law departments, assuming strategic direction over legal matters and
exercising far greater control over law firm billing and economics.

Ben W. Heineman, Jr. has led that revolution in his
nearly 20 years as the top lawyer at GE and then in teaching and writing as a
Distinguished Senior Fellow at Harvard Law School’s Program on the Legal
Profession and lecturer at Yale Law School. In this analytic and prescriptive
book, he describes the essence of that transformation and the modern role of
inside counsel: the key functions, relationships, issues, problems and
dilemmas. Moreover, he argues for the role of inside counsel as
lawyer-statesman, motivated not just by the desire for income but by broader
values of integrity and corporate citizenship.

In this analytic and prescriptive book, he describes
the essence of that transformation and the modern role of inside counsel in
helping attain the corporate mission of high performance with high integrity:
the key functions, relationships, issues, problems and dilemmas. He argues for
the role of inside counsel as lawyer-statesman and as a partner of the CEO but
also guardian of the corporation, motivated not just by the desire for income
but by broader values of integrity and corporate citizenship.











*The Inside Counsel Revolution *is a
succinct, concrete yet visionary statement of first principles from a highly
regarded founder of the in-house revolution that fundamentally changed the
legal profession and reframed the lawyer-statesman role in this era to serve
the performance, integrity and risk goals of global capitalism.

Published by the American Bar Association in April 2016. 

Inhalt

Part One: The
General Counsel as Partner and Guardian 1 

   

 Chapter 1 Introduction: The
Inside Counsel Revolution 3 

 a. Transformation 3 

 b. Credit Where Credit Is Due 8 

 c. Causes: A Schematic View 10 

 d. The Prescriptive Perspective
15 

 e. Core Concepts and Key Issues
21 

   

 Chapter 2 The Lawyer-Statesman
Ideal 23 

 a. Overview: Is It Legal? Is It
Right? 23 

 b. Historical Traditions 26 

 c. Outstanding Expert, Wise
Counselor, and Accountable Leader 31 

 d. “Complementary” Competencies:
Beyond the “Core” 41 

 e. Analysis before Recommendation
46 

 f. Analysis before Advocacy 51 

 G. An Important Conscience of the
Corporation 53 

   

 Chapter 3 Partner-Guardian
Realities 55 

 a. The Tension 55 

 b. The Fusion 58 

 c. The Obstacles 63 

 d. The General Counsel’s
Character, Reputation, and Identity 68 

 e. Protecting Other Inside
Counsel 71 

 f. Alliance with Other Staff
Functions 74 

 g. The Board of Directors 75 

 h. The CEO 81 

 i. Dealing Directly with CEO Risk
83 

   

 Chapter 4 The Cultural Imperative
91 

 a. Primacy 91 

 b. The Pressures That Corrupt 95 

 c. Imposing Discipline 108 

 d. Letting Employees Speak—and
Then Listening 115 

 e. An Integrity “Learning
Culture” 121 

 f. Financial Rewards 125 

 g. Assessing Culture 127 

   

 Part Two: Key
Issues 129 

   

 Chapter 5 Compliance and Legal
Hazard: The Essence 131 

 a. Complexity 132 

 b. Regulatory Trends 135 …