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Q Enumerate the legal risk and complication that may occur and possible safe guard against each

risk in managerial communication?

1. Conduct a Legal Audit

To be effective, legal risk management must be based on a thorough understanding of the


business key activities, stakeholders and objectives and this can only be achieved by conducting regular
legal audits and working with the business management team to analyze the risks, priorities their
management and anticipate the legal requirements of the business.
The audit will also facilitate the management of the corporate memory, essential for future due diligence
exercises and the storage of key corporate data and documents, and it can lay the foundations for an
ongoing compliance and risk management strategy.

2. Communicate, Educate, Co-operate


In-house counsel cannot manage legal risk single-handedly. Its imperative that the legal risks
are communicated to the wider business to ensure they are supported and, vice versa, that the wider
business objectives and demands are facilitated in the legal risk management strategy.
One way to achieve that communication is through legal risk awareness training sessions tailored to the
audience within the business which is either most exposed to or best placed to handle the risk being
communicated. Training sessions are a perfect opportunity for in-house counsel to demonstrate that they
are working with the business (not against it), and are also a good pre-cursor to introducing new business
guidelines to assist colleagues with the practical day-to-day management of the legal risks which have
been identified.
Although some legal risks are stand-alone, dont forget that many legal risks dovetail with financial,
reputational, operational, political, regulatory and tax risks; so, legal risk management is just one part of a
more broad risk management strategy within a business. Its a challenge for those new to the role of inhouse counsel to balance their risk-averse nature against both these other risks and the essential quality
of risk-acceptance in any successful entrepreneurial business; but, once mastered, this skill will make the
commercially aware in-house lawyer stand out in the crowd from those lawyers sitting in their ivory
towers.

3. Compliance and Governance Policies


Governance is the oversight role and the process by which companies manage and mitigate business
risks enables an organization to evaluate all relevant business and regulatory risks and controls and monitor
mitigation actions in a structured manner. Compliance ensures that an organization has the processes and internal
controls to meet the requirements imposed by governmental bodies, regulators, industry mandates or internal
policies.

Underpinning any legal risk management strategy is the requirement for a comprehensive set of
compliance and governance policies. Policy making is a key tool which in-house counsel has within their
remit to positively influence the way in which business is conducted and to set the standard for expected
behavior. It is essential that all such policies have the buy-in and support of the management team, and
that the legal department has a defined role in implementing and ensuring compliance with the policies.

4. Operations
The daily operations of a business always prove to be the most fertile ground for legal input. An
abundance of legal consequences can be found in supply, manufacturing and distribution chains,
protection of intellectual property rights, brand protection (online and offline), pending and threatened
litigation, product liability, sales and marketing practice, insurance, property matters, employment and HR
practice, industry regulation as well as company secretarial, board and shareholder matters.
Good working relationships with colleagues operating in each of these areas are essential for in-house
counsel to play an effective and valued role within the business; the challenge is for the lawyer to be seen
as part of the team, and not as an obstacle, to achieving operational outputs and objectives.

5. Legal Resource
The individual character of each business will determine its exposure to legal risk and the
management tools required to best handle that risk. Inherent to that is the balance of matching and
managing internal and external legal resource, and indeed other professional suppliers to the business.
The tough economic conditions are resulting in more businesses expecting their legal teams to reduce
head-count and manage costs more tightly, but arguably against a back-drop of increased legal risk. A
core skill of the in-house lawyer in todays world is their ability to manage the risks in this more intense
climate by better clarifying the role of the legal function within the business, demonstrating value-add and
selecting, managing and getting the most out of their internal and external legal resource.
Every business will have legal risks peculiar to it, but taking the above steps will help manage the risks
which are core to most. Please comment and share your experiences of legal risk management

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