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CCCA_V6No3_InsideEdge-FIN_CCCA_V6No2_InsideEdge.qxd 9/19/12 11:06 AM Page 54 Inside Edge Time for the lawyer-statesman to fill leadership void By Robert Patzelt Q.C. man role as “not just dealing with past “ in common: it was the willingness to just playing defence, but playing offence; problems, but charting future courses; not All of the great leaders have one characteristic not just providing legal advice, broadly confront unequivocally the major anxiety of defined, but being part of the business team and offering business advice. It their people in their time. This, and not much means being both a partner to business ” It’s time for us — instead of reacting else, is the essence of leadership. leadership but ultimately the guardian of the company.” — to get out in front of this crisis of lead- These words from John Kenneth counsel and inside lawyers, “the essence of and fulfilling these roles, which we must do Galbraith, the noted Canadian-born being a lawyer-statesman is to move ership. It is a challenge, and we are not per- economist, ring true today. beyond the first question — ‘is it legal?’ fect, but in doing our best, we have the I believe there is a crisis in leadership — to the ultimate question — ‘is it right?’ opportunity to show all our stakeholders throughout many organizations globally. Such a role involves leadership, or shared our value as leaders. And where there is not a crisis in leader- responsibility, not just for the corpora- As Heineman says, “the lawyer-states- ship, there is still the public perception tion's legal matters, but for its position on man involves wise counseling and leader- that there may be. Consider the Occupy ethics, reputation, public policy, commu- ship roles which stem from practical wis- Movement or the myriad public opinion nications, corporate citizenship, country dom, not just technical mastery; which polls showing the general public mistrust and geopolitical trends.” requires broad judgement based on knowl- of politicians and heads of corporations, I agree with Heineman. If indeed the edge of history, culture, human nature and or letters to the editor decrying the lack level of trust has waned, in the perception, if institutions, not just a tactical sense; which of ethics in today's business world. not the actuality, then the question to con- flows from the ability to understand long- There is also, I believe, a thirst for lead- sider is this: where is the moral compass? I term implications, not just achieve short- ership, a recalibration of what the people would answer that, in part, the moral com- term advantage; and which is founded on a desire and want from the organizations in pass is in the hands of in-house counsel. deep concern for the public interest, not which they work, from the corporations Those of us in leadership positions and just the private good.” that provide them with products and those of us who advise leaders have a Finally, one more perspective on lead- services, and from the governments that great opportunity to build and re-estab- ership. “Management is doing things serve them. lish that trust. This comes back to some right; leadership is doing the right things,” We need a return to the foundations fundamentals on which we were all says author and business executive Peter that make organizations stand up for what schooled: having a clear vision, plans for F. Drucker. is right. execution, together with the backbone I would also add, “and doing the right “The general counsel as lawyer statesman,” and the will to make things happen. thing for the right reasons.” a blue paper written by Ben W. Heineman This is all coming at a time where we Jr. for a Harvard Law School Program on must deal with increased regulation, be Robert Patzelt Q.C. is vice-president, risk the Legal Profession, looks at the role of seen as the ethical gatekeeper and a whis- management and general counsel at Scotia the general counsel as leader. tle-blower. Investments Ltd., in Halifax. He is a former Heineman writes of the role of general Heineman speaks of the lawyer-states- chair of CCCA. 54 CCCA Canadian Corporate Counsel Association FALL 2012