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a lot of time to explain to others.” However, their knowledge But if it’s isolated to a person or a business unit, Ripley says
might not always be current. Nonetheless, he says, “they can you need to be cautious and stay on top of them. Be prepared to
ask some really great questions” and make you “rethink” your escalate matters up the chain of command. “You have to make
strategy. sure that senior management completely understands the risk.”
Know-it-alls are often very “black and white,” adds Ripley.
So be blunt and to the point, she says, noting that you may have
to tell them their actions will lead them to the “crowbar hotel.” 6. The Yeller
Also, be prepared to take things to higher levels, including the The yeller is boorish and treats people badly.
know-it-all’s boss. It won’t win you a friend, but it will keep Lendon says sometimes the person is simply
your job as a risk mitigator intact. frustrated and you may need to probe to fnd out
the source. “It may be a case a member of your
team is not performing and you are not aware,”
3. The Flip-Flopper she says. It might also be related to a communi-
The fip-fopper tells you one thing but often means cations breakdown. The yeller needs to be persuaded that “if
something else. That or they are quick to change they have a problem, you are not going to make it worse; you
direction when they sense their superiors don't like are going to make it better,” she adds.
how things are progressing. If the problem is habitual, in-house counsel say be prepared
to call the person out on his or her conduct, or seek out HR’s
The fip-fopper can leave in-house counsel hang- help. Lendon recalls one encounter with a yeller involving a
ing out to dry, notes heAdon, but often it’s not staff member. “In a calm and frm way,” Lendon told the per-
intentional. “Sometimes the client can read the tea son such conduct was not condoned in the workplace, which
leaves and realize the plan is not going to fy with “diffused” the situation. Eventually the yeller was terminated,
everyone else in the room and shift to plan B, while suggesting that yellers often have short shelf lives depending on
the lawyer continues to defend plan A.” the culture of an organization.

His advice is be prepared to pivot and be more fexible when
dealing with the fip-fopper. As well, probe deeply to under- 7. The Blamer
stand what they truly want, making sure you gather as much The blamer is the frst person to throw every-
information as possible. Be prepared to develop alternatives. one else under the bus for their bad decisions.
Kelterborn says they are the most frustrat-
ing challenge he comes across. Blaming each
4. The Free Spirit other adds no value to the organization when
Your department may produce the best legal a problem arises, he notes. “It doesn’t matter
memos but chances are the free spirit doesn’t who created it.”
read them. Free spirits have lots of ideas and If you sense you are dealing with a blamer, the best thing you
energy but don’t always complete their tasks. can do is document everything and follow up with confrma-
They need to be harnessed and reigned in. You have to help tory emails, Kelterborn advises.
them focus.
Headon says that his team “no longer issues opinion let-
ters,” noting that clients “don’t need them” and often don’t read 8. The Scene-Stealer or Boaster
them. Rather, the memo goes into the fle folder and the team The scene-stealer claims credit for every suc-
turns to PowerPoint for presenting their fndings. That requires cess at the expense of others. Andersen’s advice
a “conversation” and “in-person engagement where you can get is simple: “Go about doing your job” and don’t
feedback from the client and see the body language.” worry about them. His experience is that “se-
nior leaders and management at corporations see
right through that” and boasters are eventually weeded out.
5. The Fast-Tracker Kelterborn says regardless of a client’s foibles, in-house
The fast-tracker is looking to get to the top through counsel’s role is to manage and mitigate risk; you have to keep
whatever means necessary, including walking the focused on that. Remember, he says, “there is no such thing as
fne line and pushing the legal envelope. They can a risk-less transaction and if you have a legal department that
border on being a rogue client, which, depending insists on trying to reduce risk to zero, you will grind business
on your corporate culture, can be particularly problematic. If to a halt.” And in that case, no client is served. ❚
the culture is also rogue, then Lendon advises you to get out. “In
a rogue culture, you can’t infuence [management] as a lawyer.
Vote with your feet and opt out. It creates a lot of stress.” Jim Middlemiss is a writer based in London, Ontario.

16 CCCA MAGAzine | SPRinG 2018 PRinTeMPS