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{ LEGAL PERFORMANCE }

However, when clients look to us to help interactions. It is not transactional. It is a For example, when asked to opine on
them be compliant from this perspec- state of being. a clause in a contract and you know the
tive, if that’s the extent of the practice As an individual or offcer of the law interpretation being requested may be a
you demonstrate to them, you would for your company, your integrity is key to perverse one (which, even if it gives you
at best be seen as a necessary evil—one guiding the entity as it charts complicat- a short-term win, would likely cause you
that likely is a clever computer code ed business waters. Integrity, then, can be long-term harm in the industry), are you
away from extinction. the internal compass guiding anything able to guide your client to do the right
There are better relationships to be had from how we do procurements to how thing by the counterparty, demonstrat-
with our clients and colleagues than be- we make business decisions. The times ing good faith even if not necessarily re-
ing a necessary evil or, worse, a person or clients and business partners call just to quired? Do you have the rectitude to guide
department to be avoided. Surely we all get a “feel” from you or do a “gut check” them to make the right decision—and
want to be seen more positively than that. before they make a decision are opportu- still come to you for advice in the future?
As in-house counsel, I believe the great- nities to demonstrate it. There is a solid line between integrity and
est value you can provide to your clients Part of your response may arise from being considered as obstructionist, and as
is to be a strategic business partner, and knowledge of compliance requirements, in-house counsel, you must be clear eyed
not simply as a gatekeeper for compliance. yes, but you are not responding from a about where that line is.
But being such a person—a leader position of being able to check the box, However, integrity and compliance
(without necessarily being a manager but rather, from the perspective of what don’t have to be judged qualitatively
with people reporting to you) who oper- the right thing to do is. You consider your along a plane. Both are important. While
ates with integrity (but avoids being seen personal beliefs, and you consider your the requirements of the former may
as obstructionist)—is not easy. It requires entity’s corporate identity, values, code change depending on your title, role, in-
integrity to be successful. of conduct, public image—its ethos, so to dustry, etc., the latter does not. Indeed,
Integrity, alas, is not codifed or writ- speak. It is a situation of “we will do what- at its core, even your approach to com-
ten down anywhere on any checklist you ever it takes to do the right thing” or, if pliance is shaped by your integrity. Strive
could use. One of my favourite diction- mistakes have been made, “we will make for the highest level. ❚
aries defnes integrity as “the quality of things right,” regardless of whether a lower
being honest and having strong moral performance would meet some compli-
principles.” I am not sure what “strong ance checklist. As a partner seen as having Theodore Dela Avle is Senior Legal Counsel at
moral principles” specifcally tells you, integrity, you get to have a say in the strate- Bruce Power, where he strives to bring integrity to
everything he does while still being human. Reach
but I know you recognize it when you gic decisions of your company, which can him at dela.avle@brucepower.com.
see it in others. It is evident in everyday dramatically affect the bottom line.
“ Tere is a solid line between integrity and being

CanaDIan CORPORaTE COunSEL aSSOCIaTIOn | CCCa-aCCjE.ORG ” 9
considered as obstructionist, and as in-house counsel,
you must be clear eyed about where that line is.