The general counsel leads the legal department, advises the board and executives, manages outside counsel and legal spend, and oversees compliance. The role frequently includes corporate secretary and risk functions.
Reporting typically runs to the chief executive and board.
Alternative Names:
Chief Legal Officer, GC
Why it Matters?
The general counsel's dual role as legal advisor and executive creates the recurring privilege problem, since communications in the executive capacity are business rather than legal advice. Board-level communications raise the same question, and materials prepared for board consideration may not be privileged merely because the general counsel prepared them. Documenting the legal advisory purpose contemporaneously is what supports the assertion later.
Frequently Confused with
Related terms
Frequently asked questions
What privilege problem does the role create?
What supports a later privilege assertion?
