Don’t be constrained by a title

Fernando Garcia
The interesting part of writing a column such as this is that I often receive questions or am approached by people seeking advice about their legal career. I am always glad to help, but I also warn them that the advice is only worth as much as I charge them for it, which is nothing.

This is because everyone’s opinion is different and there is rarely a single answer or approach to any issue or question. On several occasions, I have been asked about the importance of titles in conducting or contemplating job changes. More specifically, should someone at a general counsel or chief legal officer level ever leave their role to take on an associate general counsel or senior manager level position?

Whether you are an “only legal officer” or you head up a mid- to large-size legal department in Canada, you may hold diverse titles such as general counsel, vice president legal, chief legal officer, senior legal counsel, director of legal services, etc. How the title is selected often depends on reporting structures and an internal human resources rating of the job’s status.

Nevertheless, there are some important common considerations specific to the incumbent and prospective role that a job seeker should take into account in determining whether the job change is a promotion, lateral move, or a step down in their career, regardless of the title. Generally, a GC or CLO role heads the legal department and also:

• Reports directly to the CEO in Canada and/or, especially in subsidiaries, the role may report into the general counsel in the parent corporation’s main location;

• Is responsible for duties such as overseeing, managing, and identifying the legal issues in all departments and for the company’s operations across numerous departments;

• May be responsible for certain additional corporate compliance or government affairs and may head certain committees associated with compliance-related subject matters such as privacy, health and safety, pension and benefits, ethics, policy compliance, etc.;

• Advises the board of directors and is a member of their company’s executive team.

These are all important elements to be considered in determining the comparability and desirability of any new potential role, regardless of its title, as these elements are what make a position attractive and determine whether the move is a career progression.

Another fundamental consideration is the status of the lawyer within the corporation.

In some companies, as a result of its corporate culture, the in-house counsel and his or her department will not have the role as an equal business partner. In some cases, the legal department is merely a step in the process of approving initiatives, projects, or correspondence but is not given a voice and a seat at the table. Conversely, in other companies, the GC and/or the CLO and/or the legal department are imbedded and an integral part of the business decision making process.

In the latter type of company, legal is not merely a cost centre, but a business partner. Consequently, someone at a GC level within the first type of organization, may be encouraged to take on a role within another type of organization where it is more of a strategic business partner role, even at a “lower” level.

While possibly a lateral or step down on paper, this new role can offer more opportunities for developmental opportunity than remaining where you are. Title should not be a major point of consideration in this case, but the corporate culture and its view of the legal department is important.

Finally, size matters. Often someone at a GC level at a smaller company needs to take a step or two down to move to a larger company with a larger legal department.

In determining whether such a change is a good one in your career progression, I would again suggest you think about what the new role offers to you and your career progression objectives, regardless of title.

There are various pros and cons related to making such a decision. First of all, as a GC in a smaller company or as an CLO, it is likely you will become involved in a broader range of issues and matters. In essence, using a medical analogy, you are the general practitioner. You will be involved in everything that happens at the company, but your opportunities for advancement will be limited and, unless you are a part of the business team, the role may at times be “lonely.” But if this is what you enjoy, it may be best to stay put.

Conversely, moving to a larger company may not only require a step down in title, but it may also require you to become a specialist, managing a specific department within the legal team or becoming a subject matter expert. While there is a greater opportunity to move up, advance, and eventually take on the GC or senior legal role in the future, this move will represent a fundamental change in your role and what you do on a daily basis.

You must be aware of these changes and you must decide where you want to be and what will best get you there.

In conclusion, when thinking about your career and your career objectives, the title you have or the title of any potential job opportunity should not be the determining factor of what you do or whether you stay or go.

Titles change and differ from one company to another. A GC may in some cases be similar to a VP legal or a manager of legal in different organizations. What is critical is that you think about what you want to do on a day-to-day basis, what you want your role and function within the company to be, whether you are the right fit for the company you are at, their view regarding the role of the legal department, and, finally but most importantly, what your long-term career objectives are.

Think long term and where you want to be in five years, regardless of the title.