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Companies opt to hire general counsel at different stages and for various reasons, such as international expansion, IPO planning, or simply addressing overinvestment in outside general counsel. 

If you are commencing a general counsel search, start by clarifying exactly what type of candidate, perspective, and skills you need. Once you’ve set the stage, finding and locking down the right person is a challenge that requires careful handling. 

When to Hire a General Counsel 

Are you at the discussion phase of deciding whether to hire a general counsel (GC)? Some of the signs that your business could benefit from a GC hire are related to growth thresholds and legal complexities: 

• Size – Company scale can help indicate the need for a GC. If your company is experiencing significant growth in terms of employee numbers or revenue, it may be time to consider transitioning from hiring outside counsel to building an internal legal team.¹

• Going public – The lead-up to an IPO involves considerable legal preparation, and once the company is public, it is subject to demanding and time-consuming regulations and disclosure. Consider hiring a GC if an initial public offering is within a few years. 

• International entry or growth – GC hiring may be in order if your medium-term plans include international entry or significant growth or geographic shifts.

• In-house legal development – Are you primarily depending on outside counsel or do you have a limited scattering of in-house legal without strong leadership? A GC hire can lead an organizational move to refine and right-size your internal/external counsel mix, along with building and/or increasing the efficiency and effectiveness of an in-house team. 

Identifying the Qualifications of Top-Tier General Counsel 

Most GC candidates will be able to provide not only legal advice but also strategic guidance, playing an integral role in shaping a company’s decisions beyond compliance, including risk assessment and overall business strategy. Their evolving role has expanded from primarily mitigating legal risks to being a key player in corporate decision-making processes. Your organization’s size, stage, industry, and other features will determine the level of deep expertise you need in each of these areas, and whether you can consider first-time GC candidates.

Once you identify the “why” of hiring a GC at this time, you can establish the skill and strengths mix to target. 

Your list might include: 

• Leadership – What kind of a leader are you looking for? Consider the styles of leadership within your current executive team and department heads and what type of internal and outward-facing visibility the GC will own. 

• Skills & knowledge – From overall business acumen, negotiation skills, or attention to detail—what are your expectations in terms of hands-on ownership vs. oversight of a blend of in-house and outside counsel for the various and potential legal needs of your organization? Is it critical that a new hire hit the ground running with a deep understanding of specific industry or jurisdictional regulations or practices, agencies, or key players? 

• Management qualities – If responsibilities will include direct employee and departmental management, then coaching, mentorship, administration, and multi-tier communication talent may be key. Building from scratch? Look for a GC with experience engaging and developing legal talent and functional teams. 

• Business acumen – Are you looking for a GC who can be an advisor related to long-term business strategy? Consider whether a candidate with entrepreneurial, executive officership, or other business leadership experience may be the best fit. 

Just like any search process, from a new hire to a dream house, separate your list into needs vs. wants and prioritize each subset. Evaluating company needs thoroughly before responding to individual candidates’ personalities and presentations will set you up for clearer decision-making on any rebalancing or compromise later in the process. Don’t forget to incorporate diverse hiring practices that attract top talent.

Advanced Recruitment Strategies

Recruitment isn’t just your way to identify a pool of candidates—it’s also the first impression your next GC will get of your organization. Leverage the right legal recruitment partners to make it a personal touch as early in the process as possible. 

To source and attract top legal talent once you’ve defined the position and skills needed: 

• Leverage professional networks – Engage your leaders in the search process through each of their professional connections and networks.

• Executive search firm – Knowing who is a potential match, where they’re at, and what may motivate them to come on board are all part of what exclusive legal search firms can provide. 

• Communicate your vision – Don’t just focus on duties and compensation. Share your company’s mission, values, and vision from the early stages of recruitment. 

• Connect – Employ a human touch and customization at all stages of correspondence, appointment setting, and meetings. 

Evaluating Potential Candidates 

Many organizations have established processes for general staff recruitment and hiring, but successful hiring of elite leaders requires a few extra steps. Beyond a match to the defined position, consider how each top candidate would fit into the unique community of leaders, working processes, and range of skills and talents at the top level of your business. 

The evaluation framework should assess: 

• Strategic thinking
• Cultural fit
• Technical skills
• Leadership style
• Management qualities 
• Vision 

While you’ll still need a consistent structure to gather and interpret feedback, interviewing processes tailored to high-level legal roles typically require more rounds and quality interactions. Consider: 

• Exposing them to multiple layers of potential leaders, colleagues, and staff levels
• Seeing top candidates in a few different settings, from formal to casual
• Couple or family interactions, as appropriate

The Negotiation Phase

Negotiating with high-profile candidates is about more than dollars—how can joining your team enhance their daily lives, grow their careers, and connect with their values? After working on a traditional offer and package with human resources, consider these practices: 

• Company stakeholding – Underline your interest in a candidate’s role as a core part of the leadership team with equity, profit-sharing, or stock ownership.

• Candid conversations – Simply ask, “what will make you happy?” At the level of GC, candidates should have the self-knowledge to share what mix of ownership, independence, opportunity, and other factors play into motivating and inspiring them. 

Onboarding for Success

Once you’ve secured your new general counsel, plan an onboarding process that stabilizes their role, helps establish relationships, and prepares them for long-term success. 

Rather than dumping them in the deep end on day one, build time into the schedule to settle in, prioritize the onboarding process, and have meaningful conversations rather than collecting quick introductions. Document your plan to include a timeline and responsible party for each area of familiarization and required knowledge. 

• One-on-one time with key leaders and colleagues
• A similar- or higher-level mentor to provide in-depth insight and introductions
• Clear expectation setting and process adjustment with support staff and team members

Execute a Well-Mapped Hiring Plan with the Help of E.P. Dine

There is no simple “wanted ad” approach to hiring a best-fit general counsel. From clarifying your specific needs to securing a leader who will help progress your organization’s vision, it takes careful planning, strategic net-casting, and thorough vetting that become the basis for welcoming and committing a new member to your executive leadership suite. 

When looking for elite lawyers, turn to the preeminent recruitment search partner E.P. Dine. Our innovative strategies, expertise, and deep network allow us to envision, identify, and secure top-quality candidates that fit in seamlessly with your organization’s goals and culture.

E.P. Dine recruitment experts have nearly five decades’ experience filling legal positions at all seniority levels for firms and corporations nationwide. We leverage new technology while keeping our focus on relationship development, from a far-reaching network to each individual candidate and business leader we serve. 

Call us today or submit an inquiry to discuss a tailored recruiting strategy for your general counsel hiring needs.

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Sources: 

1. Forbes. When To Hire In-House Counsel. https://www.forbes.com/sites/forbesbusinesscouncil/2023/08/11/when-to-hire-in-house-counsel/?sh=32f6aa735774‍
2. Salary.com. General Counsel Salary in the United States. https://www.salary.com/research/salary/alternate/general-counsel-salary‍
3. InView. What is the difference between the role of the GC and CLO? https://inview.lawvu.com/blog/what-is-the-difference-between-the-role-of-the-gc-and-clo