Breaking the bottleneck: how General Counsel and Senior Legal Counsel can build a leadership pipeline together.

A perspective from Adrian Moffatt, Executive General Manager, Legal & Corporate at Ausco Modular Group in Australia, on the career gridlock faced by Senior Legal Counsel and how GCs can help unlock leadership pathways.

When Sarah became senior legal counsel at a large multinational company, she envisioned a clear path to the role of General Counsel. Five years later, she found herself in “the GC Waiting Room”, a talented and prepared individual, yet stalled in her career progression. With the current well-respected General Counsel showing no signs of leaving, Sarah faced a difficult choice: continue waiting or seek opportunities elsewhere. 

This scenario plays out in legal departments around the world, creating a bottleneck that threatens both individual careers and organisational stability. Limited advancement opportunities for skilled senior counsel remain one of the most persistent challenges in in-house legal career development. A recent survey by Axiom found that 57% of in-house lawyers believe they must leave their current employer to advance, an insight that helps explain why so many are considering a move. 

But what if senior counsel could take charge, teaming up with the General Counsel to become the future leader that both the department and organisation require? 

The Hidden Challenge of Legal Department Structure 

In-house legal departments generally follow a pyramid structure, with the General Counsel or Chief Legal Officer at the top. While this hierarchy seems efficient, it has a critical design flaw: there is only one position at the summit, a role that ambitious legal professionals intensely desire. 

For senior legal counsel, the GC Waiting Room is more than just a career obstacle – it’s a space where hope and frustration meet. Despite their talent, dedication, and years of hard work, they find themselves waiting without end. This stagnation fosters self-doubt, causing their leadership aspirations to fade over time. 

The most challenging aspect isn’t the work itself, but the uncertainty of whether and when an opportunity will arise, which ultimately impacts motivation and performance. 

A Shared Dilemma with Organisational Consequences 

This bottleneck affects not only senior counsel but also General Counsel, who, as stewards of team motivation and leadership development, encounter challenges when their teams feel stagnant and uncertain about their future. 

The consequences extend beyond individual frustration. A lack of clear progression can lead to disengagement, talent drain, and ultimately weaken the legal function. When a company loses senior legal talent, it forfeits both institutional knowledge and future leadership potential. 

Unlike law firms, where growth often creates new partnership opportunities, in-house legal teams are constrained by the singular nature of the General Counsel role. This creates a challenging paradox: how to build a leadership pipeline within a constrained structure while engaging and motivating talented senior counsel. 

Collaboration, Not Competition: A New Framework 

The GC Waiting Room dilemma doesn’t have to be a zero-sum game. When both parties tackle this challenge together, it becomes a win-win situation. Too often, we perceive the General Counsel as the gatekeeper of opportunity, while senior counsel merely wait their turn. This overlooks a crucial truth: both have a vested interest in resolving this issue. 

As Richard Branson said, “Train people well enough so they can leave, treat them well enough so they don’t want to.” This captures the essence of the ideal General Counsel/senior counsel relationship: mentorship, engagement, and empowerment. 

Ambitious senior counsel must express their aspirations openly, without fear of appearing impatient. General Counsels should welcome these conversations, prioritising development as a genuine, ongoing process, not just a box to check.

Building a Future-Ready Leadership Pipeline: A Practical Approach 

If you’re facing this challenge, you need more than acknowledgment; you need a clear plan.  

Here’s how to transform the GC Waiting Room from a bottleneck into a leadership development opportunity: 

Step 1: Conduct a Skills Gap Analysis 

Begin with a thorough skills gap analysis of your future leaders: 

• Define the General Counsel role requirements: Work together to understand the current General Counsel’s actual responsibilities and the CEO’s expectations for the role.
• Identify essential competencies: Identify the strategic, business, and leadership skills needed in addition to legal expertise. This could include board governance, legal strategy, budgeting, executive presence, and cross-functional influence.
• Benchmark against the market: Review external General Counsel position descriptions or job adverts to identify emerging skill requirements and gaps in your internal analysis.

Next, assess the senior counsel’s current strengths in relation to these requirements, considering technical legal expertise, leadership potential, strategic mindset, and business acumen. 

Often, teams find that the gaps they perceive, mainly regarding technical legal expertise, do not align with what CEOs value most: leadership, business insight, and strategic thinking. This realisation can reshape development priorities. 

While early career professional development often focuses on legal expertise, soft skills become increasingly important as individuals move toward senior roles. Skills like leadership, business acumen, and strategic thinking need greater emphasis as one approaches an executive role. 

Step 2: Develop and Execute a Professional Development Plan 

With gaps identified, create a tailored development plan: 

• Embrace Specialised Further Education to enhance strategic and business acumen and leadership for readiness for an executive-level role:
  • Invest in targeted executive education in leadership, finance, and strategy.
  • Short, focused executive courses can provide as much value as a costly, time-consuming MBA.
• Broaden Legal Function Exposure to deepen understanding of the General Counsel role:
  • Offer senior counsel the opportunity to engage with other legal tasks, like risk management, governance, ESG, or legal budgeting.
  • Allow senior counsel to substitute for the General Counsel at executive meetings when appropriate.
• Enable Cross-Functional Experience to elevate visibility and business understanding:
  • Assign senior counsel to cross-functional projects or temporarily second them to collaborate on strategic initiatives elsewhere in the organisation.
  • Encourage them to attend team meetings with other departments to understand their work and explore ways legal can assist.
• Lead Significant Company-Wide Strategic Initiatives to build leadership capabilities and broaden strategic impact:
  • Assign senior counsel to lead projects outside the legal department, like acquisitions, product launches, or change management initiatives.
• Establish Structured Mentorship or Coaching to provide guidance and fresh perspectives for growth:
  • Pair senior counsel with either an internal or external executive mentor, such as another General Counsel, a different executive, or peer-to-peer mentoring, or provide them with an executive coach.

While the General Counsel’s role is to facilitate and support this development, senior counsel must take ownership of their growth, actively seeking opportunities, embracing challenges outside their comfort zone, and demonstrating readiness for increased responsibility. 

The Mutual Benefits of Proactive Succession Planning 

This collaborative approach creates benefits for everyone: 

• For General Counsel: Ensuring a smooth transition when you eventually move on is a significant achievement. Having capable successors ready to step up means your legacy continues and the department remains stable.
• For Senior Counsel: Gaining clarity about your path forward provides professional focus and reduces frustration. The skills developed make you more valuable for any future leadership role, at your current organisation or elsewhere.
• For the Organisation: A legal department with a strong leadership pipeline is more stable, engaged, and better equipped to handle future challenges, fostering a culture of collaboration and growth.

One of the key factors in developing a leadership pipeline is the courage and confidence of the General Counsel. Not all General Counsel feel at ease preparing their senior counsel to assume their roles, as they fear it might jeopardise their own standing or job security. However, this mindset can be detrimental to both the individual General Counsel and the department. True leadership requires the ability to mentor and elevate others, including preparing them to eventually step into roles such as that of the General Counsel. 

Taking the First Step 

The journey out of the GC Waiting Room begins with a conversation that might initially feel uncomfortable for both parties: 

• For Senior Counsel: Schedule a meeting with your General Counsel to discuss your career aspirations. Focus on how you can provide more value to the organisation while enhancing your leadership skills and preparing for the role.
• For General Counsel: Establish regular opportunities for open discussions on career development. Clearly communicate that you view leadership development as a crucial aspect of your role, rather than a threat. Then, collaborate with other executives to identify growth opportunities and foster cross-functional collaboration for your senior counsel across the organisation.

The Road Forward 

The GC Waiting Room doesn’t have to be a frustrating or stagnant experience. Through proactive communication and a clear development plan, it can transform into a space for growth, leadership development, and organisational success for both senior counsel and General Counsel alike. 

By collaborating on succession planning – executing a skills gap analysis, providing mentorship, pursuing cross-functional experiences, and improving visibility – both senior counsel and General Counsel can ensure their legal department remains robust, engaged, and ready for the future. 

The question isn’t whether your legal department will need new leadership someday; it’s whether you’ll be prepared when that day arrives.