What makes a great APAC General Counsel?

Paul Venus, Partner at Piper Alderman, explores the qualities that define successful APAC General Counsel, from legal expertise to cultural agility and principled leadership.

Recently I caught up with the APAC General Counsel of a client and discussed with her some of the challenges of her role. What impressed me was the sophistication that she demonstrated in her approach to the trusted advice that she delivered to her company. It caused me to consider why her approach was impactful.

The challenges facing GCs

The starting point is to understand that the job of a General Counsel (GC) is not easy.

GCs are often called upon to advise in short time frames, have their budgets restricted but at the same time are required to give critical business and legal advice. Pressure can be applied to find solutions and say “Yes” to what their commercial colleagues want, even when a different response is appropriate. As an in-house lawyer, GCs provide advice independently, honestly, and fairly and must be confident in what is right and what is wrong.

The ethical priorities are the same as any other lawyer. Ethical Rules in most jurisdictions provide that a lawyer’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty. Those rules also provide that a lawyer must also avoid any compromise in their integrity and professional independence. And, as such, a GC must always remember that their first duty is to the court and to uphold the law and then next to their client. Knowing who the “client” is therefore becomes very important. A GC must always remember that their first loyalty as an employee [as distinct from your overriding duties as a lawyer] is to their employer if they are a company, not their immediate manager or a company director.

Key learnings

Achieving strong results and meeting the challenges that a GC faces requires the development of a unique skill set. The following observations are based on my interactions with some of the best APAC GCs that I have worked with.

A good GC needs to be highly adaptable and skilled in navigating the unique and complex regulatory, cultural, and business landscapes across Asia-Pacific. A strong GC understands how local laws and regulations vary and is able to advise on compliance across multiple jurisdictions. Cultural sensitivity is a key skill and requires awareness of language nuances, negotiation styles, and cultural expectations.

A GC must align legal strategy with the company’s broader business goals in APAC. This means not only managing risks but actively contributing to the business strategy, such as helping the company navigate market entry, expansion, or partnerships within the region. As a GC, a large part of the role will be helping the GC’s employer company manage risks. If there is not a clear line of authority for authorising transactions, then a GC needs to step in and help the company create systems and processes to manage authorisations.

A successful GC needs to be experienced in complex cross-border legal issues, such as data privacy laws, antitrust regulations, and intellectual property protection. Leading a legal team across diverse APAC regions requires excellent communication skills, cultural awareness, and leadership abilities.

A GC must be able to inspire, manage, and develop talent in different countries and integrate them into a cohesive team.

Ultimately, a GC wants to make sure that colleagues continue to want the GC in conversations, seek advice and not see the GC as the “roadblock”.

Accordingly, foster strong relationships with key stakeholders by being approachable and understanding their business needs. When they trust a GC, they’re more likely to respect the GC’s advice.

But how does GC achieves that? Well, it takes effort and a principled approach to work life dealings. It requires consistency and long-term commitment and the desire to reciprocate with others.

David Maister, the famous professional management consultant, wrote this about being trusted:

“People will trust you, be they client, colleague or employee, to the extent that they know what your principles (or deeply held values) are, and to the extent that they know you can be relied on to act in accordance with your principles. If people don’t know what your values are, or worse, suspect that you have none beyond your own short-term self-interest, they will not trust you with their business, their loyalty or their cooperation.”

“Cultural sensitivity is a key skill and requires awareness of language nuances, negotiation styles and cultural expectations.”

Communication skills are key to success of a GC in an organisation.  The key to communication is active listening. A GC will need to deal with the people who raise issues that may put them under pressure. Often the best way to do this is to listen attentively and actively to what they are saying – repeating the request to them. This will help clear up any ambiguity in what they have said and help them to see that the GC fully understands the request being made of them. At that stage, the GC can then correct the person making the request by properly advising them based on the briefing they have given. People will often react better to a GC’s advice when shown that the GC’s response is considered and thought-through rather than a quick dismissal of the request.

Ensure that responses are given to people in a constructive manner. Instead of a flat “no,” explain the reasoning and offer alternative solutions or ways to mitigate risks.

For example consider using language like:

“I can’t approve this as is, but if we make these changes, we can move forward.”

“Here’s how we can make this work whilst mitigating risk.”

“I see the business need – let’s structure it in a way that protects the company.”

Educate stakeholders by regularly communicating the legal standards, regulations, and potential risks to your business partners. This helps them understand the rationale behind advice.

When faced with high-stakes issues, a good GC stands their ground, even if it’s uncomfortable. They remain calm, confident, and assertive in their communication. People respond to logic and evidence. So, GCs that thrive in a company do their best to support their position with data, past experiences, or precedents. This can make advice more compelling. GCs are an important part of the company and sometimes need to use that power and influence.

The GC should proactively identify and mitigate risks, especially in areas like regulatory compliance, data privacy, and labour laws, where the APAC landscape is evolving quickly. They must also be prepared for rapid response to situations such as regulatory inquiries which can affect business operations.

Beyond pure legal expertise, an APAC GC should have a sound understanding of business, finance, and industry trends in the region. This helps them provide practical, commercially viable legal advice that aligns with the company’s strategic interests. They need to be a networker- the ability to connect with local regulators, business leaders, and law firms can greatly enhance effectiveness. APAC has regions where ethical standards may vary. A GC must set and enforce high standards of integrity and promote a culture of compliance and ethical behaviour.

Some concluding remarks

By being a strategic partner and a strong communicator, GCs can navigate challenges effectively.

GCs can also make sure that they protect themselves and make the place they work more enjoyable and the work that they do more rewarding.

We all spend a large part of our lives at work – so it is worthwhile considering some of the strategies that have been explained to help you in your journey.

About the author:

Paul Venus is a highly experienced lawyer specialising in commercial litigation, dispute resolution and commercial law, across Australia.

With over 29 years of experience, he has acted in all levels of the Australian Court system, including the High Court of Australia, Federal Court of Australia, Supreme Courts of Queensland and New South Wales, District Courts, and Magistrates Courts.

His expertise spans practice areas which are characterised by high levels of regulation. Those include Competition and Consumer law, Intellectual Property Protection, Privacy, Franchising, Technology, Defamation law, Insolvency litigation, and Banking litigation. He is also an experienced franchising and commercial mediator, who is familiar with the Mandatory Codes of Conduct prescribed by the Competition & Consumer Act.

As a trusted adviser, Paul is known for his responsiveness to client needs, clarity and commerciality of advice, and strong advocacy. Clients, ranging from multinational corporations to SMEs to high-net-worth individuals, rely on Paul for counsel. They turn to him when making difficult decisions, requiring help in stressful situations, or seeking to navigate legal complexities to achieve high value outcomes for their business. His approach to providing practical context to legal problems and achieving exceptional outcomes for clients has earned him high praise from his clients.

Paul also has substantial experience in contract disputes, negligence cases, corporate law disputes, and shareholder disputes.

In addition to his litigation expertise, Paul brings a wealth of knowledge in commercial and corporate law. Real world industry knowledge has been gained by Paul from non-executive director roles in the Electricity and Health sectors. Paul has also gained experience in not-for profit organisations as a non-executive director in a research foundation and a charitable trust.

Paul’s expertise as a commercial lawyer, and excellent drafting skills enable him to provide strategic commercial advice and negotiate a wide range of agreements for clients. He has substantial knowledge advising clients on directors’ duties and responsibilities, conflicts management, continuous disclosure, board decisions, responses to regulator notices and investigations.

Paul holds a Bachelor of Laws and Bachelor of Commerce from the University of Queensland, a Masters of Laws from Queensland University of Technology, and a Certificate of Arbitration and Mediation from the University of Adelaide. He is admitted as a legal practitioner in the High Court of Australia, Supreme Court of Queensland, Supreme Court of New South Wales, Supreme Court of South Australia, and Supreme Court of the Northern Territory. For more details, please click here.

Email: pvenus@piperalderman.com.au

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