Finding the Right General Counsel for Your College or University

This is an interesting time for higher education. From decreased funding and low enrollment to the disbanding of diversity programs and regulation of free speech, colleges and universities are facing challenges like never before. And, sadly, some institutions are navigating these novel complexities without adequate legal advice and counsel.

Having a resident legal expert is no longer a luxury; it’s essential. If you don’t have a General Counsel, you need one. And even if you have a General Counsel on staff, it may be time to proactively expand your legal team, particularly if succession planning is a concern.

The Role of the General Counsel

A General Counsel provides oversight on all legal matters impacting an organization. For institutions of higher education, these may include issues pertaining to students, faculty, staff, athletics, real estate, contracts, campus safety, healthcare, freedom of expression, and compliance with policies and regulations. Given the breadth of potential issues, it’s important to remember that your General Counsel cannot realistically have subject-matter expertise in every area. Instead, they are often generalists who bring years of diverse experience and a broad range of legal knowledge. These “Jacks of All Trades” are great at anticipating legal risk, identifying potential pitfalls, and facilitating resolution of routine matters. When specialized advice is needed, or an issue requires more time or attention than the General Counsel can realistically devote, they typically enlist the assistance of outside counsel.

Qualities and Qualifications

When hiring your General Counsel, you will want to consider more than just the breadth and depth of their legal experience. As with all attorneys, the successful candidate should:

• Be smart, forward-thinking, intellectually nimble, and a good listener.
• Have demonstrated leadership experience, particularly if they will be leading an in-house legal team.
• Be collaborative with a high level of emotional intelligence given the complexity and sensitivity of the issues they will oversee.

A skilled General Counsel will proactively build and maintain strong relationships throughout the organization. These relationships will add significant value. First, they will help the General Counsel better understand the organization from an operational perspective. This understanding will enable the General Counsel to better anticipate the impact and consequences of their advice and recommendations. But more importantly, building relationships across the organization engenders a level of credibility, familiarity, and partnership. If done right, the community will regard the General Counsel as a strategic partner and trusted advisor whose legal advice moves the organization forward.

Where to Begin Your Search

With the profile of your ideal candidate in mind, you can start your search. If you are looking to replace a departing General Counsel and have an existing legal team, start by looking internally. Review recent performance appraisals and talk to your departing General Counsel about the current members of your legal team. Do you have a Deputy General Counsel who leads the office in the absence of the General Counsel? Is there an experienced attorney on staff who is ready for additional responsibility? Does anyone internally exemplify the “Qualities and Qualifications” addressed above (i.e., diverse legal experience, leadership potential, high EQ)? If so, they may be your answer.

If you don’t have an in-house legal team, or don’t have an internal candidate who is “GC Ready”, your outside counsel could also present a viable option. Do you have an outside attorney who knows your organization well and who provides you with competent and timely legal advice? If so, they may be interested in moving in-house and making you their exclusive institutional client. Even if they are not ultimately interested, they may have recommendations of others within their firm or professional network who could be a fit.

After exploring the two options addressed above, the next step is to launch a recruitment campaign. Work with your Human Resources department to begin the search process and consider forming a search committee. For enhanced expert guidance, you may also benefit from retaining a legal search firm. This partnership will give you access to a qualified, diverse talent pool while maximizing and streamlining your search efforts.

Patience is necessary as you work to identify the right candidate, but time is also of the essence. Whether you’re hiring your first General Counsel, replacing a departing GC, or expanding your legal team, it’s important to fill the role as quickly and efficiently as possible. As explained above, General Counsel mitigate organizational risk and identify potential legal pitfalls. Thus, an extended vacancy or protracted hiring process opens the door to potential threats, costs, and liabilities. Unfortunately, these risks also remain a concern if hiring a candidate with a steep learning curve. Your best bet is to identify candidates who are prepared to hit the ground running and who have potential to be successful in the role long term.

Setting Them Up for Success

Fast forward three months. Congratulations! You’ve identified the ideal candidate in record time, and they’ve accepted your offer of employment. Now, how do you ensure that they thrive in their new role? Well, it starts with your onboarding process.

Onboarding is more than orientation. In fact, a proper onboarding experience sometimes takes up to a year. Effective onboarding is a great way to increase employee confidence, retention, and loyalty. And don’t forget, internal candidates need onboarding, too.

Here are a few ideas to enhance the onboarding process before your General Counsel’s start date:

• Before extending the offer of employment, designate a single point of contact on your Human Resources or Talent Acquisition team to serve as a “one-stop resource” on issues like compensation, benefits, relocation, etc.
• Once the offer is accepted, send a congratulatory “Survival Kit” that includes a campus map, university branded merchandise (e.g., t-shirt, mug, cap, pen), and anything else cute, helpful, or exciting.
• You can also notify them of upcoming campus events (athletic, cultural, etc.) and invite them to attend.

After they arrive on campus:

• Immediately brief them on any pressing or anticipated legal issues and share any information or documents necessary to get them up to speed.
• Attempt to shorten the learning curve. Design a customized orientation and onboarding plan that incorporates all mandatory training requirements and emphasizes organizational culture .
• Encourage your new General Counsel to prepare a 30-60-90 Day Plan that facilitates their transition, fosters professional development, and serves as a catalyst for relationship building.
• Facilitate a listening tour with key stakeholders (Administration, Board, Outside Counsel, Deans, etc.) to ensure the appropriate introductions are made, priorities are clear, and expectations are aligned.
• Sponsor their membership in professional organizations (e.g., National Association of College and University Attorneys) and encourage them to attend relevant continuing legal education seminars.

Even though it’s a challenging time for higher education, a competent and highly motivated attorney can quickly ease the burden. With the right candidate and an effective recruitment and onboarding strategy, your new General Counsel will add value for many years to come.