Introducing Jil Toovey Influencing to make an organisational impace

1. Introducing Jil Toovey Influencing to make an organisational impace

2. Influencing to have an organisational impact CLANZ National Conference, May 16 2008 Presented by: Jil Toovey,Director, The Institute of Knowledge Development, IKD

3. The ideal lawyer? The one you never see or hear from, the one who always says YES. The one who is willing to learn from me and prepared to say they don’t know. The one who provides options with associated levels of risk that reflect a good understanding of the business drivers and longer term strategy. The one who takes to time to deeply understand the commercial gain. The one who doesn't get their jollies from identifying a breach!

4. The challenge In truth, you face a difficult balancing act. You are independent officers of the court on the one hand, commercially-focused advisers on the other. Traditional legal training emphasises the former, but it is through the latter that you become a valued commercial contributor to the business. It is through the latter that you make an impact. 

5. What impact do you want to have? • to be listened to, trusted, respected and acknowledged • to change the way your clients behave and think about the value of legal advice • to impact the strategic direction of the organisation • to influence the way the organisation operates • to impact the core business (products or services) • to be needed, wanted and valued • other?

6. What are you up against?

7. What gets in the way? • Digging in • Spinning wheels • A road block • Closed doors • Brick walls

11. What positions do your clients take?

12. Client groups 1) The Board 2) The CEO 3) Snr Mgr Team 4) Line managers 5) Employees 6) Regulators 7) Contractors 8) Customers 9) Suppliers 10) Other?

13. Legal, risk and compliance issues, hmmm • I think the lawyers exaggerate the risks. • When does the legal team need to worry about the real business or organisational challenges? • My lawyer takes care of the risk issues for me, I don’t need to understand any of it. • I am far too busy working with the real issues, the business issues. • I try and avoid any interaction with the lawyers, they are just a handbrake to happiness!

14. What do you want me to do? • I do worry about the legal issues but there is no time! • I have so much on my plate and this isn't the most urgent or important issue. • Just tell me what I have to do and I will do it. • That lawyer is pretty passionate about this, she wouldn’t let us take any risks. • Nothing has gone wrong so far so I’m pretty sure we are ok.

15. Managing risk is a key part of our business strategy • Risk management and compliance is a key priority for us. We must protect our reputation. • I look for ways to manage risk intelligently and creatively. • Compliance and risk management is assumed in my area. • Managing the legal dimensions of our organisation's issues will provide us with a competitive advantage. • We do this because it is the right thing to do.

16. From compliance to ethics Ethics  Corporate Governance  Risk Management  Compliance

17. What do you want to achieve? • Internalization – impacts a person’s values & beliefs • Identification – impact’s a person’s understanding • Compliance – actual or overt behaviors

18. Power & Influence Power is a latent resource which must be unleashed by other processes. The key unleashing process is influence, which uses interpersonal & social skills to make others voluntarily change their attitudes. Mary Bragg Reinventing influence : how to get things done in a world without authority. Pitman Publishing, 1996

19. Sources of power • Resources • Information • Expertise • Connections • Coercion • Positional • Personal power Mary Bragg Reinventing influence : how to get things done in a world without authority. Pitman Publishing, 1996

20. Resources • Money • People • Time • Energy

21. Information • Front of mind issues for Snr Management team • Cross cultural information • Information re informal leaders • Personality information re key decision makers • Competitor information • Internal info re strategy • Sector info re industry and general sector issues

22. Expertise • Legal expertise • Regulatory expertise – current and impending • Relationships and connections with external experts (legal and other) • Business or organisational expertise (corporate memory)

23. Connections • Who do you know? How close is your relationship? • Who knows you?

24. Coercion • Authority levels (sign-off) • Stop work, say no/yes, draw rank options

25. Positional • What is your title? • Where is your office? • Car park status? • Lunches? • Access to decision makers?

26. Personal • Are you liked and respected? • Are you popular for the right reasons (integrity, trustworthiness) • Are you an opinion leader? • Who listens to you? • Do they enjoy having you around?

27. Build your power sources • Based on individual examples, what are the key sources of power available to you and/or your team? • What could you do to expand or deepen your sources of power? • How can you build the sources of power you need more of?

28. Will Irving, Group General Counsel, Telstra Corporation Ltd The imbalance of power (client is right, lawyer is there to take instructions) doesn’t help, but is a fact of life. Everyone is responsible to someone (CEOs to boards, boards to shareholders/regulators etc etc), so lawyers need to get over that – if they’re so much smarter than their clients then leave the law and prove it.

29. What role do you play with your clients and what impact does that have?

30. The in-house role This real world vs law review/risk management vs. damage control experience is an invaluable catalyst in the process of transitioning to the “client side.” Steve Mims, The Road to In-House Counsel November 2005

31. Teacher/coach Educates the business or internal clients about their legal responsibilities that are part of their role. Empowers them to make decisions based on having the right amount of knowledge regarding contract clauses, confidentiality agreements, Trade Practices etc

32. Police person/gatekeeper Ensures there is constant surveillance of internal client’s activities. Reprimands if there in non compliance or lack of focus on risks. Is stern, disapproving and untrusting.

33. Preacher Is passionate about risk and compliance issues and attempts to inspire the organisation to feel the same by using strong appeals that have moral content. Provides ‘blessing’ for a project or business initiative.

34. Critical parent Constantly reminds individuals and groups of their obligations. Will step in and take over if not getting a response. Is critical, disappointed or chastising.

35. Cleaner Moves in after a disaster to mop up. The role evokes feelings of resentment and being unappreciated and exploited.

36. Sales person Identifies the individual or groups’ key drivers and frames the risk management message in a way that is appealing because it has direct relevance to their real concerns and issues.

37. Partner/peer Works with the organisation to identify the commercial outcome that doesn't raise legal risks. Shifts hats when necessary. Works alongside of the business or organisation.

38. Will Irving, Group General Counsel, Telstra Corporation Ltd I think lawyers need to expressly say sometimes that they are putting on or taking off, their legal hats. It allows others to see them in a different light and can be very valuable in breaking down the stereo types – it also helps the lawyers see that the clients are not as dumb as some lawyers assume.

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