InsideCounsel » July 2008
Making Change
Simple steps make change management easier for in-house counsel.
I was taking in a Matlock rerun last week when, amidst hatching a plan to receive CLE credit for watching, I observed a hapless prosecutor on cross-examination asking case-damaging, open-ended and non-leading questions.
This caused me to snap back to a horrid memory of committing the same error in my trial techniques class in law school. My professor’s public reprimand rattled in my head: “Mr. Martin, when conducting a cross-examination, never ever, ever ask a question that you don’t know the answer to.”
Shaking my head vigorously to escape the bizarre fusion of my professor’s harangue and Matlock’s sneering superiority, I recalled that as an in-house lawyer, I continued to make a similar mistake.
An effective trial lawyer is required to invest the time and preparation in knowing the outcome of the cross-examination before a single question is asked.
A compelling extension of this principle to the corporate setting involves the change initiatives we facilitate and champion. Like effective cross-examination, successful change management requires dedication to the outcome-assuring prework.
Change happens. Laws change. Regulatory enforcement agendas change. Businesses change. The in-house legal team is expected to respond with appropriate solutions to these changes. Our business partners require a legal team that excels in change management.
The following principles are not my original thinking, but a compilation of formal change management training and best practices of my many mentors who excelled in championing change. You may find them helpful.
These are the basic steps:
1. Identify the need for change. You are constantly monitoring the laws
and regulations that apply to your company. You are expected to recognize the need for change and effectively communicate that need to your clients.
2. Identify stakeholders. Identify the groups and individuals who are impacted by or have a stake in the change. Classify the stakeholders as potential change champions or change resistors.
