Above The Law
Lawyers make me nervous.
At least, dealing with them professionally does. As individuals they are often quite wonderful people.
As my city approaches a municipal election later this month one of the major issues is an issue where city council did not disclose a massive sewage leak into public waterways, (and the accompanying health risks), on the advice of lawyers. As these things typically do, it eventually came out and has become a mark against every incumbent who voted to keep it hidden.
I don’t have much sympathy for the cover up, but maybe I should. After all, they were just doing what the highly paid lawyers were telling them should be done to avoid lawsuits.
Many charity leaders and directors have experienced the fear of lawyers. For too many of us legal matters are always perceived as threatening and uncertain; and even the uncertainty of fees makes us hesitate before calling for advice. This is particularly true for small and mid-sized charities who rarely have the budget or the expertise to make theses decisions confidently.
-We’re reluctant to call because we don’t know what to ask, or how much it will cost.
-We’re afraid of being sued so we don’t do what we think is best.
-We feel inferior so we go along with legal advice even when we have concerns or it doesn’t seem right.
So, what can we do about it?
I’m not a lawyer (though I will invite a couple to offer responses to these thoughts and will share if they do); but here are a couple thoughts.
We need to budget legal fees as a regular matter of doing business. Having some money designated here will reduce the initial hesitance to make the call and ask for advice.
We need to cultivate relationships with legal practitioners who we find to be understanding, ethical, and good value; and we need to share them with colleagues in other charities.
We need to understand that what is legal and what is ethical are not always the same thing. The two often overlap significantly, but don’t get them mixed up. The best lawyers will acknowledge areas where their legal insight may not align with your values.
We need to remember that our lawyers work for us. If their advice feels off or comes into conflict with our organizational values or personal ethics we need to challenge that, and get a second opinion. In some cases we may decide to go against their advice, fully informed of the likely results and consequences, if doing so is the right thing to do.
Like many professionals, including leadership consultants, lawyers have a lot to offer charity leaders; but we need to use them wisely. Starting from a place of fear never serves us well.