Working With The Legal Department

Dear Import/Export Compliance Manager,

I have just taken on the role of import/export compliance manager at a small company.  I found it odd that no one from the legal department participated in my job interviews and that none of them have reached out in the weeks since I have joined.  Do I need to reach out to them and, if so, how do you suggest going about it? 

Writ of Mandamus in Rhode Island

Dear Writ,

Oh Legal Department!  Wherefore art thou, Legal Department?  Yeah, it seems you have a job ahead of you to figure out what the relationship with the Legal Department, who can be instrumental in your success in your role, will be.  Them not participating in your interview process and then not reaching out (or your boss not helping you reach out) are not great signs, but not necessarily signs of disaster, either.

To answer your first question, yes, a million times yes, get in touch with the Legal Department.  As you’re likely aware, the Legal Department can serve three massively important functions: sanity-checking your import/export compliance work, being the interface to outside counsel and actively being on your side to advocate for change within the company.   Let’s address each in turn.

As Import/Export Compliance Manager, you are the person most knowledgeable about import/export compliance and the minimization of import/export risk at your company.  To thine own self be true is great and all, but you could use some help.  Legal, one of whose functions is to minimize risk to the company, can provide a valuable second opinion and aid for you when making important decisions.  Having someone with a different perspective helps and Legal, who usually work with all departments and with all executives, can provide valuable inside knowledge of how the company works.  This will be especially important to you as you’re getting started in your new role and trying to avoid a winter of discontent.

Secondly, Legal (usually) serves as the conduit to outside import/export compliance counsel, for those working at companies too small for this particular specialization to be in-house.  Outside counsel is another entity to provide secondary checks and also provide necessary guidance on regulations that may apply to your company’s operations.  Most often the budget for outside counsel runs through Legal and thus they’re going to want to be part of the process.  In fact, they should be part of the process.  So yeah, if you want to get outside counsel involved, you really should have Legal at your side.

Thirdly, Legal is a powerful ally.  The CEO and Board of Directors are supposed to listen to the advice of the Legal Department.  Now, the CEO and Board of Directors can tell Legal (and Import/Export Compliance) to go jump in a lake, but typically they will listen.  That’s why they hired you and have a Legal Department in the first place.  Legal can get you into meetings that you would not be able to have on your own.  In fact, if you try doing certain things without Legal’s knowledge or buy-in, this may be perceived as your plan being weak, since Legal is not on your side.

And of course you’ll be joined at the hip with Legal in the event of a possible violation of sufficient impact that a decision needs to be made whether to disclose it to the government. 

Now, how do you get Legal’s attention?  The most preferable is to directly schedule a get-to-know-you meeting yourself.  If you can get this, use the time to figure out the Legal Department’s knowledge of import/export compliance and their view on the subject.  If you get no success scheduling a meeting directly, try having your boss or someone else Legal might pay attention to do it.  Make it brief; brevity is the soul of wit.

If neither of the above prove successful, you may need to wait until there is an issue of some importance to bring to their attention.  Even if they think import/export compliance isn’t important, coming at them with a risk you have uncovered should convince them to at least meet with you about it.  Gauge their reactions as you interact with them on the issue.  Are they interested in helping you or do they brush you off?  If the latter, et tu, Legal Department?  But if it’s the former, by golly, stand with them shoulder-to-shoulder and go!  That first issue should then be the gateway drug to knowing all about the major import/export compliance risks.  The Import/Export Compliance Manager knows he’s in with Legal when he can have quarterly meetings specifically to update them on the biggest import/export compliance risks to the company and what’s being done about them.

Ultimately, our success with Legal is not the fault in our stars, but in ourselves.  Good luck!