If it is strategically imperative to do so, Dean will take on these special roles that are not generally performed by a legal practitioner:
- he will act in the capacity of “lead counsel” or “outside general counsel” when technical knowledge from a team of specialists must be assimilated and forged into an action plan;
- he will adopt the position of “public advocate” when traditional forms of legal advocacy are not viable or adequate on a standalone basis; and
- he will function as a “human rights advocate” when the fundamental rights of the client or the client’s personnel are violated.
Outside General Counsel
When Dean serves as outside general counsel, he develops and implements a strategy in close consultation with the client and top specialists. He takes primary responsibility for ensuring that the collective input acquired from the experts is coherent, integrated and fully understood by the client.
Dean takes a “hands on” approach when he deals with the specialists. He selects skilled, independent experts who are most suited to the task. Once he has assembled the appropriate team, Dean consults intensively with each expert. He directly manages each expert’s discrete assignment and personally coordinates the team’s mission.
Dean takes an equally “hands on” approach when he works with the client. He regularly confers with the client to make sure that the strategy aligns with, and advances, the client’s business objectives. At the same time, he directly and personally explains the plan in terms that the client can readily grasp.
Public Advocate
When Dean acts as a public advocate, he promotes the client’s cause in any non-legal forum that can bring about a positive outcome. In certain contexts, he will publicly address a governmental forum- a state ministry or agency that is responsible for policy development or regulatory oversight. In other contexts, he will approach the media and make the case before the ultimate “court of public opinion”.
The role of public advocate runs contrary to the presumption that a lawyer should not be seen or be heard in any forum other than a legal forum. This presumption must be overridden if there is no recourse to a legal forum or such recourse will fail to satisfactorily resolve the problem. These circumstances generally arise:
- if commercial, reputational or political concerns- and not merely legal concerns- underlie the client’s problem;
- if a crisis, political risk or the client’s public image need to be managed; or
- if legal protection for foreign investment is weak or non-existent. This is frequently the case in an emerging market where political elites or competitors control state agencies and the judiciary.
In certain contexts, it is effective to pursue public advocacy and routine legal advocacy in tandem. When this opportunity arises, Dean ensures that all forms of public advocacy and legal advocacy are fully coordinated. He makes certain that the client’s case is forcefully conveyed on all fronts in a complementary and mutually reinforcing manner.
Human / Economic Rights Advocate
Dean will assume the role of “human / economic rights advocate” when the fundamental rights of the client or the client’s personnel are subjected to abuse. This kind of abuse readily occurs in an emerging market where the rule of law may be compromised.
Unfair treatment of a foreign investor by the local authorities may amount to a breach of fundamental rights- those of the foreign investor and its representatives stationed abroad. Protection of these rights is generally guaranteed by an array of international treaties and by the national constitution that governs in the jurisdiction where the foreign investment resides.
Dean will invoke national and international laws whenever they are contravened to the detriment of a foreign investor. Reliance on these laws may open up avenues for legal redress before the national courts at the local level or before UN bodies responsible for monitoring the protection of fundamental rights.
When engaged in public advocacy, Dean will draw close attention to these universally recognized laws for the protection of fundamental rights. This kind of an appeal dramatizes the point that local authorities cannot be permitted to act with impunity within their own jurisdiction.