When I first read this article in HBR, Why Your Innovation Team Needs a Lawyer, I liked it. All lawyers have probably experienced at least once the dismay of being brought in at the tail end of a new initiative, when all the key decisions have already been made and the deadline for sign-off is…5pm today. Nobody wants you to ask any questions, they don’t want to (and probably can’t) make any changes, and they’re scared that you will “kill the project – or reduce it to a shadow of its potential”. All they really want is a sign-off.
So an article identifying that the real problem is often that “not a single legal representative had been involved in these new business initiatives from the beginning” is a good thing. As the article says
This is where the opportunity lies – in collaboration that includes the final approvers, embedding the legal teams in the design and innovation process.
The problem is that the more I reflect on it, this article – and many people’s views of lawyers in general – is based on a view that the lawyers need to be on the team so they can understand it – if you explain it in simple terms - and not kill it, but there is no suggestion that the lawyers might themselves have the creativity to actually add to and enhance the underlying initiative.