The business owns legal issues: Difference between revisions
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{{a|devil|}}A founding, fundamental point, but one lost in our disintermediated, siloed age: the ultimate owner of legal risk is not legal, but the business. Legal simply advises the business on the legal risk. | {{a|devil|}}{{quote|''Ignorantia juris non excusat.''}}A founding, fundamental point, but one lost in our disintermediated, siloed age: the ultimate owner of legal risk is not legal, but the business. Legal simply advises the business on the legal risk. | ||
Some counterintuitive implications of this: | Some counterintuitive implications of this: | ||
Revision as of 10:37, 14 October 2021
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Ignorantia juris non excusat.
A founding, fundamental point, but one lost in our disintermediated, siloed age: the ultimate owner of legal risk is not legal, but the business. Legal simply advises the business on the legal risk.
Some counterintuitive implications of this:
- The business should make legal calls in normal operating parameters (the BAU)
- The business should read the whole contract.
- It is up to the business to know not just the known knowns [1] but also the known unknowns and to be aware, and responsible for, the unknown unknowns. Only where you encounter a known unknown should the business get on the phone to legal, but the outcome of that advice is for the business to acquire another known known.
- ↑ And the unknown knowns, but QED it does not know those. Such is the imperfect state of the world, my friends.