Hassan Basil Hassan
GE Healthcare - Abu Dhabi
23 Oct 2008
GE`s former general counsel, Benjamin W. Heineman, has written that in-house lawyers must behave as lawyer-statesmen. What do you think that that means for corporate counsel?
I believe it means giving the best possible counsel, while at all times demonstrating an unyielding commitment to integrity. Leadership is also vital to the behaviour of a lawyer-statesman. An abundance of integrity in the absence of leadership will largely compromise the courage to make the right decisions and take the right actions, particularly during a company's defining moments. It is the combination of legal competence, integrity and leadership that enable corporate counsel to aspire to the ideal of 'statesmen' that Benjamin Heineman illustrates in his article. Lawyers who possess these characteristics earn and deserve the trust of all stakeholders.
When hiring in-house or external counsel, how does this concept manifest itself at GE?
Personal integrity constitutes the foundation of GE`s Code of Conduct, and is a vital prerequisite to joining the company. As a result, a character assessment is an essential component of the recruiting process. For GE, this means hiring people who have the core competencies to perform, and the strength of character to lead. The concept of 'statesmen' continues to manifest itself long after the onboarding process through continuous training and, equally important, guidance and mentorship from the lawyers who constitute the GE legal leadership. For me, Liam McCollum, the General Counsel for GE Middle East & Africa, also based in Dubai, has been a trusted mentor and embodies the lawyer-statesman that Benjamin Heineman describes.
With an in-house team of over 1,000 lawyers led by GE's General Counsel, Brackett Denniston, there is sufficient depth of expertise to manage and execute the legal and compliance function internally. In circumstances where hiring an external counsel becomes necessary, the criteria for selection do not differ from those we use in selecting our in-house lawyers. The reputation of the law firm is critical, and we take note of firms who give back to the community through pro bono initiatives and the like.
When working for a company, it is now commonplace for employees to be able to report issues of concern. How does this arrangement work at GE?
Within GE, there are a variety of channels for reporting integrity concerns. Employees can report concerns relating to legal or ethical violations directly to their own line manager - or manager's superior, their local counsel, compliance officers, or through our "ombudsperson" process. The ombudsperson process serves as a mechanism for individuals to ask questions or report integrity concerns without fear of retaliation. These concerns are objectively investigated by subject matter experts such as Finance, Legal, and Human Resources.
Employees may raise their concerns anonymously if they choose, and investigations are conducted with the highest level of confidentiality. Where follow-up questions are required in cases where a concern is raised anonymously, the assigned ombudsperson can communicate with the employee online through a case reference number without compromising the identity of the employee. With an extensive global network of more than 700 ombudspersons, coverage is provided for every business and country where GE operates.
Companies often try to "do the right thing", but in a global business - "wat is the right thing"? Which laws or policies should apply?
A central tenet to GE`s Code of Conduct is that all employees are required to obey the applicable laws and regulations governing our business conduct worldwide. To be clear, from a business integrity perspective, there is usually a "right" or "wrong" answer.
Where the legal and regulatory infrastructure is in early development stages, more steps are required to identify what the law is and sometimes a second or third opinion helps to crystallise a decision. Here I'm referring to questions such as enforceability of contracts or labour and employment issues, for example. Integrity and ethical conduct, however, are clear and firmly rooted in GE's compliance culture, regardless of region or country.

















