The Broad-Based Black Economic Empowerment framework is an initiative that falls under the regulations of the 2024 Legal Sector Code which has been promoted by the government to spearhead economic and social transformation to historically disadvantaged individuals in South Africa. This development has become a hot topic with key political figures voicing strong criticisms of the framework and other DEI initiatives. From my perspective the implementations of these new policies within the legal sector code will have a profound impact on how recruitment is conducted within the South African Legal market.
Firstly, there will need to be an added level of consideration relating to the new policies, from partners within firms to hiring managers and recruiters who will be sourcing candidates, in an effort to ensure these processes are conducted in adherence to the new regulations. Like most diversity and inclusion initiatives the results will depend not on the enforcement of policy but on the effort and mindset of parties responsible for enacting this change. Firms will have to check their existing biases and potentially face some uncomfortable truths within their practices in order to take the necessary first steps to onboarding top tier Black talent. Additionally, we are likely to see a shift in the rationale behind the answer to the question “What makes a good candidate”? For so long the answer has been clear cut, but as new policies come into force, firms will need to have serious conversations regarding how they would like to answer this question.
Search firms will have to ensure that they are up to date with the recent developments in legislation and current attitudes regarding their implementation. Firms need to keep these considerations in mind when employing recruitment companies to do their work, and search firms with experience and proven track records of placing candidates from a wide range of backgrounds, including Black South African’s, will be key to helping these policies translate into the creation of a stronger, fairer legal workforce in South Africa. This will apply not just in terms of sourcing these candidates but also in providing expertise and market insight on how to induct black professionals into these existing institutions.
Furthermore, with the Legal Sector Code placing an emphasis on the development of skills for black professionals we are likely to see firms taking a greater in the development of incoming candidates. We are also likely to see firms investing in the retention and development of their existing talent and further investment in their talent retention strategy as a whole. Well-resourced firms are already placing an emphasis on talent pipelines at all levels of seniority in order to create genuine long-term change. We feel this could be a catalyst for increased competition within the talent market specifically pertaining to individuals with a desirable skillset including established Black partners who are likely to be in greater demand. Also, one of the potential outcomes of this legislation is that we may see an improvement in the financial packages offered to desirable talent which will increase emphasis on development and career progression within firms.
Moreover, with the new legislation encouraging the promotion of Business Development, firms are encouraged to provide financial support and coaching to Black-owned legal practices. This could potentially lead to an increase in mergers and strategic alliances and more Black owned law firms in South Africa who will in turn require the use of search firms to help with their strategic hiring and long-term growth.
In conclusion, the introduction of the legal sector codes in South Africa will bring about a significant shift in established recruitment practices. Firms will be required to adapt their previous hiring strategies to fall within the scope of this legislation and recruitment firms will be tasked with the pivotal role of helping both established and emerging firms navigate these developments by sourcing diverse talent and providing expertise which calls for a thorough knowledge of the existing legislation and effort to act in adherence with them.
In recent years, there has been a noticeable shift in corporate leadership as more General Counsels (GCs) are stepping into Chief Operating Officer (COO) roles. This trend reflects the evolving responsibilities of the modern GC, who is no longer confined to legal strategy but now plays a central role in business operations, risk management, and corporate governance.
This rise is not accidental but a reflection of broader changes in the corporate environment, where the skills and knowledge traditionally associated with the GC position have become invaluable to operational leadership. Here’s a closer look at why this shift is happening, in which sectors it is most prevalent, and what it means for both GCs and the organisations they serve.
Historically, the role of the General Counsel focused on providing legal advice and ensuring regulatory compliance. Today, however, the responsibilities of a GC have broadened significantly. GCs are increasingly seen as key business partners, advising not only on legal matters but also on strategic decisions that affect the company’s overall direction.
GCs are deeply involved in risk management, governance, and policy development—areas that overlap significantly with the responsibilities of a COO. As organisations face growing regulatory complexities and an ever-evolving risk landscape, GCs are ideally positioned to help navigate these challenges while maintaining operational efficiency.
This trend is particularly evident in industries where regulatory oversight, litigation risks, and existential challenges are more pronounced. Highly regulated sectors such as financial services, healthcare, pharmaceuticals, and technology have seen a significant rise in GCs taking on COO roles. These industries require leaders who can navigate complex legal frameworks while ensuring seamless business operations.
Similarly, companies facing increased scrutiny from government agencies, activist investors, or public opinion, such as energy, telecommunications, and consumer goods, are recognising the value of GCs in operational leadership. Their ability to mitigate risks, manage compliance, and align legal strategies with business objectives makes them well-suited for the COO position.
Risk management has traditionally been a significant part of the COO’s role, but GCs have extensive experience in managing corporate risks, particularly those related to litigation, compliance, and regulatory oversight. The GC’s ability to assess risk from both a legal and operational perspective makes them natural candidates to oversee broader business functions.
Their experience in making high-stakes decisions that balance risk and reward aligns well with the strategic focus required of a COO. In fact, many organisations recognise that having a leader who can approach risk with a legal lens can enhance the company’s resilience and agility, especially in highly regulated industries.
Corporate governance and regulatory compliance are key responsibilities for both GCs and COOs. With more companies placing emphasis on ESG criteria, the demand for leaders who can operationalise compliance and integrate these practices into day-to-day functions has grown. GCs, who are already deeply embedded in governance frameworks, are well-positioned to take on this challenge.
Moreover, GCs often work closely with boards of directors, giving them a comprehensive view of the company’s strategic goals and operational challenges. This board-level insight is invaluable for COOs, who are tasked with translating high-level strategy into efficient and effective business operations.
One of the core strengths of in-house lawyers is their ability to connect the dots across different departments. GCs frequently collaborate with teams across finance, compliance, HR, risk, and business operations to address complex issues. This ability to synthesise information and align cross-functional teams makes the transition to COO a natural evolution.
As companies become more complex and interconnected, the ability to bring together diverse stakeholders and drive consensus is critical. GCs, by virtue of their role, are skilled in facilitating communication across different areas of the business, making them effective operational leaders who can drive change and innovation while ensuring regulatory adherence.
GCs bring a unique perspective on corporate culture and ethics, areas that are increasingly important in COO roles. As companies face growing scrutiny from both regulators and the public, having a leader who can champion a culture of compliance, transparency, and ethical behaviour is a major asset. GCs, who are often the guardians of these principles within organisations, naturally extend this responsibility when they step into operational leadership roles.
Furthermore, as COOs are often tasked with driving transformation and change management, the GC’s experience in navigating complex legal and regulatory frameworks can be invaluable in implementing strategic initiatives while mitigating risks.
Conclusion: A Natural Evolution
The rise of General Counsels stepping into COO roles reflects the evolving nature of both positions. In today’s complex corporate landscape, the skills that GCs bring, risk management, governance, compliance, strategic oversight, and cross-functional collaboration, are increasingly aligned with the demands of operational leadership. This trend signifies not just a shift in individual career paths but a broader transformation in how companies view legal and operational leadership as interconnected rather than siloed functions.
For organisations, having a COO with a legal background offers a unique blend of operational expertise and risk mitigation, making GCs an ideal fit for this evolving leadership role. As this trend continues, we can expect to see more GCs embracing operational responsibilities and helping to shape the future of business leadership.
If you would like to discuss how Fides could help with any recruitment needs you may have, please get in touch with Sershen Ingram – sershen@fidessearch.com
In recent years, a noticeable trend has emerged in the legal market. The relationships between elite firms and their clients have become increasingly robust, creating a level of resilience that challenger firms previously targeted to gain market share. The buzz in the market indicates the gap between elite firms and challenger firms is increasing. The problem for challenger firms is that they are not able to match the scale, deal sheet, or institutional relationships that elite firms possess to maintain client relationships across their global platforms. The adage “nobody gets fired for instructing [insert elite firm name]” holds true in this context.
Bridging the Gap: What It Takes to Compete
To make a significant impact on this trend and compete effectively with elite firms, challenger firms need to focus on several key areas:
There have been several moves in the past 6 months that showcase this – see some select moves below:
Willkie Farr & Gallagher
Kirkland & Ellis
Skadden
Eversheds Sutherland
In conclusion, for challenger firms to bridge the gap and compete with elite firms, they must focus on strengthening client relationships, building credible teams, hiring motivated partners, and maintaining a sustained growth strategy. Only by addressing these areas can they hope to make a noticeable impact in the ever-evolving legal market.
Hiring and interviewing – an impact sport. Some win, some lose, but the basics can be learnt!
At the core, executive search is a two-way street – especially on the lateral partner front. The candidate and the firm have to go into an interview with intention. Complacency and uncertainty fail every time; time itself is precious and a commodity that shouldn’t be wasted.
There is no perfect recruitment process, but the best firms and the best candidates approach interviews with strategy and intent. Success is based on three key things:
Candidates should be aware that an interview is not just about getting an offer; it’s about finding the right fit. Successful careers often include sustained spells of promotion and personal development, therefore you must present in a way that reflects this. To firms, recruitment is more than just analysing a candidate’s credentials, past performance, clients, billables, team size, and so on; all of this is important, but ultimately, you are striving to develop a case that answers the fundamental question: why should they join your firm?
It’s all about impact.
Irrespective of whether you are a candidate or a hiring partner, your aim should be to leave a lasting, positive impression. Candidates should emphasise the most powerful elements of their experience and how those align with what the firm needs. Be genuine; standardised dialogue doesn’t work. Select the details you want the person opposite to really retain. For firms, that means making sure that the messaging about culture, growth trajectory, and strategy comes through loud and clear. Every touch point helps to form the candidate’s impression of the firm, and impressions created in this process tend to stick long after the interview is over.
Engagement is key.
An interview is a conversation, not a monologue. Both parties should listen as much as they can and thoughtfully engage the interviewers with responses that indicate understanding. Equally, firms must understand that a candidate evaluates a firm to a great extent and vice-versa. Remove distractions that interfere with listening, such as an inbox ping or a phone call, as well as those things that are present in the back of your mind. Try to eliminate all distractions and engage. Make eye contact and answer questions honestly; it will all make a difference.
Align your ambitions.
Speak clearly about the mission. Several firms in the legal market have quite ambitious growth strategies, but not every candidate will align with the vision of each. Candidates need to be clear about what motivates and inspires them when it comes to the mission of a firm. Use targeted questions to assess alignment on culture and strategy. Firms likewise need to articulate their ambition and assess where that new hire fits within that. The best firms don’t just talk about strategy; they link it directly to the candidate’s potential role.
The devil is in the details. Firms should consider a candidate’s experience, starting from their arrival. A well-coordinated welcome, appropriate interview setting, and the base ingredients like refreshments indicate professionalism and respect towards them. For the candidates’ part, it should be a given: show up on time, bring your best, and don’t underestimate the power of a summary at the close, highlighting the most topical points and flagging any concerns that need further consideration.
Feedback is paramount. Among the top reasons firms lose good candidates, poor communication plays a major role. Candidates must understand where they are, not only for decision-making considerations but also for personal development. Candidates need to understand where they stand, not only for their decision-making purposes but also for their personal growth. Those firms that give definitive, honest feedback – even when the news isn’t positive – maintain goodwill and their strong reputation in the market.
Thoughtful questioning enhances the process. Interviews should evolve with each stage: candidates should avoid generic questions and instead build from what they’ve already learned, demonstrating genuine curiosity about the strategy and culture of the firm. Firms, in turn, should structure their process in a manner that is respectful to a candidate’s time and recognises previous discussions. Asking the same questions repeatedly raises potential red flags and may lead to things feeling disconnected, whereas targeted follow-up fosters a sense of progress and engagement.
The best recruitment experiences are always those when both parties walk away knowing that they have found the right fit. By focusing on impact, engagement, and alignment, firms will find the best talent, and candidates can make the right career choices. The interview process shouldn’t be a transaction; it should be the beginning of a meaningful professional relationship.
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