Mark Twain observed correctly about lawyers: “Lawyers are like other people–fools on the average; but it is easier for an ass to succeed in that trade than any other.”

When it comes to advising clients in the area of the FCPA and Bribery Act, counseling attorneys are critical players. We play an important role in the end in making sure a company complies with the law. Like in many other areas of life and work, the challenge is not just to be a nay-sayer, not just to parade out a bunch of horribles, kill a transaction or a deal, and then rest assured that I have served my client. Rather, the challenge is to look at a situation, factor in the business needs and impact, and develop creative solutions to the problem.

All too often, I hear complaints about compliance officers, general counsels, and outside counsels, who are the so-called “deal-killers” or “doomsayers.” The challenge within any organization is not to stop the work but to consult and advise on ways to meet the requirements of the law and figure out a way to make it work.

It is easy to be “Dr. No.” It is harder to say “That is a problem. How can we solve it? What can we do to make it work?” Such an approach is critical to establishing credibility with your client company, and making sure you are viewed as a part of the team.

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