Hello everyone and hello 2026! It’s time to kick off another year of “Ten Things You Need to Know as In-House Counsel.” For a number of years, I started January with my “essential issues” for in-house lawyers post, i.e., things I thought were important for in-house lawyers to watch out for over the upcoming year. It was something I did as general counsel; a good exercise to go through to help put the legal department at the front of the pack when it came to spotting risk and opportunity for the company. Last year, I changed things up and did my first “New Year’s resolutions” for in-house lawyers where I set out a number of things in-house lawyers could do over the course of the year to make themselves better lawyers and more valuable to the department (and the company).[1] I enjoyed that one, but since I like to mix things up, I am going to try out something different again this year.
I want to go back to the basics of being an in-house lawyer. For me, that means being attuned to what is going on at the company and asking lots of questions. Questions are often the most important tool in your in-house survival kit. The right questions at the right time can reveal problems that can get solved before they become big problems. Nipping things in the bud is an undervalued skill most in-house lawyers bring to the table. I think it’s undervalued because many legal departments don’t know how to market why their early intervention is so valuable to the business. You can find out more about how to solve that problem by reading my post on how to market the legal department.[2] Besides marketing skills, in-house lawyers need to spend time thinking about what types of problems may be lurking out there that can cost a lot of blood and treasure to fix. In other words, what questions should I be asking the business here in January 2026? This is the difference between legal being the brake pedal (reactive) vs. the gas pedal (proactive). You want to be the latter! I have been thinking about this over the past several weeks and have come up with a list of questions that I think all in-house lawyers should be asking the business right now. This edition of “Ten Things” sets those questions out for you, along with why they matter (to legal and to the business) and, more importantly, potential next steps:
