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Driving Legal Departments from Reactive to Strategic

DW

Devon Willitts

January 9, 2026 · 5 min read

Legal Engineer, Former BigLaw Lawyer

Executive Summary

The Modern GC Paradox

The role of the General Counsel (GC) has fundamentally shifted. Today’s legal leaders are expected to be strategic business partners—counsellors who weigh legal risk against commercial reward. Yet, operational reality often contradicts this mandate. Legal teams are drowning in a deluge of "quick questions," Slack pings, and forwarded email chains. While the volume of requests increases, the quality of information accompanying them decreases.

The Context Crisis

This creates a critical gap: The Context Crisis. When legal requests arrive stripped of business intent, historical data, and commercial nuance, attorneys are forced to act as detectives rather than advisors. They pay a heavy "reconstruction tax"—hours chasing down the "why" and "what" before they can address the legal "how."

The Cost of Context Loss

The consequences of this information vacuum are severe:

  • Delayed Decisions: Turnaround times balloon as attorneys seek clarification.
  • Default Conservatism: Without clear business context, attorneys naturally default to the safest, most restrictive advice ("No") rather than finding a path to "Yes."
  • Frustrated Stakeholders: Business partners perceive Legal as a bottleneck that doesn’t understand their commercial reality.

The Strategic Opportunity

By moving from reactive triage to context-rich operations, legal departments can accelerate deal velocity, ensure consistent advice across the organization, and drive revenue.

The Evolution of the GC Role: From Gatekeeper to Growth Partner

The Strategic Mandate

In the 20th century, the Legal Department was a fortress; a distinct silo designed to protect the company from liability. The GC was the ultimate Gatekeeper. Today, that model is obsolete. The 21st-century Board expects the GC to be a business enabler.

The "seat at the table" is no longer just about legal governance; it is about business strategy. Modern GCs are expected to interpret risk through the lens of growth. However, this mandate comes with a prerequisite: Deep Business Understanding. To weigh risk against reward, one must understand the reward.

The Context Crisis

While expectations have evolved, the tools for legal intake have stagnated.

Most legal departments still operate on an "inbox model." Requests arrive via:

  • Fragmented email chains with missing attachments.
  • Ad-hoc Slack or Teams messages ("Hey, can you look at this?").
  • "Drive-by" conversations in the hallway.

In this environment, information arrives fragmented. A contract review request might arrive without the commercial objectives. A regulatory question might arrive without the stakeholder history.

This forces highly paid attorneys to pay the Reconstruction Tax: low-value time spent chasing stakeholders to answer basic questions: Why are we doing this? Who approved this? What is the deadline driving this?

The Downstream Effects

When context is missing, the output suffers.

  1. Conservative Advice by Default: When a lawyer is unsure of the business goal or the specific risk appetite of a project, they are professionally obligated to protect the downside. In the absence of context, the answer is almost always "No.”
  2. Missed Value: Without understanding the commercial strategy, Legal cannot suggest structural alternatives that might save money or accelerate revenue.
  3. The Brand Problem: Business units begin to view Legal as the "Department of No." This leads to "Shadow Legal"—where business units bypass legal review entirely to avoid the bottleneck, ironically increasing the very risk Legal is there to prevent.

What Business Context Actually Means (And Why It's So Hard to Capture)

Context is not just "the document." It is the constellation of facts, goals, and history surrounding a request.

The Six Dimensions of Business Context

To provide strategic counsel, an attorney needs visibility into six distinct areas:

  1. Strategic Intent: The "Why." What business outcome is this initiative supporting? Is this a standard vendor renewal or a strategic partnership critical to Q4 goals?
  2. Stakeholder Ecosystem: The "Who." Who is driving this? Who are the blockers? Whose budget is this coming from?
  3. Historical Context: The "What Happened Before." Have we worked with this counterparty? What concessions did we make last time? What went wrong in similar deals?
  4. Risk Tolerance: The "Calibration." Is this a "bet the company" product launch (low risk tolerance) or a rapid MVP experiment (higher risk tolerance)?
  5. Commercial Terms: The "Deal." What are the payment terms, SLAs, and deliverables that are actually driving the business value?
  6. Timeline & Urgency: The "When." Is the deadline arbitrary, or is it tied to a fiscal year-end or a product launch date?

Why Context Gets Lost

Context loss is rarely malicious; it is structural.

  • The Knowledge Gap: Requesters (Sales, Marketing, HR) often do not know what Legal needs to know. They assume the contract speaks for itself.
  • The Handoff Friction: Information degrades with every handoff. By the time a request moves from a Sales Rep to a Sales Manager to a Junior Counsel to a Senior Counsel, the original intent is often diluted.

The Expert Blind Spot

Perhaps the biggest barrier to context management is the reliance on human memory.

Senior attorneys often navigate context effortlessly because they have ten years of institutional knowledge stored in their heads. They know that "Project X implies high risk."

This creates an Expert Blind Spot.

  • Junior attorneys and new hires lack this mental database.
  • When a senior attorney leaves, that context walks out the door.
  • Scaling becomes impossible because you cannot "download" a senior partner's brain into a new hire.

When a legal department successfully solves the context puzzle, the metrics shift dramatically.

Better Decisions, Faster

Data suggests that context-rich requests resolve up to 40% faster than those requiring manual triage.

When an attorney opens a matter and instantly sees the history, the intent, and the commercial terms, they can skip the investigation and move straight to analysis. This allows for proactive risk spotting and identifying pitfalls the business hadn't considered, rather than reactive checkbox compliance.

Consistent, Scalable Expertise

Context management democratizes expertise. By capturing previous decisions, playbooks, and historical data, the entire team operates at a higher level.

  • Seamless Onboarding: New attorneys can see exactly how similar matters were handled six months ago.
  • Junior Empowerment: Junior attorneys can operate with "senior-level" context, handling more complex matters without constant supervision.

Quantifiable Business Impact

The benefits extend beyond the legal department:

  • Reduced Outside Counsel Spend: When external counsel is briefed with perfect context, they bill fewer hours for "fact-finding."
  • Faster Time-to-Revenue: In sales-led organizations, faster legal cycles mean revenue is recognized sooner.
  • Retention: Attorneys who spend their time counseling rather than chasing emails are happier, more engaged, and less likely to burn out.

The "Office of How"

Ultimately, context allows Legal to transition from the "Department of No" to the "Office of How."

  • Without Context: "No, you can't accept that indemnity clause. It's against policy."
  • With Context: "I see you need to close this by Friday to make the quarter number. We can't accept that indemnity, but here is a cap structure we used with a similar client that will get you to signature today."

How do you capture this elusive context without creating bureaucracy?

Meet Stakeholders Where They Are

Zero Friction Intake.

Do not force business partners to log into a clumsy "Legal Portal" they only use twice a year. Build context capture into the tools they already use.

  • Integrate intake forms into Salesforce or HubSpot for Sales.
  • Use slack/Teams integrations to turn conversations into structured requests.
  • The intake process should feel natural, conversational, and tailored to the request type.

Enrich Requests Automatically

The burden of context shouldn't fall entirely on the requester. A modern system should auto-enrich the request.

When a request comes in regarding "Vendor X," the system should automatically surface:

  • The last three contracts signed with Vendor X.
  • The total spend value.
  • Any active disputes or litigation involving this entity.

Triage with Intelligence

Eliminate the "forwarding chain." An intelligent system ensures the request is routed to the right attorney immediately, accompanied by the full "context package." This prevents the information degradation that happens when emails are forwarded three times before reaching the decision-maker.

Capture and Codify Institutional Knowledge

Move knowledge from brains to systems.

  • Dynamic Playbooks: Create living documents that guide attorneys based on current risk frameworks.
  • Risk Frameworks: Explicitly define the organization's appetite for different types of risks so that decisions are consistent, regardless of which attorney is reviewing.

Maintain Attorney Judgment

Technology is the enabler, not the replacement. The goal of a context system is to present the attorney with a "perfect view" of the situation so they can apply their judgment. It suggests; the attorney decides.

The Path Forward: From Reactive to Strategic

Transformation doesn't happen overnight. It requires a deliberate roadmap.

Where Are You Today?

GCs should ask their teams three diagnostic questions:

  1. What percentage of your week is spent gathering facts vs. analyzing law?
  2. If our most senior attorney left tomorrow, would the next person know why we agreed to those terms in the Contract?
  3. Do business partners feel we understand their commercial goals?

The Transformation Roadmap

  • Phase 1: Centralize and Structure Intake. Move away from the "Inbox Model." Implement a single front door for legal requests that mandates basic context (Deadline, Value, Counterparty).
  • Phase 2: Enrich with Automation. Connect your legal intake to business systems (CRM, CLM, HRIS) to pull data automatically.
  • Phase 3: Scale Expertise. Develop playbooks based on the data you’ve collected. Codify "what good looks like."
  • Phase 4: Optimize for Impact. Measure the results. Report to the C-Suite not just on "contracts closed," but on "revenue accelerated" and "risk mitigated."

The future involves AI acting as the ultimate context curator. AI will scan the request, pull the relevant history, summarize the commercial terms, and present the attorney with a draft response based on the company’s playbook.

This frees the attorney to be what they were hired to be: A Strategic Advisor.

Context as Competitive Advantage

The General Counsels who win tomorrow are the ones building context-rich legal operations today. They realize that legal expertise is only as good as the facts it is applied to.

By solving the Context Crisis, you do more than just clean up the inbox. You multiply the effectiveness of every attorney on your team. You transform the legal function from a cost center protecting the status quo into a strategic engine driving the business forward.

Strategic counsel requires strategic information architecture. It’s time to stop chasing context and start managing it.

Is your legal team suffering from the Context Crisis?

Don't let the "Reconstruction Tax" drain your team's value.

Sandstone is the platform for AI-native legal departments. It learns from your legal intelligence to execute work and simplify business orchestration. Embed legal intelligence directly where the business already works. To learn more, request a demo.