Have you ever had a great idea for a client, only to have it crushed by the brands legal team? Yeah me too. In the digital space things are moving so quickly the law has had a very hard time keeping up with everything. You can see it all over the place one of the best case in points is the music industry. They are struggling to figure out DRM, or not to DRM. Or the dozens of other distribution methods. It’s one of the better examples but digital innovation seems to be really hindered by their legal teams.
The companies that I’ve worked with that have been the most successful have not let their legal teams dictate all of their steps. Only guide them to the best of their knowledge letting them know the risks and backing them through the process. The teams that innovate are absolutely not are the ones that are just paying it safe. You can tell that most corporate lawyers want to keep their cushy salaries and their safe job. Please keep in mind I don’t want to discredit corporate lawyers here. I’m friends with a few and I know it’s no easy gig. Also keep in mind I’m also married to a lawyer. I just feel that they need to step out of the box a bit. It might mean that they are not getting recognized but they need to keep in mind that the ultimate goal is help the company they work for.
Could that company improve sales by doing something innovative? Yes. Could they be sued for taking a risk? Yes. This doesn’t mean that they need to shut down innovation without trying it. I urge corporate lawyers to minimize the risk and foster innovation don’t hinder it.
The flip side of all of this is that those of us creating the ideas need to guide the lawyers as well. We have to make them understand everything and get them feeling comfortable with the idea. Just like legal jargon might frighten you because it seems foreign the digital space is the same way to them. If we as innovators can help guide them through the digital space identifying risks we are aware of, they will do the same. 
I just urge our corporate lawyers out there to keep an open mind. They are one of the few that can crush a great idea just because it might seem risky. Little do they know it might be the next subservient chicken.



























Melanie says:
Don’t you sometimes just want to go, “Oh, come off it!”
I do
Sep 09, 2008, 5:07 amDamian says:
Yeah Melanie I’m with ya. I know you know how frustrating it can be. Now that you are across the pond I’m curious to see how it affects you.
Sep 09, 2008, 7:43 amJay says:
You are spot-on here. Our legal system simply can’t move fast enough to keep up with the changes in technology and new innovations in existing systems. If legal teams always have the final say, instead of acting as a guiding force, then their company will always be several steps behind.
“Great risk, great rewards” and all that
Sep 09, 2008, 9:21 am