Earlier quoted context omitted.
> while lawyers only think about how something goes very wrong and the company ends up in court. To be fair to the lawyers -- that's primarily what companies hire them to do.
Maybe a lot of executives and lawyers start from this perspective, but if so it's a bad position. Lawyers are supposed to be educated risk mitigators, working to maximize value not just minimize risk. I see so much CYA that they adopt a "better safe than sorry" attitude that doesn't accurately blend likelihood and impact, to the detriment of the company. They also rely on thin case law and current events which is bas…
Not so sure I agree with this. Lawyers are supposed to provide an analysis of the legal risks of things the company wants to do. It's the job of management to take that information and weigh it against the other business factors to determine if the risk is worth taking or not.
If a company is too risk-averse, legally speaking, that's a fault of management, not the lawyers.
That said, good lawyers won't just give a binary "recommend/don't recommend" answer. They'll also provide various options for other ways of doing something that have different risk profiles.