Why Legal Is Becoming a Strategic Business Function

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Some functions have had an easier time proving they belong in business conversations. The finance department is one example, perhaps because it works with numbers and tangible information. Legal has had a harder case to make, even though it is just as much a business function.

For legal departments, large parts of the day can disappear into contract reviews, board documentation and policy questions. Seen from outside, that work reads as administrative and repetitive. What has changed in recent years is not the volume of it, but the kind of questions arriving at legal’s door.

The business environment changed the equation. Regulation became more demanding, and legal moved into product, data, and employment decisions that once sat outside the department. Legal now works where important decisions meet uncertainty. The move from cost center to business function isn’t finished, but the case is no longer theoretical: the way the role of legal has evolved inside the organization shows how the function has changed.

Phase 1: When external pressure changed legal’s position in the business

For a long time, in-house legal teams entered the picture when a contract needed review, a dispute had escalated, or a regulatory issue had arisen. That work still matters, but it no longer covers all the questions the business needs legal to answer.

Markets are more interconnected than they were, and AI is entering everyday business operations. Legal is therefore being asked to advise on how new tools affect products, employment, data, and supply chains. Rules that once seemed more contained now reach across each of those areas.

Not long ago, a company could take a rule, ask outside counsel what it meant, and plan around the answer. Today it often has to interpret requirements before they are settled, reconcile them across jurisdictions, and advise the business on what defensible practice looks like in the meantime. Regulatory requirements and compliance now rank among the top three business challenges for many organizations.

Legal now partly owns the job of helping the business understand:

  • what is changing from a regulatory perspective
  • what that means for the business
  • what should be done, even when the rules are still in the making

A more strategic position doesn’t make every legal department strategic, but it does explain why more business questions reach legal. As a result, legal is expected to answer them. A function that shapes business continuity, investment choices, and international expansion contributes directly to business value.

Legal has therefore moved from answering isolated questions to interpreting change, connecting its consequences across the business, and exercising judgment when certainty isn’t available. That pivot reflects changes inside the the in-house team as well as pressure from outside it. A shift of that size eventually affects the organization’s structure.

The senior in-house legal adviser has traditionally been the General Counsel. The role covered day-to-day advice, contracts, disputes, and legal operations. When the business needed a legal view, it called the GC.

As decisions grew more complex, the remit of the senior legal leader widened to include growth plans, business development, transformation programs, major investments, market entry, and participation in C-suite discussions.

The growing use of the Chief Legal Officer title reflected legal’s closer relationship with executive leadership. Companies still use the GC and CLO titles differently, but the distinction often signals a broader remit and closer involvement in business decisions. The role can influence how the business moves and what each decision requires.

Twenty years later, 70% of surveyed CLOs managed at least two areas beyond legal, according to the 2025 ACC Chief Legal Officer Survey, including:

  • Compliance
  • Risk management and privacy
  • Ethics
  • Strategic transactions

That scope shows what legal leaders are expected to do today. They guide decisions that shape how the company operates, how much exposure it carries, and how much trust it earns.

Examples of legal’s strategic role

M&A is the clearest example. The same ACC survey found that 58% of CLOs reported heavy involvement in M&A and other corporate transactions. Legal helps assess whether a deal fits the company’s strategy, which risks the company can accept, how the transaction should be structured, and whether the organization can execute after signing. This work goes beyond document review after the business has already decided. It helps the company understand exposure before it commits and deliver on the deal it signs.

The same pattern appears in decisions about where to invest, how to enter or expand in a market, which changes the organization can absorb, and how to carry out those changes. Legal helps the business test its options, understand the conditions attached to each decision, and act with a clearer view of the risks.

Working this close to decisions changes what legal is accountable for. It also exposes an old habit: many legal functions still describe themselves as cost centers, counting matters, headcount, and spend. Their work increasingly does more than those measures capture.

Legal has moved closer to the center of the business because the business now depends on legal judgment in more places. The shift remains incomplete as long as the function reports its work only through volume, headcount, and spend.

The job is to translate activity into terms the rest of the organization can use: time to launch, decision quality, exposure avoided, transaction readiness, control of obligations, confidence in a market entry, and the ability to absorb regulatory change. The right measures differ by organization, and the useful ones are rarely the easiest to collect. The principle is consistent: make the effect of legal work visible without pretending every outcome reduces to a clean financial return. Reframing legal KPIs around influence rather than activity is usually where that work starts.

Making the change visible also means legal must work its internal PR, both within the legal department and across the rest of the organization.

None of this is a promotion the business hands out. Legal became strategic by doing work that shapes the business: reading change early, explaining what it means, and standing behind its judgment when the rules are still forming. The remaining gap is how that contribution is described. Finance closed a similar gap decades ago by giving the organization a language for its work. Legal is now doing the same, and adopting the right operating system can help make that contribution visible.

How does a Chief Legal Officer’s remit differ from a General Counsel’s in practice?

Titles vary by company, but the practical difference is scope. The 2025 ACC Chief Legal Officer Survey found that 70% of surveyed CLOs managed at least two areas beyond legal, including compliance, risk and privacy, ethics, or strategic transactions. A GC role can remain centered on legal advice and disputes, while a CLO mandate often carries governance accountability across adjacent areas.

At what point in an M&A process does legal involvement actually become strategic?

Legal adds the most value when it helps shape deal structure, risk appetite, and post-signing execution before terms are agreed. The ACC survey found that 58% of CLOs reported heavy involvement in M&A and other corporate transactions.

Which measures convince a CFO that legal is more than a cost center?

Measures tied to business outcomes rather than legal activity: time to launch, contract cycle time for revenue-generating deals, exposure avoided, transaction or audit readiness, and response time to regulatory change. Volume and spend describe effort; these measures describe effect, which is more useful in financial planning.

Can a small in-house team make this case, or does it require a large department?

Team size is only part of the picture. A small team that is consulted before a market entry or product launch can contribute strategically, while a larger department brought in after terms are set has less room to shape the decision. The key question is when legal is involved, not only how many lawyers are available.

Ana Aguirre
Author

Ana Aguirre

Content Marketing Manager at DiliTrust

Ana Aguirre is Content Marketing Manager at DiliTrust, with over 7 years of experience creating content across tech and SaaS. She's passionate about Legal Tech, following how the regulatory environment, including topics like CSRD, is reshaping legal teams' ways of working and technology choices. Ana is especially focused on how AI is transforming the legal function, from daily workflows to what's coming next for legal teams.