The Executive Hire Many High-Growth Companies Still Get Wrong

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Author: Anne Kerwin Payne

The way a company hires its first senior lawyer reveals a great deal about how it views legal itself. Businesses that see legal primarily as a safeguard often wait until complexity forces the hire. The companies that scale most effectively make a different decision: they appoint a legal executive early because they understand the role is not simply to manage risk, but to help the business grow intelligently.

Founders readily invest in exceptional leaders across engineering, product, finance, and go-to-market because they understand that those functions create leverage across the business. The strongest leaders eventually conclude that legal belongs in that same category.

Recent unicorn hiring patterns suggest that many high-growth companies have yet to reach that conclusion. We looked at 77 US venture-backed companies that reached unicorn status during the first half of 2026, only 24 currently have a General Counsel. Many are already operating internationally and building regulated products, yet fewer than one-third have formally appointed a senior legal executive.

Why High-Growth Companies Still Treat Legal as Reactive

Alongside patterns I have noticed across a score of senior in-house legal searches, it’s clear many growing companies view legal primarily as a reactive function rather than a strategic advantage. The first legal hire is expected to negotiate contracts, answer legal questions, and solve problems as they arise. That approach may work in the earliest stages of a company’s life, but it rarely supports the next stage of growth. In my experience, the best legal leaders are not simply lawyers. They are builders, operators, and business executives who happen to have legal training.

When “Not Ready for a General Counsel” Means the Opposite

One of the most common conversations I have with VC-backed founders is: “We’re not ready for a General Counsel.” What follows, however, is usually a description of exactly that role. They want someone who can advise the executive team, partner with product and engineering, negotiate sophisticated commercial agreements, oversee outside counsel, support fundraising, build compliance programs, and create the legal infrastructure needed to scale. In other words, they want their chief legal executive.

They simply don’t want to call the position General Counsel.

Why the General Counsel Title Matters

This has become increasingly common among growth-stage companies. Founders often worry that as the business grows (100 employees to 500, Series B to IPO), they may eventually need someone even more experienced. To preserve future flexibility, they assign titles such as Head of Legal or Director of Legal while expecting General Counsel-level leadership.

The concern is understandable. The unintended consequence is that experienced candidates immediately recognize the disconnect. Titles still matter within the legal profession because they shape future career opportunities. Boards and CEOs frequently look for executives who have already served as General Counsel. For many accomplished attorneys, earning that first GC title represents one of the defining milestones of their careers.

The Recruiting Cost of a Title–Responsibility Mismatch

When companies ask candidates to assume all of the responsibility of the organization’s senior legal executive without providing the corresponding authority or title, they often make recruiting significantly more difficult. Some exceptional candidates hesitate. Others simply opt out altogether. But the title itself isn’t really the point. The larger issue is how leadership views the legal function.

Legal as a Strategic Business Function

Companies that see legal as a strategic business function gain something far more valuable than legal advice. They gain another executive who improves decision-making, strengthens cross-functional collaboration, builds scalable infrastructure, and helps the organization grow with greater confidence.

The Hidden Cost of Waiting Too Long

After watching hundreds of companies scale, I’ve come to believe that one of the biggest missed opportunities isn’t hiring the wrong lawyer. It’s waiting too long to bring legal into strategic conversations, or limiting the authority of the person already performing that role.

By the time many organizations recognize they need a strategic legal executive, they’ve often accumulated unnecessary process debt, greater outside counsel costs, operational inefficiencies, and avoidable risk that could have been addressed much earlier.

A Better Question for Growing Companies

Companies often ask when they’re ready to hire a strategic legal leader. I believe that’s the wrong question. The better question is this: How much value are you leaving on the table by waiting? The highest-performing companies understand that legal isn’t simply there to protect the business.

At its best, legal accelerates better decisions, enables innovation, strengthens every function it touches, and gives leadership the confidence to move faster. The companies that recognize that early are often the ones that build the strongest organizations over the long term.

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