Working as General Counsel for a public institution has given me a front-row seat to the challenges that come with managing risk and liability. Public institutions, whether they are schools, local governments, or other agencies, operate in an environment full of rules, regulations, and responsibilities. Mistakes or oversights can have serious consequences, not just legally but for the people who rely on these institutions every day. Over the years, I have come to understand that effective risk management is about more than avoiding lawsuits. It is about creating safe, efficient, and trustworthy organizations.
What Risk Management Means
Risk management is often thought of as a purely legal or financial function, but in practice, it is much broader. It involves identifying potential problems before they happen, planning for how to respond, and taking steps to minimize negative outcomes. In public institutions, risks can come from many sources. They may be operational, like a safety issue in a school building. They may be financial, such as improper use of public funds. They may also be reputational, affecting the trust that the community places in the institution.
The goal of risk management is to prevent problems, but it also prepares organizations to respond effectively when issues arise. Being proactive saves time, resources, and, most importantly, protects the people who depend on public institutions.
Legal Liability in Public Institutions
Liability is the legal responsibility that an institution may face if it fails to meet certain standards or duties. In public institutions, liability can take many forms. For example, a school district may be held responsible for accidents on campus, failure to comply with education laws, or negligence in hiring and supervision. Local governments may face liability in matters ranging from infrastructure maintenance to public safety programs.
Understanding potential liability is a critical part of my role. It requires careful attention to laws, regulations, and court decisions. But it also requires an understanding of the practical realities of running public institutions. Legal rules provide the framework, but effective risk management is about applying those rules in ways that make a tangible difference.
Lessons from Public Schools
In my current role working with public schools, I see the practical impact of risk management every day. School buildings, playgrounds, buses, and extracurricular activities all carry inherent risks. Ensuring safety requires careful planning, ongoing training, and constant vigilance. It also requires balancing resources with the needs of students and staff.
Liability in schools is not always straightforward. Sometimes the law is clear, but other times it is subject to interpretation. In those cases, effective risk management relies on judgment, experience, and a commitment to doing what is right for students and the community. Being proactive in identifying and addressing risks is always more effective than responding after a problem has occurred.
The Role of Legal Counsel
Legal counsel plays an important role in guiding risk management, but the work is collaborative. I work closely with administrators, staff, and community stakeholders to identify potential risks, develop policies, and provide training. My goal is not only to protect the institution from legal exposure but also to support its mission and ensure that it serves the public effectively.
Effective counsel requires both legal knowledge and practical insight. Understanding the law is essential, but so is understanding the daily operations and challenges faced by public institutions. The most successful risk management strategies are those that integrate legal compliance with operational realities.
Risk management and liability will continue to be critical concerns for public institutions. Changes in laws, regulations, and societal expectations mean that organizations must stay vigilant and adaptive. Technology, budget constraints, and emerging safety issues will continue to create new challenges.
For me, the key is maintaining a proactive mindset. Identifying potential risks, training staff, documenting procedures, and fostering a culture of accountability are not one-time tasks. They are ongoing commitments. When done correctly, they protect the institution, its employees, and the public it serves. They also help create an environment where people feel safe, supported, and confident in the organization’s mission.
In the end, risk management is about more than avoiding legal trouble. It is about creating a strong, responsible, and trustworthy public institution. By focusing on prevention, preparation, and ethical practices, we can ensure that these organizations continue to serve their communities effectively and responsibly.