Interviewed for our annual in-house report, general counsel at leading companies give us their views on diversity, ethics and joining the c-suite
LOOKING GOOD
‘When I was a young lawyer, I remember working with an outside counsel and I said to him: “What’s your job versus my job?” He said: “My job is to make you look good.” My thoughts at the time were that there has to be more to it than that, but for firms that have focused on that mission, there’s been an upside for me and them. Those with no clue, who are just looking to build their book of business, have not fared well with me.’
Wanji Walcott, senior vice president, managing counsel, American Express
DIVERSITY MATTERS
‘In the early version of our [sole adviser] agreement with Eversheds we had a bonus provision driven by their diversity. It’s difficult trying to tell people how to run their own business. Ultimately, it comes down to a certain level and quality of service. It’s nice to know they understand the importance of diversity, as we do. But we won’t change law firms based purely on their diversity record.’
David Symonds, vice president, regional general counsel EMEA, Tyco International
LAW OF ETHICS
‘The role of the general counsel doesn’t need redefining. In-house legal teams clearly, ultimately, have an absolute responsibility to behave ethically. I don’t think that will change. There are occasions where people have failed in their duty and that’s a salutary reminder that we mustn’t fall into the trap. Perhaps people feel more pressure when they become true partners of the business, but this doesn’t alter their fundamental responsibility – to help the business achieve its goals.’
Oscar Grut, group general counsel and company secretary, The Economist Group
SEAT AT THE TABLE
‘It is important to be part of the senior executive team. It enables you to understand the organisation’s strategic objectives and have sight of what is going on. If you don’t have a seat at the boardroom table you don’t necessarily understand the key priorities, sensitivities, or get the holistic picture – and this can make you less effective as an adviser. Reporting to the board through the finance or HR director can also be a problem as sometimes your advice is translated by them and there can be a misunderstanding or bias. Having a board seat, and being able to participate at a senior level by providing unbiased legal advice, and sometimes acting as the organisation’s conscience, is key.’
Catherine Dixon, chief executive, The Law Society
RECIPE FOR SUCCESS
‘We have been a demanding but fair client. We haven’t tolerated hourly rates for a long time. Law firms need to be able to show value. We don’t just want firms to tell us what the law is, but apply it to the knowledge we give them about our business, so it’s bespoke and we get a solution to implementing it. I want a commercial mindset: there’s no point dealing with advisers who aren’t. We need a strong association and understanding of our sectors, and the ability to speak the technical language of our sectors. They need the capacity to deal with our expectations, having the right people available at the right time. Culturally they should be aligned with us, knowing where we stand on issues.’
Vivienne King, outgoing group general counsel and director of business operations, The Crown Estate
DUE PROCESS
‘With innovation we are not talking about something that’s a massive game changer, it’s just about doing things that are a bit more purposeful and can inform the decisions we have to make rather than presenting bland legal advice. If I ask for some data, what I don’t want is someone to send a spreadsheet for me to interrogate. I’d rather one of our firms try and look into the data themselves to distil the information for the both of us.’
Stuart Kelly, deputy group general counsel, Network Rail
CRIME WAVE
‘From a more technical legal perspective, there has been a greater chance that there will be more corporate criminality. The mood music is to expand the areas in which the corporate entity can be criminally liable and as that thinking develops there will be quite a lot of work for in-house teams to make sure we have got the right systems and controls in place.’
Charlotte Heiss, head of group legal, RSA
STAYING INDEPENDENT
‘If you’re a qualified lawyer your first duty is to the court. Are you becoming too much the corporate beast and will [you] subsequently react and advise based on your corporate objectives? If you’re that sort of lawyer, you will always be that way. If I can’t win the debate with my corporate colleagues and advise against something, I shouldn’t end my advice there – I should say “you can do it this way”. If they don’t take me seriously, my board need a new general counsel.’
Andrew Garard, group general counsel and company secretary, ITV
NOWHERE TO RUN
‘In-house was seen as the safer option in the past, now it’s for those who are more up for the risk. Unless you’re in a huge legal team – a bank or utility – most in-house roles are very short term because to progress career-wise, you need to move on. There’s so much demand in private practice. There’s nowhere to hide in-house.’
Daniel Toner, general counsel and group company secretary, Spire Healthcare