Why aren't there more lawyers on boards?

The UK should follow the US's example.

A report studying the rise of so-called "lawyer directors" in the USA Today came to my attention recently. The academic study found that lawyers have become increasingly prevalent on corporate boards; as of 2009, 43 per cent of US companies had lawyer directors on their boards; rising from 24 per cent back in 2000. Indeed the authors of the paper opine that a company with a lawyer on its board has a corporate value typically 9.5 per cent higher than a company without and empirically performs better.

Appointing lawyers onto boards helps to reduce external legal risks whilst also improving internal corporate governance. In the USA there is a dawning realisation that lawyers make valuable board-level directors, as the statistics attest, and a cultural shift is well and truly underway.

In the UK however the boardroom narrative is markedly different. There are only 14 lawyers acting in any capacity on the boards of the FTSE 100 and only 20 qualified lawyers currently on boards of the FTSE 250. Very few general counsels or partners of law firms are making the step up to boardroom level and it begs the question, why this disparity between the US and UK? It is clear that there is a negative mindset amongst CEOs and chairmen of public companies in the UK concerning lawyers serving as executive or non-executive directors on boards. Part of this apprehension stems from the notion that lawyers are skilled craftsmen but not capable of managing businesses nor bringing anything other than endless polemic to boardroom discussions. There also exists a misconception that Limited Liability Partnerships (LLPs) are run as siloed businesses, but in today’s globalised business world large law firms are increasingly run in a form very similar to those of public companies, therefore partners are increasingly required to possess managerial skills to run an LLP successfully. Take my own career as a prime example; as Co-Chief Executive of DLA Piper I have not practiced law for years – my role is strategic and managerial, focussed on the day to day business of developing a global law firm.

The notion that lawyers do not possess the requisite skill set to sit on boards is a patent farce.  I would argue that lawyers have a lot to offer beyond their self-evident legal expertise (whilst not denigrating this offering). Most lawyers generally have the vitally important ability to absorb vast reams of complicated and granular information. Not only does this enable he or she to then précis this information into a clear 'big' picture, it is an essential skill for any board level non-executive (or executive) if he or she is to offer any value-enhancing interpretation of the business.

However at present, deconstructive analysis and corporate governance scrutiny is not always what a UK CEO looks for when considering the makeup of his or her board. Perhaps it is time that public companies started to consider more carefully the benefits of appointing analytical thinkers with a risk-averse and best practice approach to corporate governance. A lot of companies could do with a little more probity of that ilk. Lawyers seeking board level appointments must for their part look to expand their exposure to boards of all kinds, be they businesses, schools, local councils or charities, in order to gain more people management experience and learn to think less like a lawyer and more like a business person. Perhaps then we shall see more lawyers on boards and a cultural shift akin to the US will manifest itself here in the UK.

Photograph: Getty Images

Co-CEO of DLA Piper

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Theresa May's offer to EU citizens leaves the 3 million with unanswered questions

So many EU citizens, so little time.

Ahead of the Brexit negotiations with the 27 remaining EU countries, the UK government has just published its pledges to EU citizens living in the UK, listing the rights it will guarantee them after Brexit and how it will guarantee them. The headline: all 3 million of the country’s EU citizens will have to apply to a special “settled status” ID card to remain in the UK after it exist the European Union.

After having spent a year in limbo, and in various occasions having been treated by the same UK government as bargaining chips, this offer will leave many EU citizens living in the UK (this journalist included) with more questions than answers.

Indisputably, this is a step forward. But in June 2017 – more than a year since the EU referendum – it is all too little, too late. 

“EU citizens are valued members of their communities here, and we know that UK nationals abroad are viewed in the same way by their host countries.”

These are words the UK’s EU citizens needed to hear a year ago, when they woke up in a country that had just voted Leave, after a referendum campaign that every week felt more focused on immigration.

“EU citizens who came to the UK before the EU Referendum, and before the formal Article 50 process for exiting the EU was triggered, came on the basis that they would be able to settle permanently, if they were able to build a life here. We recognise the need to honour that expectation.”

A year later, after the UK’s Europeans have experienced rising abuse and hate crime, many have left as a result and the ones who chose to stay and apply for permanent residency have seen their applications returned with a letter asking them to “prepare to leave the country”, these words seem dubious at best.

To any EU citizen whose life has been suspended for the past year, this is the very least the British government could offer. It would have sounded a much more sincere offer a year ago.

And it almost happened then: an editorial in the Evening Standard reported last week that Theresa May, then David Cameron’s home secretary, was the reason it didn’t. “Last June, in the days immediately after the referendum, David Cameron wanted to reassure EU citizens they would be allowed to stay,” the editorial reads. “All his Cabinet agreed with that unilateral offer, except his Home Secretary, Mrs May, who insisted on blocking it.” 

"They will need to apply to the Home Office for permission to stay, which will be evidenced through a residence document. This will be a legal requirement but there is also an important practical reason for this. The residence document will enable EU citizens (and their families) living in the UK to demonstrate to third parties (such as employers or providers of public services) that they have permission to continue to live and work legally in the UK."

The government’s offer lacks details in the measures it introduces – namely, how it will implement the registration and allocation of a special ID card for 3 million individuals. This “residence document” will be “a legal requirement” and will “demonstrate to third parties” that EU citizens have “permission to continue to live and work legally in the UK.” It will grant individuals ““settled status” in UK law (indefinite leave to remain pursuant to the Immigration Act 1971)”.

The government has no reliable figure for the EU citizens living in the UK (3 million is an estimation). Even “modernised and kept as smooth as possible”, the administrative procedure may take a while. The Migration Observatory puts the figure at 140 years assuming current procedures are followed; let’s be optimistic and divide by 10, thanks to modernisation. That’s still 14 years, which is an awful lot.

To qualify to receive the settled status, an individual must have been resident in the UK for five years before a specified (although unspecified by the government at this time) date. Those who have not been a continuous UK resident for that long will have to apply for temporary status until they have reached the five years figure, to become eligible to apply for settled status.

That’s an application to be temporarily eligible to apply to be allowed to stay in the UK. Both applications for which the lengths of procedure remain unknown.

Will EU citizens awaiting for their temporary status be able to leave the country before they are registered? Before they have been here five years? How individuals will prove their continuous employment or housing is undisclosed – what about people working freelance? Lodgers? Will proof of housing or employment be enough, or will both be needed?

Among the many other practicalities the government’s offer does not detail is the cost of such a scheme, although it promises to “set fees at a reasonable level” – which means it will definitely not be free to be an EU citizen in the UK (before Brexit, it definitely was.)

And the new ID will replace any previous status held by EU citizens, which means even holders of permanent citizenship will have to reapply.

Remember that 140 years figure? Doesn’t sound so crazy now, does it?

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