Off the dance floor and onto the balcony

Do lawyers make good non-exec directors?

Definitely, Gillian responds. They have breadth of vision, strategic thinking, and the ability to ask the difficult questions. However, she does temper that statement with the thought that it may depend on which law practice the lawyer has done. Ideally, she says, they should come from a discipline which has given them the breadth to see at close hand what makes businesses succeed – and what makes them fail. In that respect, she feels her corporate background was vital.

Having corporate experience is essential, Mike adds. He is aiming to bring his 40 years of experience in the corporate world, both in law and in business, to help apply that corporate knowledge in how the charity is run. “I hope I can add some value, to do good in the most effective way. I can draw on my knowledge and experience to help the charity solve whatever problems are thrown its way in a careful, measured way.”

What they shouldn’t be is risk-averse, both agree. “The type of lawyer who is welcomed to boards is one who is commercially minded, and not process-driven,” Mike says. “As I often say, boards want lawyers who get off the dance floor and onto the balcony.”

Gillian echoes this sentiment. “Boards need strategy and vision and don’t need nitpicking. The worst thing is a board member who says, ‘I don’t know, but I want the record to show that I don’t like it,’ because that’s no use to anyone.”

As well as her Cancer Research roles, Gillian is also a non-exec board member on the Earlham Genomics Institute, a trustee of American Friends of Cancer Research, a trustee of the National Trust for Scotland, and a member of Strategic Advisory Board of Cranfield School of Management.

Mike was also previously a NED of a travel company in Australia, Helloworld Travel (which proved particularly difficult during lockdown) and is also chairman of a CEO Circle group, a forum where CEOs can meet in confidence to talk through issues they are facing with others in the same boat. “It can be quite lonely, being a CEO, and this is a good outlet for many of them to be able to swap ideas with others,” Mike says.

Advice for others

For any lawyer thinking about taking on a non-exec role, both Mike and Gillian are absolutely clear: do your diligence on the business or charity or organisation that either they are keen to join or who have approached them. Find out who else is on the board and think about whether these are the type of people you feel you can work with.

When it comes to applying, your research should throw up issues that you think need resolving or challenges the company or charity faces. Go in with possible solutions once you are apprised of the issues, Mike advises, to show that you will be able to offer support or guidance. Don’t say, ‘I was a lawyer’ and assume that those interviewing you will be impressed, because they won’t, he adds.

Equally, beware of companies being impressed by the fact you are a lawyer and wanting to take you on because they think you will offer legal advice. What they might be doing, says Gillian, is trying to get a lawyer on the cheap, in other words wanting you as a NED to do the role of general counsel. “When you scratch the surface, you sometimes realise they want a general counsel, but they don’t want to pay for one. So beware!” she cautions.

Gillians finishes with advice that she picked up from another NED, who told her that people take a non-exec role for one of three reasons. One was they needed the money (not a good reason). The second was for the kudos, but, with growing liability attached to NEDs, you should be careful what you wish for. And the third, and Gillian believes the only valid reason, is that you like and respect the organisation and the individuals within it. Gillian says: “If you stick to that mantra, you – hopefully – can’t go wrong!”