I am inquiring about the practice of a corporation using a law firm while a partner of that firm sits on the board of the corporation.
For many years, it has been common practice for law firms to get their partners on corporate boards with hopes of having the company’s legal work flow back to the firm. I have heard that the tide is turning and governance experts are questioning the practice, indicating that the partner/director is no longer independent and the corporation may be waiving its solicitor-client privilege. I understand that for this reason, some corporations have put policies in place such that no legal work can flow to a partner’s firm while the partner remains a director, while others have required the partner/director to be excused from board discussions that could result in the company incurring legal fees (eg – merger discussions, etc.).
Are you aware of this practice? Do you have such measures in place?
Thank you.