In theory, it makes great sense—general counsel have the skill set to make terrific members of a corporation's Board of Directors. By virtue of their professional training and analytical approach, general counsel possess traits that are in high demand by boards. Board service may also increase a GC's credibility within the organization. Yet in practice, it makes less than great sense—complicating the general counsel's practice, bumping up against the Rules of Professional Conduct, and severely compromising the general counsel's independence.
But even if the answer is "no thanks," the debate about the propriety of board service serves a valuable governance benefit, to the extent it may prompt board-level discussion on ways in which the input, stature, and profile of the general counsel can be strengthened within the organization.
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