Top HSBC Lawyer On the Limits of Lockdown and the Evolution of the GC

The largest banks in the world have not been immune to the devastation wrought by the coronavirus. Just last month, HSBC was on the brink of cutting 35,000 jobs.

For senior in-house lawyers like HSBC’s deputy general counsel, Alex Robinson, the pandemic has led to a sharper focus on issues like staff wellbeing and tech. And with the lockdown pervading every aspect of working life, Robinson believes that the need for virtual interactions among colleagues is crucial, but that they cannot replace in-person contact forever.

He talks to Law.com International about the challenges of leading a large team of lawyers in these times, how tech has transformed his role, and the impact of climate change on an evolving banking landscape.

How has COVID-19 affected your team? 

The team has been remarkably resilient – with Zoom and other technology working well. We have regular group calls, support each other and we have become much more open about how we engage across the team. I think we will need to collectively consider new approaches and how we continue to best serve our clients – ensuring also that we are fully connected to the business.

I increasingly look to our panel firms to use artificial intelligence 

GCs are having to be more mindful of our soft skills with colleagues to ensure wellbeing, and  our more enterprising and innovative selves so that we can continue to be relevant.

What do you miss most about the office? 

I miss the informal interaction, where you can give and receive more instant information and advice on things that are going on. I don’t have things set up at home in the same way I do at the office, or the facilities, such as a gym. I also miss the more social interaction with colleagues.

I think wherever we end up post lock-down, a reason working from home currently works is that relationships with colleagues have been built and are founded on much more regular in person interaction, in some cases over many years.

We will need to find ways to ensure some of that can continue so that colleagues can build trust and support among each other, while also allowing for a more agile and flexible approach to how we work.

How has your role as GC changed since you started?  

When I first became a GC, we did not have technology available to us to curate knowledge assets, data mine for documentation reviews or tools to support workflow. Teams are larger now than they were before and we need to demonstrably show value to the business, that lawyering in-house is more cost effective and efficient than outsourcing.

We are seeing legal consultants who focus on risk and process, and the rise of legaltech to further support what we do.

What legal tech are you using? 

We use an external restricted cloud based knowledge and template management system for our global legal function within HSBC, which I and others introduced and launched through the bank a few years ago.

I increasingly look to our panel firms to use artificial intelligence and to lock in the efficiencies for us in the same way we are expected to internally. Some firms have provided excellent AI tools to undertake legal due diligence for investment products, and to manage regulatory compliance particularly in relation to cross border sales requirements.

What are some key issues facing the banking sector?

Perhaps of most immediate urgency is climate change. Environmental, social and corporate governance issues have become mainstream, and how asset managers vote will be something that can be easily scrutinised in the public domain as a result of the Shareholder Rights Directive. Further regulatory reforms relating to investment suitability and appropriateness will mean investors will be able to take more informed decisions around how they invest factoring in sustainability outcomes.

Perhaps of most immediate urgency, however, is climate change; how asset managers will be held to account for their investment voting practices is important.

Asset management is going through a seismic change. How many retail investors had heard of many of the big passive investors ten years ago? There have also been big shifts to increased alternative fund investing, and a focus on debt funds to fill financing gaps.

There has been significant regulatory change following the 2008 financial crisis, and increased coordinated regulatory coordination, not least in relation to consumer protection and fair value.

How we manage and use data is hugely important from a customer protection perspective and to inform investment decision making and process.

In the U.K., the potential for a hard Brexit from a financial services perspective at the end of the year will be important.

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