RoleTitle: Senior Legal Counsel
Newor Existing Role? Existing
- To provide professional contracts negotiation drafting and legal advice in respect of strategic sourcing projects (including outsourcing) with third party suppliers of goods and services, across all Global Businesses and Global Functions, including:
- leading negotiations on complex, global IT and outsourcing contracts;
- drafting and reviewing complex, global IT and outsourcing contracts;
- advising and interacting with a range of senior project stakeholders and risk domain owners;
- advising on risk and key legal matters with senior project decision makers for the project and in the wider responsible Global Business or Function.
- To provide legal advice, guidance and support to ensure that the Group’s exposure to legal risk through its engagement with third parties on strategic sourcing projects for third party goods and services is managed.
- To deliver a responsive service to the relevant Global Function or Global Business, working closely with Procurement and relevant Risk Domain stakeholders.
- To support the AGC Strategic Transactions Team, HOST Legal to drive transformational change in:
- the management of legal support to strategic sourcing (including outsourcing) projects globally (including setting Group Policy and procedures);
- the reporting of legal risks across strategic sourcing (including outsourcing) projects globally (including setting new reporting methodologies, tools and standards).
- To manage and supervise External Counsel teams working on strategic sourcing (inc. outsourcing) projects.
- Proactively assist the AGC Strategic Transactions Team, HOST Legal to manage the strategic sourcing (inc. outsourcing) projects workload.
- Provide support to the AGC Strategic Transactions Team , HOST Legal in resource capacity management (including management of internal and external resource) for strategic projects support.
- Be considered a trusted adviser to the relevant Global Business/Global Function Project Team by providing commercially sensitive, pragmatic and practical legal support and advice in a cost effective manner.
- Proactively partner with the relevant Global Business/Global Function Project Team to help indentify and effectively manage legal risks in the project.
- Deliver proactive, effective and responsive legal advice to Global Business/Global Function Project Team as necessary for the drafting and negotiation of the project contracts/agreements with third party suppliers.
- Provide training and development to Global Business/Global Function Project Teams on legal, contractual and policy matters relating to outsourcing and strategic sourcing arrangements to improve understanding of contract risks/issues and strategies for reducing risk.
- Provide prompt, commercial, practical and high quality legal advice to relevant Global Business/Global Function’s Project Teams.
- Be proactive in the provision of legal support and in advising the Project Team promptly of material legal developments on or impacting a project and their implications.
- Ensure Global Business/Global Functions are fully briefed on major issues arising in the area of strategic sourcing and outsourcing and major legislative changes.
- Build and maintain positive and effective relationships with panel law firms and other appropriate external parties.
- Ensure AGC Strategic Transactions Team , HOST Legal/Global Head of HOST Legal/Group Legal are fully and regularly briefed on all relevant issues.
- Ensure top and emerging risks / trends in strategic sourcing and outsourcing are reported, liaising with the HOST Legal Head of Risk & Oversight.
- Drive and support a high performance, customer focused culture within the Strategic Transactions Team (including within outsourced solutions providers and External Counsel), ensuring that operational delivery of the legal service is managed efficiently and customer expectations are managed.
- Provide guidance and supervision to the wider HOST Legal team in relation to strategic sourcing and outsourcing contract structuring, drafting, negotiation and regulatory or legislative matters pertaining to the same.
- Participate effectively as part of the Global HOST Legal Team and maintain and develop positive and professional working relationships with all team members across the Group.
- Establish and develop a strategy for the co-ordination and promotion of initiatives that result in the sharing of legal knowledge and best practices across the Global HOST Legal Team and the Global Legal Function.
OperationalEffectiveness & Control
- Provide legal services in a cost-effective manner.
- Co-ordinate and manage the approach to legal risk to ensure that the interests of the HSBC Group are adequately protected.
- Assist Project Teams to remain compliant with legal risk management requirements set out in the Group Standards Manual and Legal FIM.
- Assist AGC Strategic Transactions Team , HOST Legal to create and maintain the approved contract documentation in conjunction with Group/Local Legal functions (including templates, clause banks, risk summaries, etc).
- Assist AGC Strategic Transactions Team , HOST Legal to ensure the wider strategic transactions team (including outsourced providers and External Counsel as well as colleagues in other legal teams) is using the approved contract documentation in conjunction with Group/Local Legal functions.
- Ensure that approved template contract documentation is used as extensively as possible for strategic projects. Where such documentation cannot be used, ensure alternative contract documentation is properly reviewed in accordance with HOST Legal policy.
- Maintain up to date records of all forthcoming strategic projects contracting activity aligned to relevant pipelines.
The diverse responsibilitiesof the job and the number of jurisdictions in which HSBC operates, requires thejob-holder to:
- Effectively manage an extensive and varied pipeline of major complex projects contract support, most often global in scope.
- Understand complex, often technical user requirements in relation to services required to meet business needs.
- Constantly adapt working styles to meet complex and varied workloads.
- Prioritise workloads in terms of legal and business risk and commercial consideration.
- Handle a high volume of contracts of a complex nature and exercising sound judgment in dealing with the changing legal framework affecting contracts.
- Establish and maintain relationships with various stakeholders, across multiple geographies and cultural diversities.
- Maintain a detailed knowledge of HSBC Group operations and policies.
- Ensure that project teams act in compliance with bank and departmental policies and procedures
- Think independently and act on one’s own counsel, being mindful of always providing pragmatic and commercial advice.
- Succesfully manage self and others to deliver legal support to projects on time and on budget.
- Be alert to external legal, political and regulatory considerations and implications.
- The role-holder must respond to and provide solutions and quality legal advice for numerous diverse and complex contracts across various areas of spend, that represent various different risks, always ensuring any legal risks are mitigated%5Cavoided.
- The role holder will be expected to act with a autonomy.
- The role holder is expected to take their lead and steer from the Associate General Counsel to drive governance and change delivery for risk management within the HOST Legal Function
- The role holder is expected to take their lead and steer from the Operations Manager to drive governance and change delivery for operations within the HOST Legal Function
- The nature of the role requires close working relationships with many areas of the bank and across all geographies
- The role will be responsible for the management of, legal supervision of and the operational effectiveness of a mixed team of Legal Counsel external counsel and other outsourced providers, ensuring that internal customer requirements are managed responsibly and expectations managed effectively.
- The role-holder must act as a role model to HOST Legal and procurement
- Have you ovide advice and guidance to other members of the HOST Legal team in relation to transaction support, regulatory and legislative issues.
- The role-holder will need to interface with other bank and departmental policy holders at Group and local level as necessary to ensure that all project activity is conducted in accordance with the appropriate policies and procedures contained within the GSM and relevant FIMS.
- HOST is responsible for the all of the IT systems and operations of the Group and there are currently over 100,000 employees working within HOST across the Group. HOST and the Global Functions are responsible for the Group’s annual USD13-15bn spend on third party supply arrangements.
- The legal risk and challenges for HOST and the Global Functions are significant and growing given the greater regulatory focus on the operations and systems of the bank and the greater dependency of the Group on technology. The risks are particularly acute in the context of third party supply contracts and the Group’s divestment activity.
- The role-holder will continually reassess the operational risks associated with the role and inherent in the business, taking account of changing economic or market conditions, legal and regulatory requirements, operating procedures and practices, management restructurings and the impact of new technologies.
Observationof Internal Controls
- The jobholder will also adhere to and be able to demonstrate adherence to internal controls. This will be achieved by adherence to all relevant procedures, keeping appropriate records and, where appropriate, by the timely implementation of internal and external audit points, including issues raised by external regulators.
- The jobholder will implement the Group compliance policy by containing compliance risk in liaison with Global Head of Compliance, Global Compliance Officer, Area Compliance Officer or Local Compliance Officer. The term ‘compliance’ embraces all relevant financial services laws, rules and codes with which the business has to comply.
- This will be achieved by adhering to all relevant processes/procedures and by liaising with Compliance department about new business initiatives at the earliest opportunity. Also and when applicable, by ensuring adequate resources are in place and training is provided, fostering a compliance culture and optimising relations with regulators
Knowledge& Experience / Qualifications
- Skillful contracts negotiator
- Previous team management and supervision experience, including managing external counsel – preferred
- Qualified lawyer with relevant post qualification experience across all IT and non IT categories including but not limited to marketing, communications, corporate real estate, banking operations, business process outsourcing, HR outsourcing, IT software and hardware development, implementation, licensing, etc, and professional services procurement.
- Previous experience of managing and negotiating global transactions
- Experienced, pragmatic and confident practitioner
- Up-to-date knowledge of developments in Finance & Banking sector
- Able to handle and supervise others dealing with a diverse range of issues, both legal, commercial and operational
- Self starter, independent with good organisational skills
- Demonstrable communication, stakeholder management and inter-personal skills
- Lateral thinking/problem solving
- Stamina and ability to work under pressure
- Experience of working across various cultures
- Multiple language skills and experience in a non-UK jurisdiction an advantage
Underthe Company's internal 'Back to Front'/’Front to Back’ transfer policy thisrole may be classed as High Risk. As a result, internal candidates may requireenhanced approvals and vetting checks if they are currently employed in a FrontOffice department, or if they have worked in a Front Office department withinthe last 5 years (please refer to the HR FIM definition for further guidance).
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Wewant everyone to be able to fulfil their potential which is why we provide arange of flexible working arrangements and family friendly policies.