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Ex-Dechert partner to settle ‘spying’ claim against former client

Neil Gerrard reportedly agrees compensation deal that leaves former firm on the hook for costs

A former partner in the London office of US giant Dechert has reportedly agreed to settle a legal action against a former client he had accused of being involved in spying on him.

Neil Gerrard and his wife will receive £22,500 but Dechert will be on the hook for costs possibly running to six figures, the Financial Times reports.

Gerrard has been in a bitter legal tussle for years with mining company ENRC, which he did work for while at DLA Piper and then Dechert.

The company is suing both him and Dechert for negligence over Gerrard’s role carrying out an investigation into alleged fraud within ENRC. A marathon High Court hearing in the case, which has also dragged in the Serious Fraud Office, took place between May and September this year. Judgment is awaited.

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Gerrard struck back by accusing ENRC of hiring corporate investigators to snoop on him and his family to gather information for its case against him.

His trespass and privacy case alleged that former intelligence officers planted cameras at his home and tried to spy on a family holiday in the Caribbean.

But the case is now poised to settle, subject to a judge’s sign-off. Documents circulated to the legal press reportedly show that Gerrard will receive £2,500 and his wife £20,000, but that ENRC and the corporate investigators are in line for a large contribution to their legal costs.

ENRC said: “We are pleased that the Gerrards’ hopeless claim has now been abandoned, although regrettably it has dragged on for two years with hundreds of thousands of pounds wasted by Dechert in funding Mr Gerrard’s campaign”.

A Dechert spokesperson declined to comment.

Secure your place: The November 2021 UK Virtual Law Fair

The post Ex-Dechert partner to settle ‘spying’ claim against former client appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/former-dechert-partner-to-settle-spying-claim-against-former-client/

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Law student marries princess ‘but fails bar exam’

Mixed few days for Kei Komuro

Kei Komuro and the former Princess Mako of Japan images via Wikimedia Commons (宮内庁 and Kounosu1)

It’s been a mixed few days for law student Kei Komuro, who married a princess from one of the oldest monarchies in the world but reportedly failed the New York bar exam just days later.

Their marriage has the trappings of a modern fairytale; Komuro, the ‘commoner’ son of a single parent, wed the former Princess Mako of Japan in a ceremony last Tuesday and in so doing she renounced her royal status as required of women under Japanese law. The couple, both 30, were initially planning to live off his salary as a lawyer in New York.

Yet, reports over the weekend claim that Komuro failed to pass the NY bar exam he sat earlier this year. They claim his name does not appear in the latest pass list released by the exam’s organiser on Friday, just days after their marriage.

Of the 9,227 people who took the test, 5,791 passed, according to the examination board.

Secure your place: The November 2021 UK Virtual Law Fair

He’s expected to retake it, according to sources, possibly in February, and those who wish to sit the February exam must submit an application in November.

The couple, who met during their studies, were married last week in a registry office in Tokyo after the nuptials had been delayed for nearly three years. As a departing royal, the former princess was entitled to a one-off near million-pound payment, but is said to have refused the sum.

Komuro works as a law clerk in the New Jersey office of Lowenstein Sandler having graduated from Fordham University’s law school with a Juris Doctor degree in May.

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The post Law student marries princess ‘but fails bar exam’ appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/law-student-marries-princess-but-fails-bar-exam/

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Stephenson Harwood to offer lawyers electric car perk

New initiative available through salary sacrifice with money firm saves put towards other green initiatives

Eco-conscious aspiring lawyers will be pleased to hear Stephenson Harwood will soon be offering staff a new perk that allows them to lease an electric car at an “affordable” rate.

Employees in the commercial law firm’s City of London office will be able to configure a new electric car — complete with insurance, road tax, replacement tyres, routine servicing and maintenance, as well as breakdown cover — for a fixed monthly amount from next year.

The initiative is available through salary sacrifice; an arrangement where an employee can choose to reduce their salary in return for a non-cash benefit.

The firm said that as a result of the income tax and national insurance savings which apply under such an arrangement that leasing a vehicle in this way “make it better value than a normal private lease agreement for our people”. It will also put any money saved on its own NI contributions towards other green initiatives.

The 2022 Legal Cheek Firms Most List

Axel Koelsch, chief operating officer at Stephenson Harwood, who had the idea for the e-car benefit, said: “We were looking for a way for everyone to be able to participate and do something tangible. Historically, many of the steps law firms have taken on the environment have been either invisible to staff — like heating system optimisation — or tokenistic. We know that the key drivers for carbon dioxide usage are buildings and transport. We’re doing a lot of work with our aviation, shipping and rail clients to help them keep goods moving in a sustainable way that aligns with the COP26 goals. Offering our people an accessible and affordable option for leasing an electric car felt like a great benefit to provide.”

Stephenson Harwood achieved carbon neutral status in the London office in 2019 and is working towards net zero and reducing its carbon emissions by 50%.

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The post Stephenson Harwood to offer lawyers electric car perk appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/stephenson-harwood-to-offer-lawyers-electric-car-perk/

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Virtual student event TODAY: Life as a trainee — with Reed Smith

Tuesday 2 November, 4pm to 6pm, taking place virtually

Join us on the afternoon of Tuesday 2 November for an event with Reed Smith’s graduate recruitment team and trainees.

The virtual event kicks off with a talk from Holly Allen, graduate recruitment manager at Reed Smith, who will answer students’ questions about training at the firm. There will then be a panel discussion with the firm’s trainees about the work that they do on a typical day and how they went about securing a training contract at one of the City’s leading law firms.

Date: Tuesday 2 November 2021 Time: 4pm to 6pm Location: Virtual event Level: Students, Graduates

Reed Smith is especially strong on secondments and some of the trainees who have spent time working with big-name clients will also share their experiences.

The speakers

• Holly Allen, graduate recruitment manager • Nadia Macci, trainee solicitor • Olivia May, trainee solicitor • Alex Pierce, trainee solicitor

After the panel discussion there will be virtual networking with the speakers.

Apply to attend now.

The post Virtual student event TODAY: Life as a trainee — with Reed Smith appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/virtual-student-event-tomorrow-life-as-a-trainee-with-reed-smith-2/

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Ashurst to offer course in imposter syndrome

City firm looks to help aspiring lawyers set broader definitions of ‘success’ and ‘accomplishment’

City law firm Ashurst has launched a new online course that aims to help aspiring lawyers overcome feelings of imposter syndrome.

The new module — which forms part of the firm’s virtual work experience programme — will introduce students to the “phenomenon of self-doubt and imposter feelings and its connection to social identity”.

The free programme, dubbed ‘You are Extraordinary’, also aims to help solicitor hopefuls develop a broader definition of “success” and “accomplishment” which goes beyond traditional measures such as exam results and training contract offers.

It will feature a mix of video presentations and workshops, and consists of five hypothetical tasks that help students understand and learn how to manage feelings of self-doubt and imposter feelings.

The firm says it will also help participants identify their own personal achievements and unique strengths as well as teach them to speak positively about their successes in vac scheme and TC interviews.

“We want people to be as prepared as possible when starting their career journey, so have developed this programme to help emerging talent develop their best sense of self and feelings of confidence,” Carolyn O’Connor, HR manager, national early careers programmes at Ashurst, said. “In addition to creating a degree of anguish and self-doubt, imposter feelings may in some cases limit professional choices or career advancement if they are not confronted.”

Secure your place: The November 2021 UK Virtual Law Fair

The launch of the module comes as a poll of Legal Cheek readers found that over two-thirds (77%) of respondents had suffered from imposter syndrome.

Andrea Bell, chief people officer at Ashurst, added:

“We are proud to have a strong culture of support for social impact and enhancing social mobility at Ashurst, and our complimentary virtual learning programmes are just one example of the many ways we can ensure that talented young people have the opportunity to upskill and succeed regardless of background.”

The post Ashurst to offer course in imposter syndrome appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/ashurst-to-offer-course-in-imposter-syndrome/

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Mishcon fined £25k over football agent fees

Breached account rules

Mishcon de Reya’s London office

London law firm Mishcon de Reya has been fined £25,000 for allowing multi-million-pound payments to be made through its client account to agents involved in football transfers.

The Solicitors Disciplinary Tribunal’s (SDT) sanction came after the firm admitted four breaches of account rules relating to transactions between 2011 and 2015. The firm had denied a fifth breach, but this was found proven by the tribunal.

It was previously reported the payments were made to individuals who could stop transfers from going ahead. Solicitors’ rules stipulate money flowing through a law firm’s account must relate to legal services.

Secure your place: The November 2021 UK Virtual Law Fair

Responding to the tribunal’s ruling, a firm spokesperson said it continues to make “robust efforts to ensure compliance with our regulatory requirements” in what they described as an “ever-evolving regulatory landscape”.

They continued: “Any findings are of course most unfortunate, and the firm must and will pay heed to them in our process of continuous improvement, but there is no suggestion of any wrongdoing beyond these limited findings.”

Meanwhile one of Mishcon’s former partners, Liz Ellen, was cleared of allegations that she “caused or allowed” the firm’s client account to be used as a banking facility. In reaching its decision, the tribunal noted the sports law specialist was “relatively junior” at the time and “had no power to authorise the payments”.

In a statement Ellen’s solicitor said: “Ms Ellen welcomes the tribunal’s decision, dismissing the allegation made against her. The matter dates back over ten years when Ms Ellen was a junior solicitor working under the direct supervision of experienced partners at the firm. She has and always will continue to take her regulatory obligations seriously.”

The 2022 Legal Cheek Firms Most List

The post Mishcon fined £25k over football agent fees appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/mishcon-fined-25k-over-football-agent-fees/

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Fieldfisher teams up with client Peloton to create ‘diversity vac scheme’

Two-week programme for aspiring lawyers from unrepresented groups

Image via Unsplash

Fieldfisher has teamed up with exercise equipment specialist Peloton to create a new vacation scheme-style work experience programme for aspiring lawyers from underrepresented backgrounds.

The firm says the new programme, dubbed the Diversity Access Scheme, will help successful candidates develop those all-important personal and professional skills while also providing them with an insight into life at a City law firm.

Solicitor hopefuls will also have an opportunity to hear from the in-house legal team at Peloton — one of the firm’s top clients and probably best known for its interactive spin bike (pictured top) — who will offer a snapshot into their working lives and explain what clients look for in their lawyers.

But the scheme doesn’t end there. Those lucky enough to secure a spot will be invited to apply for an additional two weeks of work experience with Peloton’s in-house legal team in London.

The main programme, which runs over two weeks next summer, is available in Fieldfisher’s London, Manchester and Birmingham offices. Participants will receive a minimum payment of £250 per week, although this may be adjusted upwards by the time the scheme comes around.

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Eligible candidates will need to be “dedicated to a career in law” and on track to achieve, or have already received, a 2:1 in any degree discipline. They will also need to be from a background that is underrepresented in the legal profession. This includes, but is not limited to, students from a minority ethnic community, LGBTQ+ students, students with a disability and state-educated students.

The Legal Cheek 2022 Firms Most List shows Fieldfisher recruits around 18 trainees each year on a starting salary of £43,500 in London and £29,500 elsewhere.

News of the programme comes just days after Macfarlanes launched a new ‘vac scheme app’ that provides users with a range of “mock trainee tasks”. The firm said it had created the app to make work experience opportunities at City firms more accessible to all, “regardless of location and background”.

Keen to find out more about life at the firm or a life in law more generally? Why not sign up to the Legal Cheek UK Virtual Law Fair. It takes place on Thursday 4 November, between 2-5pm, and features 70 law firms, including all the magic circle and leading US firms’ London offices, international firms, and national firms across the UK.

The post Fieldfisher teams up with client Peloton to create ‘diversity vac scheme’ appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/fieldfisher-teams-up-with-client-peloton-to-create-diversity-vac-scheme/

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Monday morning round-up

The top legal affairs news stories from this morning and the weekend

Junior lawyers work ever longer hours as demand keeps surging [Financial Times] (£)

City law firm lures young high-flyers with e-car perk [The Times] (free, but registration required)

Top South West QC slams government’s ‘market abusive behaviour’ towards barristers [Bristol Live]

How a corporate lawyer and a finance guy ditched the rat race to build a $750 million barbershop app [Forbes]

Can Poland and the EU resolve the rule of law crisis? [The Spectator]

UK barrister rescues Afghan female judges in airlift operation [Arab News]

Supreme Court takes up Texas law banning most abortions [Independent]

The latest comments from across Legal Cheek

The UK to enshrine mandatory climate disclosures in law [Environment Journal]

Divorce lawyer Ayesha Vardag: ‘My world is steeped in emotions’ [Financial Times] (£)

Valerie’s Law: 100,000 back calls for specialist police training to support black women affected by domestic abuse [iNews]

“Is the money really worth it?” [Legal Cheek Comments]

LPC Law wants you! Become a County Court Advocate [Legal Cheek Jobs]

THIS THURSDAY: The November Legal Cheek UK Virtual Law Fair [Secure your place]

Legal Cheek virtual student events THIS WEEK with Gowling WLG, Irwin Mitchell, Kennedys, Reed Smith, Ropes & Gray, Shakespeare Martineau and TLT [Apply to attend]

Interested in construction law? The City of London Law Society’s upcoming training series on construction law is open to trainees, junior associates, and law students [Register your place]

For a weekly round-up of news, plus jobs and latest event info

Sign up to the Legal Cheek Newsletter

The post Monday morning round-up appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/11/monday-morning-round-up-1-november/

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Clydes gives lawyers coloured wristbands so they can indicate how Covid cautious they are

Traffic light system

What Clyde & Co’s new Covid wristbands might look like (credit: ITV)

Clyde & Co will give coloured wristbands to UK lawyers and staff working in the office as a way to indicate how cautious they are being with Covid and the level of contact they wish to have with colleagues.

The bands are voluntary and take a cue from traffic lights: green is “for go” and signals they’re okay to press flesh and return to 2019 norms; amber means they’re “not quite there yet” and perhaps okay with elbow bumps only for now; and red equals “greet from six feet”, indicating they’re quite cautious and want those around them to keep their distance and wear a face mask.

Secure your place: The November 2021 UK Virtual Law Fair

“Our shift to hybrid working has been really positive, but we are keen to make sure that everyone feels comfortable in the office and confident to express their preferences,” said Rob Hill, partner and chair of the firm’s UK board, in a statement. “We’ve introduced wristbands, an idea which we have seen other organisations use, as a way of drawing attention to the fact that we shouldn’t assume all our colleagues feel the same about things like shaking hands, mask wearing or social distancing.”

As lawyers return to the office in greater numbers, law firms are having to reassess their Covid safety measures in place. Debevoise & Plimpton and Morrison & Foerster have mandated Covid vaccinations this autumn for all lawyers, staff and visitors to their London offices.

The 2022 Legal Cheek Firms Most List

The post Clydes gives lawyers coloured wristbands so they can indicate how Covid cautious they are appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/clyde-co-introduces-coloured-wristbands-so-lawyers-can-indicate-how-covid-cautious-they-are/

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Lawyers out-earn doctors and dentists with £93k average salary

Chief execs top 2021 earnings table with £131k, new stats show

Lawyers earned more this year than doctors and dentists, new research by the Office for National Statistics (ONS) has shown.

Lawyers are earning an average of £92,606 each year; they are the second highest earners and beaten only by chief executives, who earn an average of £130,734, according to the ONS’ 2021 data.

By contrast, doctors took home £74,588 this year and dentists £59,669.

Below are the top 20 highest paying professions for this year, and how these have changed since last year.

20 highest paying professions of 2021

Job Average annual salary % change from 2020 Chief executives £130,734 7.6% Lawyers £92,606 0% Marketing & sales directors £85,899 -6.6% Brokers £83,893 – IT and telecoms directors £80,624 -2.3% Financial managers & directors £77,669 -9% Aircraft pilots & flight engineers £75,903 -11.4% Doctors £74,588 2.1% Financial institutions managers & directors £67,915 -16.8% Functional managers & directors £65,247 -9.4% Actuaries, economists & statisticians £64,118 -8.2% Senior police officers £62,457 6% Production managers & directors in manufacturing £61,521 0.1% Senior educational professionals £61,075 6.3% IT project & programme managers £60,463 17.2% Quality assurance & regulatory professionals £60,039 14.1% Dentists £59,669 -14.4% Train & tram drivers £58,256 2.1% Tax experts £56,684 10.6% Finance & investment analysts & advisors £56,684 20.9%

Interestingly, out of the top 20, only lawyers saw no change at all to their average annual salaries from 2020.

It’s worth bearing in mind, however, that lawyer earning power drastically varies across the profession and depends on the type of firm or work they do as well as level of seniority, among other things. The earnings of top City lawyers, for example, stretch to six and seven figures, while those specialising in legal aid or criminal law earn far less.

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The post Lawyers out-earn doctors and dentists with £93k average salary appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/lawyers-outearn-doctors-and-dentists-with-93k-average-salary/

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The haunted jurisprudence of ‘ghost law’

Future magic circle trainee Will Holmes asks — are ghosts legal?

In December 1803, rumours were running rife in London that a ghost was at large in Hammersmith. After 1am, this phantom was said to frequent some fields next to Black Lion Lane, attacking travellers and terrorising villagers. On 3 January 1804, one villager called Francis Smith took matters into his own hands and decided to patrol Black Lion Lane armed with a gun.

That same dark evening, the bricklayer Thomas Milwood had headed out dressed in his brand new white work clothes and shoes that were standard for his trade. Milwood had already been mistaken for the mysterious ghost twice before when wearing his new work uniform. So, as Milwood headed down the poorly lit Black Lion Lane, it was perhaps no surprise that a terrified Smith thought he had found the ghost. Having called to the ghost twice to no avail, Smith became increasing anxious at the undeterred approaching phantom. So, he pulled out his gun and shot Milwood dead.

Smith openly admitted he had killed Milwood but pleaded guilty of manslaughter (rather than murder) on the grounds that at the time he genuinely believed he had shot a ghost. The jury agreed, but the judge remained unconvinced, pointing to the absurdity of Smith’s belief in ghosts. Accordingly, the jury were instructed to either acquit Smith or find him guilty of murder. They found in favour of the latter and Smith was sentenced to death (although significant public sympathy later saw his sentence reduced to one year’s imprisonment thanks to a Royal pardon).

As well as being a cautionary tale for those with very convincing Halloween costumes, the Hammersmith Ghost murder case is legally significant for two reasons. First, it highlighted the absence of a defence for those who in good faith mistakenly believed their acts were necessary — an issue that was only resolved in R v Williams [1983]. Second, it affirmed as that, in the eyes of English law, ghosts don’t exist.

This was confirmed in Lyon v Home [1868] where Mrs Lyon, a spiritualist (someone who believes that the dead can communicate with the living) widow who was convinced by the ‘spirit medium’ (a practitioner who can relay messages from the dead) Mr Home that her dead husband wanted her to gift Home around £3 million in today’s money. The court extended the principle that the relationship between spiritualist and medium was akin to that of doctor-patient or client-solicitor — there was an irrebuttable presumption that one party has influence over the other. Therefore, they found the transactions void on grounds of undue influence. Underpinning this, was the idea that ghosts were “nonsense” and therefore not of legal significance to the case.

Other jurisdictions, however, have not been so certain about denying the existence of ghosts. As we can see in the two aforementioned cases, this is likely to come with legal complications and unforeseen consequences.

Secure your place: The November 2021 UK Virtual Law Fair

Canadian courts have been far less clear on whether the law accepts ghosts exist. In Manitoba Free Press Co. v Nagy [1907], Mrs Nagy sued a newspaper for publishing a report claiming that her property was haunted. Her argument centred on the contention that ghosts do not exist. Despite the Manitoba Court of Appeal’s explicit agreement with Nagy’s argument (“the Court may … assume that there are not such things as ghosts and that therefore the statement is necessarily false”), the Supreme Court of Canada was far more ambiguous.

It held that “the evidence only admits of one conclusion and that is that the article complained of was false”, offering two possible interpretations. Either ghosts simply do not exist and therefore the report is false. Or, more narrowly, Nagy’s house specifically was not haunted, leaving open the possibility that ghosts could exist in Canadian law.

I wonder how this might have affected a case like 1784773 Ontario Inc. v K-W Labour Association et al [2013]. After selling a house, the seller jokingly made public comments that the house was haunted. A claim was brought by the buyer of the house for failure to disclose that the property was “haunted” during negotiations. This, however, was struck out as there was no evidence (such as unexplained noises etc) behind the seller’s claims. However, if there had been some evidence of paranormal activity, the ambiguity in Manitoba Free Press Co. v Nagy has not definitively closed the route for a claim for failure to disclose the house’s “haunted” quality.

The US position is yet more confused. In Cooper v Livingston [1883], the Florida Supreme Court ruled that a promise to cure an illness by conjuring spirits was not deemed sufficient consideration. Surely that’s because the Court thought ghosts don’t exist and therefore, in this case, nothing had been promised, you might be thinking. In fact, the claim was decided on illegality owing to the contention that any spirits conjured would be Satanic, thereby violating blasphemy laws.

Furthermore, in McClary v Stull [1895] the children of a spiritualist widow asked Nebraska Supreme Court to invalidate changes made by their mother to her will allegedly on their dead father’s orders. Surely, as in Lyon v Home, undue influence could only be found in the relationship between spiritualist and medium? However, the court invalidated the changes on the grounds that the dead husband had exerted undue influence over his wife.

In a remarkable judgment, the court explained:

“Law, it is said, is “of the earth, earthy” and that spirit-wills are too celestial for cognizance by earthly tribunals — a proposition readily conceded; and yet the courts have not assumed to deny to spirits of the departed the privilege of holding communion with those of their friends who are still in the flesh so long as they do not interfere with vested rights or by the means of undue influence seek to prejudice the interests of persons still within our jurisdiction.”

This uncertainty surrounding the existence of ghosts can ultimately lead to some legal horror stories.

This is highlighted by two cases concerning representations in relation to ghosts. In Nurse v State [1910], Jim Nurse claimed that spirits had informed him that there was a large amount of money buried under an individual’s property. Some money was found and then reburied on Nurse’s advice with the caveat now being that if the money was now handled the spirits would “vanish it all”. The case was brought on grounds of fraud. Similarly, in Burchill v Hermsmeyer [1919], Mrs Burchill had claimed that ghosts had told her there was oil under her land. Mr Hermsmeyer invested a large amount of money to find no oil and sued for fraud.

Although the argument that both these ghostly misrepresentations amount to fraud appears to be the most obvious route to a successful claim, both cases were turned on ghostly misrepresentation. The logic was that a misrepresentation, which is concerned with facts, cannot be made on the subject of ghosts as their existence is uncertain and a matter of belief. As the court reasoned in Burchill: “spiritual communications […] are too unsubstantial a character to be received as representations of fact […] therefore the representations of the defendants must […] be regarded as insufficient to form a basis for relief to the plaintiff”. For this reason, both claims failed and the fraudsters got away with it.

Although the question of whether you deny ghosts exist or not might at first seem immaterial, it is clear that such differences can lead to eery legal decisions. The courts inability to be ghostbusters has developed a curiously haunted jurisprudence. Indeed, as long as they remain elusive, it appears that lawyers on occasion may be called to confront ghosts or even defend their cause.

Will Holmes is a future trainee solicitor at a magic circle law firm.

The post The haunted jurisprudence of ‘ghost law’ appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/the-haunted-jurisprudence-of-ghost-law/

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Best of the blogs

Weekly round-up of the top legal blogosphere posts

Is the European Court of Justice about to unravel? [The Spectator] (free, but registration required)

Law: Young Welsh people lack confidence for legal career [BBC News]

Budget special: the Fiscal State vs the Legal State [The Law and Policy Blog]

The ‘special practice’ at the International Court of Justice which has to cease [Scottish Legal News]

Beware of Gucci’s “G”: Italian Supreme Court reminds Florence courts that well-known trade marks enjoy enhanced protection [The IPKat]

‘A thread for lawyers in #BHM to give a little piece of Black history and the law that few know about… this one is about black hair at the Bar’ [Twitter]

The fun in non-fungible [The Economist] (free, but registration required)

‘Diversity is not optional — it’s what we must be’ [Legal Cheek]

Bar’s aptitude test must be scrapped [Law Society Gazette]

How can law firms adapt to post-pandemic working? [Legal Futures]

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The post Best of the blogs appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/best-of-the-blogs-136/

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‘Diversity is not optional — it’s what we must be’

Senior legal figures discuss issues around Black lawyer retention and career progression during Dechert-sponsored panel event to mark Black History Month

Senior legal figures and diversity advocates are calling on law firms to drive meaningful and lasting change in an industry that is predominantly white and draws from a small pool of elite graduates.

It was acknowledged during a panel discussion — hosted in-person on Tuesday evening at the Royal Automobile Club by legal consultancy Crasner Consulting and headline sponsored by Dechert to mark Black History Month — that firms must do more to encourage access to the profession as well as recruit, retain and ensure the progression of Black lawyers.

The panel, which featured law firm partners practising in the UK and US, agreed that historically, and at present, there exists unconscious bias within recruitment teams at big law firms, who tend to hire and promote “in their own image”. Nicholas Cheffings, former global chair at Hogan Lovells, PRIME chairman and head of legal for The Crown Estate, said: “A white chap that goes skiing is likely to get on with another person that does, and that, by definition, eliminates a whole raft of people.”

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Issues around “privilege” were also addressed by the speakers at the event. “Law firms have a problem with privilege and perception,” said Hogan Lovells partner Akima Paul Lambert. “Law firms historically recruit from a pool of privilege — Oxbridge and Russell Group-educated students — making it difficult for those not in these circles to penetrate.” She added: “The son or daughter of a client is likely to have access to vacation scheme and work experience opportunities that the young kid in Peckham is unlikely to have come across.”

Lambert also noted how sitting in on interviews she has seen credible Black candidates struggle to present themselves in a way so that they’re able to “cinch that training contract”.

Cheffings said at the Black History Month panel event that law firms must collectively broaden their talent pool; “we need to see change across all firms — if one firm says no to the child of a top-paying client, another will say yes”, and that perpetuates the cycle.

He did note, however, that progress is being made at the recruitment stage with diversity initiatives such as Rare and Sutton Trust but problems arise further up the chain for Black lawyers, and these include feelings of not belonging to “ridiculous” assumptions about hairstyles to preferential work allocation by partners.

On what more law firms can do to drive positive change across the profession, Tobi Rufus, executive director at Goldman Sachs and former Allen & Overy senior associate, offered a client’s perspective. He said: “Diversity is not optional — it is what we must be”, and welcomed recent pressure put on law firms by clients to ensure they have diverse panel reviews.

Vincent Cohen, partner in Dechert’s Washington office, echoed Rufus’ views. “CEOs must empower GCs and make express demands to them as no one is going to go against what the boss wants,” he said.

Cohen also spoke of the so-called “Black tax”, where the minority of Black lawyers face the burden of continually being asked to engage on discussions about race and diversity, often in their own free time. But Cohen, who flew in especially for the London panel event, encouraged Black lawyers to use their platform, be visible and become role models for those seeking to enter the profession. “They’ll be what they see,” he said.

“UK law firms have a lot to learn from across the pond,” said Rufus. It was explained during the panel that law firms are taking part in the Mansfield Rule, a certification process that started in the US and is expanding in the UK. It measures which law firms have considered 30% women, racial and ethnic minorities, LGBTQ+ lawyers, and lawyers with disabilities for senior leadership positions.

Cheffings said: “It’s good at CE [chief executive] level and there’s enthusiasm at the junior level but there’s a whole swathe of middle management that has the most immediate control over young peoples’ careers.”

Other methods of improving firms’ ethnic diversity put forward by the panel included targets, reverse mentoring, allyship, sharing stories and understanding “the Black experience”.

The 2022 Legal Cheek Firms Most List

The post ‘Diversity is not optional — it’s what we must be’ appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/diversity-is-not-optional-its-what-we-must-be/

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Revealed: Law firms’ average start work and finish times 2021-22

Legal Cheek exclusive research shows how the average working hours for junior lawyers have fared in the face of changing work arrangements

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Legal Cheek research has provided an exclusive insight into the average start work and finish times for trainees and junior associates across 100 law firms in London and the UK.

Despite lawyers spending more time at home and less time tackling the daily commute, the survey responses of over 2,500 junior lawyers taken earlier this year, show that the move to remote-working has only served to ramp up the already lengthy working hours for rookies at elite City firms.

As we revealed earlier this week, junior lawyers at Kirkland & Ellis racked up the longest average working day by quite some distance, typically starting at 9:14am and finishing at around 11:28pm. This marks a significant increase on the 9:46pm average finish time recorded by the firm in last year’s survey.

Kirkland is joined in the top three spots by other US powerhouses in London. Ropes & Gray recorded the second latest average finish time of 10:51pm, followed by Weil in third place, where the average finish is at 10:17pm.

Perhaps unsurprisingly, the other end of the list is largely populated by national firms, headquartered outside of London. Fletchers boasts the earliest average finish time, with junior lawyers usually signed off by 5:38pm. HCR Hewitsons has the second average earliest finish time at 5:43pm, five minutes later than their Fletchers counterparts, and in third place Thrings at 5:45pm.

So how does your firm fare? The full list of results, ranked from latest to earliest average finish times, can be found below. These timings will, of course, fluctuate according to which department juniors are working in, billing targets or the ebb and flow of a deal. Note also the start times which vary widely.

Legal Cheek Trainee and Junior Lawyer Survey 2021-22 — average start work and finish times

Law firm Average start time Average finish time Kirkland & Ellis 9:14am 11:28pm Ropes & Gray 9:20am 10:51pm Weil Gotshal & Manges 9:46am 10:17pm Latham & Watkins 9:16am 9:48pm Goodwin Procter 9:12am 9:45pm White & Case 9:01am 9:36pm Cleary Gottlieb Steen & Hamilton 9:29am 9:16pm Paul Hastings 9:29am 9:13pm Clifford Chance 9:06am 9:09pm Linklaters 9:01am 9:09pm Orrick 9:00am 9:07pm Sidley Austin 9:15am 9:03pm Dechert 9:00am 9:01pm Freshfields Bruckhaus Deringer 9:09am 9:01pm Milbank 9:32am 9:01pm Skadden 9:05am 9:01pm Shearman & Sterling 9:09am 8:58pm Allen & Overy 9:04am 8:55pm Sullivan & Cromwell 9:41am 8:53pm Gibson Dunn 8:43am 8:45pm Fried Frank 8:58am 8:42pm Davis Polk & Wardwell 9:36am 8:39pm Debevoise & Plimpton 9:16am 8:39pm Herbert Smith Freehills 8:57am 8:38pm Norton Rose Fulbright 9:07am 8:38pm Vinson & Elkins 9:02am 8:36pm Jones Day 8:47am 8:32pm Willkie Farr & Gallagher 8:55am 8:32pm Simmons & Simmons 8:55am 8:25pm Covington & Burling 9:12am 8:22pm Macfarlanes 8:58am 8:20pm Baker McKenzie 9:09am 8:19pm Slaughter and May 9:12am 8:16pm Mayer Brown 8:51am 8:07pm Hogan Lovells 9:08am 7:54pm K&L Gates 9:04am 7:51pm Akin Gump 8:51am 7:50pm Dentons 8:56am 7:50pm Mishcon de Reya 8:58am 7:47pm Reed Smith 9:16am 7:46pm Taylor Wessing 9:08am 7:45pm Stephenson Harwood 9:05am 7:39pm Cooley 8:56am 7:36pm Bryan Cave Leighton Paisner 9:02am 7:35pm Travers Smith 9:12am 7:33pm Ashurst 9:03am 7:30pm Withers 8:48am 7:25pm DLA Piper 8:42am 7:24pm Watson Farley & Williams 9:11am 7:23pm Wiggin 9:01am 7:23pm CMS 8:51am 7:21pm HFW 9:05am 7:20pm Clyde & Co 8:46am 7:13pm Howard Kennedy 9:01am 7:11pm Eversheds Sutherland 8:44am 7:10pm Gowling WLG 8:49am 7:10pm Bird & Bird 9:01am 7:09pm RPC 8:45am 7:04pm Fladgate 8:51am 6:59pm Pinsent Masons 8:48am 6:59pm Burges Salmon 8:49am 6:58pm Ince Gordon Dadds 9:02am 6:57pm Bristows 9:03am 6:54pm Charles Russell Speechlys 8:44am 6:52pm Osborne Clarke 8:54am 6:52pm Addleshaw Goddard 8:45am 6:51pm Penningtons Manches Cooper 8:46am 6:51pm Kingsley Napley 9:03am 6:50pm Squire Patton Boggs 8:42am 6:48pm Farrer & Co 8:52am 6:46pm Ashfords 8:49am 6:45pm Wedlake Bell 8:54am 6:43pm Accutrainee 8:52am 6:42pm Fieldfisher 8:55am 6:41pm PwC 9:03am 6:38pm Walker Morris 8:30am 6:37pm Kennedys 8:31am 6:35pm Shoosmiths 8:39am 6:33pm Trowers & Hamlins 8:45am 6:32pm Forsters 8:55am 6:31pm DWF Group Plc 8:31am 6:30pm TLT 8:33am 6:28pm Hill Dickinson 8:50am 6:25pm DAC Beachcroft 8:36am 6:22pm Gateley 8:43am 6:21pm Irwin Mitchell 8:38am 6:21pm Russell-Cooke 9:12am 6:21pm VWV 8:56am 6:20pm Blake Morgan 8:45am 6:19pm Browne Jacobson 8:36am 6:12pm Royds Withy King 8:43am 6:06pm Bevan Brittan 8:49am 6:04pm Shakespeare Martineau 8:55am 6:02pm Foot Anstey 8:43am 6:01pm Mills & Reeve 8:35am 6:01pm Womble Bond Dickinson 8:43am 6:00pm BLM 8:40am 5:57pm Michelmores 8:32am 5:54pm Weightmans 8:33am 5:47pm Thrings 8:38am 5:45pm HCR Hewitsons 8:37am 5:43pm Fletchers 8:21am 5:38pm

The 2022 Firms Most List – featuring the Legal Cheek Survey results in full

As part of the survey we also received hundreds of anonymous comments from junior lawyers about their working hours. Here are a selection of quotes from US firm and magic circle rookies.

“Pre-covid, while there were of course busy periods, I would generally log off and leave the office between 7-9pm, and weekend working was a rarity. Now, finishing work before midnight is unheard of during the week, and weekend working is a regular occurrence.”

“[There is] lots of talk about the need to switch off when working from home, but this doesn’t really happen in practice. It’s become the norm that I will take a short break for dinner but feel compelled to log back on right up until I go to bed.”

“When things are busy, or you’re on a deal, you’re effectively on call the whole time including weekends. There are periods of downtime which helps. There are no typical working hours as such but depends on the team.”

But it’s not all doom and gloom, as juniors at some of the other firms felt that hours were more fairly balanced.

“No one goes into law expecting a 9 to 5. The more senior lawyers are very respectful of your social life. If you flag that you have an engagement, they’ll do their best not to bother you.”

“Work/life balance is a real priority for the firm and I have never been made to feel that I had to work late to ‘prove myself’.”

We put the results of the survey to LawCare, the mental health and wellbeing charity for lawyers. Its chief executive, Elizabeth Rimmer, commented:

“We’re disappointed to see that junior lawyers are working longer and longer hours, with many finding that working from home means they never really finish work for the day. Our recent Life in the Law research showed a direct correlation between work intensity and burnout, with the highest burnout scores found in younger legal professionals.

“It is dangerous to work the junior end of the profession into the ground for a variety of reasons; it affects the individual themselves, it increases the risk of mistakes being made, and young people won’t want to come and work in a profession that doesn’t value their wellbeing. This really shows why we need a culture change in the law, your performance should not solely be based on the hours you bill and we should be putting people first.”

Struggling with the stress of work? Contact LawCare via its helpline or live chat.

The 2022 Firms Most List – featuring the Legal Cheek Survey results in full

The post Revealed: Law firms’ average start work and finish times 2021-22 appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/revealed-law-firms-average-start-work-and-finish-times-2021-22/

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Virtual student event TOMORROW: The world in transition — with White & Case

Thursday 28 October, 4pm to 6pm, taking place virtually

Join us on the afternoon of Thursday 28 October for Legal Cheek’s latest virtual student event, in partnership with White & Case.

The event will bring together a number of the firm’s lawyers, each based in a different location working in a different practice area, to get their views on the world we are emerging into after the pandemic.

Date: Thursday 28 October 2021 Time: 4pm to 6pm Location: Virtual event Level: Students, Graduates

Global law firms like White & Case — which has 45 offices in 31 different countries — are interestingly placed during times of change, as they are deeply connected to businesses operating across the global economy.

The speakers

• Lauren Vallender, associate in the energy, infrastructure and project finance group, London • Nisha Raman, associate in the energy, infrastructure and project finance group, Abu Dhabi • Rob Eyres, trainee solicitor currently on remote overseas secondment from London to New York in financial restructuring and insolvency • Earl Comstock, senior policy counsel in the international trade group, Washington

The speakers will discuss five themes of change affecting businesses and markets around the world. These include the transition to the low-carbon world of the future and how businesses can meet environmental, social and governance (ESG) objectives. They will also discuss new methods of finance in the post-Covid era, the changing nature of globalisation, and evolving US policy ambitions under the Biden administration which could affect how companies do business globally.

At the same time the speakers will reflect on their career journeys, advising students how they can best position themselves to get a foothold in the profession during times of uncertainty and change.

After the panel discussion, chaired by a Legal Cheek journalist, there will be virtual networking with the speakers, White & Case trainees and members of the firm’s graduate resourcing team.

Apply to attend now.

The post Virtual student event TOMORROW: The world in transition — with White & Case appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/virtual-student-event-tomorrow-the-world-in-transition-with-white-case/

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UK law firm becomes first to sell legal advice as NFT

Crypto art billable hours

A UK law firm is auctioning off time with its lawyers in the form of non-fungible tokens (NFTs) in what is understood to be a first for the legal industry.

Bristol outfit Stephenson Law is embracing the weird and wonderful world of ‘crypto art’ with the creation of three unique NFT tokens that can be exchanged for legal advice.

An NFT is essentially a unique piece of data — be it art, a photo, or in this case a token for legal pointers — which relies on blockchain technology to establish verified ownership. You can read more about NFTs over on the Legal Cheek Journal.

The firm says the starting prices will be the cryptocurrency equivalent of between £250 and £300, “and will afford the buyer the right to redeem their NFT for one hour of legal advice on the subjects of financial services regulation, blockchain, and NFTs, along with the strategy, compliance, governance, and documentation necessary of such a new-fangled technology”.

The 2022 Legal Cheek Firms Most List

Additionally, one of the NFTs will provide the buyer with “one-on-one access” with the firm’s founder, Alice Stephenson. The tech-savvy solicitor had spells with both Bevan Brittan and DAC Beachcroft before launching Stephenson Law in 2017.

The NFTs will be auctioned off on OpenSea, a marketplace for “rare digital items and crypto collectibles”, in two weeks’ time.

NFTs have been technically doing the rounds since 2015 but have only gained traction in the past year or so thanks to the rapid rise in popularity of cryptocurrencies. Recently this has led to a series of high-profile NFT acquisitions, with one such example, ‘Everydays — The First 5,000 Days’, a collage by Beeple, fetching a record-breaking £50 million at auction house Christie’s earlier this year.

The post UK law firm becomes first to sell legal advice as NFT appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/uk-law-firm-becomes-first-to-sell-legal-advice-as-nft/

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SQE prep provider launches £50k social mobility scholarship fund

Law Training Centre’s ‘Access to Law’ scheme enables candidates to complete part one prep course for just £950

A legal training provider has launched a substantial new scholarship programme to help fund disadvantaged aspiring lawyers through part of their preparation for the Solicitors Qualifying Exam (SQE).

As part of its ‘Access to Law’ scheme, the Law Training Centre will dish out 50 scholarships worth £1,000 each to put towards part one of its online prep programme. This will enable recipients to complete the SQE1 course, normally priced at £1,950, for just £950.

Eligible candidates will need to demonstrate they face “significant” financial or personal barriers on their journeys to becoming lawyers. This, LTC says, may include individuals with protected characteristics or those from underrepresented groups or socially disadvantaged backgrounds. It many also consider a candidate’s “educational or professional dedication and achievement”.

In addition to the fund, the provider has created an instalment plan to help candidates cover the outstanding SQE1 fees.

Secure your place: The November 2021 UK Virtual Law Fair

Eve Dullabh, Law Training Centre’s director of education, commented:

“For us, social mobility and increasing diversity across the legal profession is more than a trendy catch-line, it was the very reason our business was established, and we continue to stay true to that focus to this day. Whilst many scholarship programmes focus on previous academic excellence, we believe that this could still exclude some of the very people that need the support most. It is for this reason that our programme will be available nationwide, and each application will be assessed on its individual merits.

Scholarship seekers must submit an application before 31 December in order to be considered.

The LTC was co-founded by Dullabh, a former lawyer, and her partner Dino in 2015, and is perhaps best known for its range of courses geared towards paralegals, chartered legal executives and licensed conveyancers. Earlier this year it launched a range of online SQE prep courses priced at £1,950 for part one and £3,390 for part two.

The SQE came into force on 1 September this year.

The 2022 Legal Cheek SQE Provider List

The post SQE prep provider launches £50k social mobility scholarship fund appeared first on Legal Cheek.

source https://www.legalcheek.com/2021/10/sqe-prep-provider-launches-50k-social-mobility-scholarship-fund/