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The Times

Friday, September 16 2016

Frances Gibb and Jonathan Ames bring this morning’s must-read of all things legal, including news, comment and gossip.

Today

  • Keep cold calling ban, say injury solicitors
  • Legal crackdown ‘will not deter online piracy’
  • Lawyers welcome plans to spare rape case witness trial ordeal
  • Partners eschew cash for culture when swapping firms
  • City firm opens outsourcing centre down under
  • Comment: Lawyers must lobby over Brexit
  • The Churn: Ashurst haemorrhaging continues
  • Blue Bag diary: Legal aid man on world tour
  • More Blue Bag: Mishcon jumps into children’s book market

Tweet us @TimesLaw with your views.

 
Story of the Day

Keep cold calling ban, say injury solicitors

Personal injury solicitors are ramping up pressure on the profession’s regulator to maintain the ban on cold calling.

The plea comes in response to a consultation process kicked off by the Solicitors Regulation Authority as the watchdog gauges the professional mood regarding proposed amendments to its handbook.

The Association of Personal Injury Lawyers is particularly worried at what it says is the omission from the new draft rules of existing provisions that dictate that solicitors must “not make unsolicited approaches in person or by telephone to members of the public in order to publicise your firm…”

Neil Sugarman, the association’s president and a partner at GLP Solicitors in Manchester, has called on the SRA not to lift the cold calling ban. “Most solicitors would not dream of cold calling,” he said, “but we must legislate for those who would.”

Sugarman claimed the UK is “currently in the middle of an epidemic of cold calling for personal injury claims, which exploits vulnerable people. It is tasteless and intrusive. It generates the false perception that obtaining compensation for injuries is easy, even when there is no injury. It brings our whole sector into disrepute, and people hate and condemn the practice.”

An SRA spokesperson said: “The government’s position on dealing with the problem of cold calling in the personal injury sector is clear. We have no intention of lifting the ban for solicitors working in personal injury and will make that clear in the final codes.”

 
 
News Round Up
Legal crackdown ‘will not deter online piracy’

Promoting alternatives to the illegal downloading of music, films and e-books will be the only way to defeat internet piracy, researchers claimed yesterday.

A team of academics at the University of East Anglia claim that to compete with unlawful file-sharing, consumers should be given easy access to information on the benefits of legal purchases or services.

According to the researchers, those benefits include rapid access to a wide catalogue of content, and the capacity to consume selectively created content – in other words, when downloading legally, consumers would not need to buy entire albums if they only wish to access individual songs.

The researchers analysed the responses of about 1,400 consumers to assess the extent to which the unlawful sharing of music and e-books was motivated by the perceived benefits as opposed to the legal risks. Respondents’ ability to remain anonymous online, their trust in the industries and UK legal regulators such as Ofcom, and downloading behaviour were studied.

The findings published in the journal Risk Analysis show that consumers who trust regulators think file-sharing is riskier. Those who think file-sharing is risky do not think it is beneficial and vice versa.

“Our findings suggest that it may be possible to diminish the perceived benefit of unlawful file-sharing (UFS) by increasing risk perception,” said Piers Fleming, from UEA’s School of Psychology, “but only to the extent that UFS is considered emotionally, and users trust industry and regulators.

“Increasing trust in industry and regulators may be one route toward encouraging UFS to be considered in emotional rather than rational terms. However, given the limited impact of risk perception upon behaviour, a better strategy would be to provide a desirable legal alternative.”

Partners eschew cash for culture when swapping firms

Amorphous as the term may be, the majority of London partners moving between law firms do so for “culture” reasons and not to boost their annual pay packets, researchers have claimed.

Nonetheless, further research shows that most young adults anticipate that the legal profession will not offer an acceptable work-life balance.

A study just published found that more than 60 per cent of lateral-hire partners made the move because they were attracted by the recruiting firm’s culture. Only 15 per cent told the researchers that they had moved for financial reasons.

Of those citing culture as the strongest reason for their move, two-thirds said that diversity and inclusion played an important role in their decision. Women feel strongest about diversity, with more than 60 per cent pointing to it as a motivating factor in their move; only slightly more than 20 per cent of men agreed.

But regardless of gender, migrating partners were often disappointed after making their moves. Only 28 per cent reported that their cultural expectations were met.

“The legal market in London is still very much a male-dominated world,” said Melinda Wallman of Major, Lindsey & Africa, a legal sector recruitment agency that commissioned the survey.

“Recruiting female partners is much harder than attracting men – for a host of reasons – but our survey shows that female lateral partners have an easier time integrating into new firms. Many of the UK firms that set diversity targets over the last few years have done a good job of prioritising diversity and have begun to experience the benefits of a more inclusive culture.”

However, another survey revealed that only 18 per cent of 18 to 24-year-olds anticipated that the legal profession would provide an acceptable work-life balance. And the picture did not improve significantly slightly higher up the age scale, with only 20 per cent of 25 to 34-year-olds saying legal careers offered a good balance.

The study – conducted by ComRes for Keurig, a business that supplies coffee machines to UK legal firms – found a stark disparity of views with the older generation. More than half of those over 65 said a career in the legal profession would offer a good work-life balance.

City firm opens outsourcing centre down under

A City of London law firm has launched an outsourcing centre on the other side of the world in a move that will reheat the debate over the future structure of law firms.

Herbert Smith Freehills, the Anglo-Australian practice, announced yesterday that it would cut the ribbon on a centre in Melbourne this November. It will initially have a staff of 65, including 50 fee earners.

The move comes five years after HSF became the first international law firm based in the Square Mile to open in Belfast. The practice also experimented about a year ago with what it described as a “pop up” office in Perth, Australia. In addition to opening in Melbourne, the firm said it would make the Perth office a permanent fixture.

Patrick St John, HSF’s partner in charge of strategic implementation, said the firm’s “alternative legal services offering” had been “very popular with clients in Australia and around the world. We now have over 350 staff in seven strategic locations; we intend to keep investing in innovative solutions.”

Lawyers welcome plans to spare rape case witness trial ordeal

Campaigners and lawyers welcomed proposals from the Ministry of Justice and senior judges to allow vulnerable witnesses to record evidence and avoid appearing in open court.

The plans – which would see evidence pre-recorded in sensitive trials such as those involving rape allegations – were unveiled formally yesterday in a paper from the lord chancellor, the lord chief justice and the senior president of tribunals.

Citizens Advice said it was “right that vulnerable witnesses of crime should be allowed to give their evidence before a trial where possible”. Gillian Guy, the organisation’s chief executive, said: “The government’s proposals that the most vulnerable witnesses, including children, are allowed to give evidence before the trial could relieve much of the stress and difficulty of attending court and thereby help them to give their best evidence.”

Bar leaders also responded positively. “Efforts to make our justice system a more suitable environment for victims and vulnerable witnesses is a step in the right direction,” said Chantal-Aimée Doerries, QC, chairwoman of the Bar Council of England and Wales.

She claimed the council had been “at the forefront of producing special training for considering the needs of vulnerable witnesses in the criminal justice system”. She pointed to a forthcoming training programme for barristers.

In Brief

Lawyer whose mansion was ransacked by sword-wielding thugs flees capital – London Evening Standard

Melania Trump releases letter from immigration lawyer after accusations she entered country illegally – The Independent

High Court judge uses emojis to help children understand family law judgment – Legal Cheek

 
Byline
Comment

Lawyers must lobby over Brexit Stuart Thomson

There is no doubt that the Brexit referendum result shocked everyone – regardless of how they voted.

Ahead of polling day, law firms ran around setting up specialist desks to help clients understand what would happen. Many have now gone very quiet and appear to believe that they will step back in once a Brexit deal has been reached.

But clients do not want firms simply looking to make fast fees out of the uncertainty that now prevails. Instead, firms need to listen to their clients and provide the type of support they require to help them manage the risk that is endemic as the UK decides its position, starts negotiating and strikes a deal.

Risk management around Brexit is about the politics of the situation, not just the law. To simply wait increases the risk and could do clients real damage, whatever sector they operate in. Brexit is as much about politics as it is the law, which might come as a shock to some firms.

To grasp that reality, law firms must shake off the shackles of tradition and think beyond the narrow confines of the law. US law firms have long worked alongside political specialists in delivering the best outcomes for clients. But in the UK, there are only a few examples of firms that think in that progressive way.

Mixing lobbying and the law is exactly what is required during the Brexit process. Effective engagement with government is not just about knowing what the law is and how it could change, but also a mix of communications, reputation management and understanding the political system and its pressures.

The main decisions around Brexit will be political; the negotiations will be headed by politicians. A deal will need to be agreed to by other politicians around Europe. These same politicians all need to be re-elected.

The idea that the scope for lobbying on Brexit issues is limited is wrong. Businesses should also not rely solely on trade associations. Individual businesses are their own best champions.

Making a point during a referendum campaign is not the same as conveying it directly to government. The new architecture of government, with its revamped departments, is only now coming into place, as are the people who will have the responsibility for doing the deals. There is no such thing as a collective knowledge in government, just as there is no such thing as “joined-up” government.

Specialist support from public affairs consultants alongside lawyers provides firms with the opportunity to deliver what their clients need. There are nuanced and detailed arguments to be made, but with the right political audiences, at the right times.

It is this very mix of understanding and knowledge around specific sectors, combined with politics and communications, that law firms can take advantage of – but only if they are really listening.

Stuart Thomson is head of public affairs at Bircham Dyson Bell, a law firm in Westminster

 
 
Tweet of the Day

"Siri, should I plead guilty or not guilty?" https://t.co/i920HfRprE

Colm Nugent @Wigapedia

 
 
Blue Bag

Legal aid man on world tour

The words “demob” and “happy” might very well have been brought together just to apply to Hugh Barrett.

The director of commissioning and strategy at the Legal Aid Agency is leaving after eight years in post and he wasted no time in telling guests at a post-lecture dinner on Wednesday that he is looking forward to “having the gap year I never had as a student”. Apparently, today he will walk out of his Whitehall offices and head straight for a London airport and a flight to South America.

Hot-footing it one step ahead of plod to a jurisdiction that does not enjoy an extradition treaty with Blighty? queried a fellow diner. Not at all, he reassured them, just the first leg of a world tour to clear his head of legal aid franchising contracts and all the headaches that go with it.

Legal aid lawyers will doubtless be bemused by the thought of a senior civil servant in their field having the wherewithal to indulge in such a grand tour. Practitioners themselves have seen such dramatic cuts to legal aid spending and eligibility over the time Barrett has been camped out in Whitehall that a wet weekend in Bognor would seem like a luxury.

Vara – ahead of his time

Shailesh Vara, the Conservative MP for North West Cambridgeshire, may no longer be in the Ministry of Justice, but he still seems to have an inside line on issues affecting his former portfolio.

Vara was with Hugh Barrett at the Wednesday evening event – a debate co-sponsored by BPP Law School and Politeia, a think tank, on legal aid and its role in “an effective justice system”.

The solicitor-turned-politician batted away suggestions that recent MoJ reforms aimed at streamlining legal aid provision would actually destroy the 65-year-old system. Technology would bring all sorts of efficiencies, he gushed, before launching into a favourite story about an unnamed senior judge from Africa.

It seems that when Vara was prowling the MoJ corridors he met the African judge, who enthusiastically explained that citizens in his country could communicate with local courts via their mobile phones. Vara was impressed and the story has stuck with him, he told an attentive post-debate group.

And then the next morning – the country awoke to the announcement that Liz Truss, the new justice secretary, aims to create an online plea system.

Mishcon jumps into children’s book market

Ricky Gervais has done it. Madonna has done it; even Barack Obama has done it. Many celebrities and others of notoriety have chanced their arms at penning children’s books. But a law firm? Surely a step too far for even the most adventurous of publishers.

Step forward Mishcon de Reya, the London law firm renowned for acting for Diana, Princess of Wales, which has just released Splitting up – a child’s guide to a grown up problem.

As the title suggests, Flanimals it ain’t. The Mishcon book – produced jointly with the charity Place2Be – aims “to give children’s views a wider platform” to discuss their emotions as their parents are separating.

“Confusion, loneliness, worry and the multitude of other feelings that accompany the breakdown of a family don’t have a gender, class, race or religion,” writes Sandra Davis, the partner who heads the firm’s family department, in the foreword to the book.

“It is not just our parental responsibility to our children that is vital,” continues Davis, “it is our societal responsibility to listen and seek to understand what children tell us about how we can serve their needs better in the event of family breakdown.”

The book is currently available through Amazon.

 
 
The Churn

A run down of the big partner and team moves this week

Ashurst haemorrhaging continue

Ashurst, the City of London law firm, continues to haemorrhage partners, with the latest to jump to a rival firm being Nigel Ward.

The leveraged finance specialist moves to the London office of Paul Hastings; he is the fourth Ashurst partner to make the move to the Los Angeles-headquartered firm this month.

But the website Legal Week reminded readers that Ashurst’s woes run deeper. Partner departures have hit the firm in Hong Kong and Abu Dhabi in addition to the UK capital.

Elsewhere, Herbert Smith Freehills, the magic circle wannabe firm, will be smugly smiling having poached a partner from one of the “big five”. Kathryn Sanger, an international arbitration lawyer in Hong Kong, is moving to the HSF partnership from the local office of Clifford Chance.

Back in London, James Earl has jumped from Pinsent Masons to join the sports law department at Fladgate as a partner.

And John Hartley, a financial crime specialist, joins the partnership at Hodge Jones & Allen from fellow London practice Mackrell Turner Garrett, while Graeme Hydari has been promoted to the Hodge Jones & Allen partnership table having previously been a consultant at the firm.

 
 
Quote of the Day

“We live in a society where you can apply for a mortgage or a job online, you can do your weekly shop from your home, plan holidays, weddings and parties on the internet. It’s high time our courts caught up.”