Covid-19 and the impact on food security and safety

Coronavirus image

What started in a “wet” wildlife food market in Hubei, China has reverberated across empty food isles in supermarkets across the world. The Covid-19 pandemic has brought food security and safety firmly into the world’s spotlight. It will – and should –  inevitably lead to a global regulatory reform of food security and safety legislation.

FOOD SECURITY

According to the UN, food security is a situation in which all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active healthy life.

Africa, by far the world’s poorest region, will record the largest amount of population growth of any world region between now and 2050.  Africa’s population is expected to more than double, rising from 1.3 billion today to at least 2.4 billion by 2050.  Nearly all of that growth will be in the 51 countries of sub-Saharan Africa, the region’s poorest.

A third of all people living in sub-Saharan Africa face severe food insecurity. They do not have enough money, or the resources to grow food, and regularly go for more than a day without food. This is caused by a combination of conflict, climate variability and weather extremes, according to the UN. New evidence continues to signal a rise in world hunger and a reversal of trends after prolonged decline.

It is clear is that global food production will have to increase dramatically over the next 30 years. In fact, it is estimated that we will have to produce between 25 and 100 per cent more than current levels.

FOOD SAFETY

Food security is dependent on food safety. A breach of food safety leads to food insecurity.1 Where malnutrition traditionally has been an African and Asian problem, Covid-19 has unequivocally demonstrated that food safety is a worldwide concern.

THE IMPACT OF VIRULENT DISEASES ON FOOD SAFETY

Covid-19 should not have come as any surprise to the world.

Three out of four new or emerging diseases in humans are transmitted by wildlife or livestock, according to estimates published by the Centres for Disease Control.

Covid-19 in all likelihood is a result of a breach of food safety.

Scientists now suspect Covid-19 originated in a bat, presumably at a “wet” wildlife market in Hubei, hopped to another animal, possibly the pangolin, which then passed it on to humans. The disease is now spreading between people without any animal intermediary.

The SARS outbreak in 2002 led to more than 8,000 infections worldwide with a mortality rate of 10%. It was caused by a coronavirus that jumped from bats to farmed civet cats bred for human consumption in China and on to humans. MERS originated in bats, jumped to camels and then to humans. The deadly Ebola virus originated in bats and jumped to primates.

Viral diseases do not only impact humans directly, it also threatens their food supply. African swine fever originated from wild boars and decimated the pork herds of China, the world’s largest supplier and consumer of pork. Avian flu originates from wild birds and then infected poultry stock in China, Brazil, Europe and the US.

Viral diseases do not only impact humans directly, it also threatens their food supply.

Closer to home, South Africa suffered the largest outbreak of listeriosis in history, which killed 180 South Africans. Listeria is bacteria that infected processed meat. South Africa also recently suffered the viral Foot and Mouth disease outbreak in its cattle herds, which led to bans on auctions and exports with devastating financial effects for cattle farmers.

FOOD SAFETY AND BIOSECURITY LEGISLATIVE REFORM

Similarly to the Enron scandal which led to the Sarbanes–Oxley Act and the 2008 financial crisis which led to a an immense volume of financial market legislation, the Covid-19 pandemic and other virulent diseases will – and should –  inevitably lead to a comprehensive global regulatory reform of food security and safety legislation.

On February 24th, 2020, the 13th National People’s Congress issued a decision “Comprehensively Prohibiting the Illegal Trade of Wild Animals, Eliminating the Bad Habits of Wild Animal Consumption and Protecting the Health and Safety of the People.” as a direct responses to Covid-19. China, however, has had wildlife trading bans on the books for three decades, but these have not stopped pangolins from becoming the most trafficked mammal in the world, nor have they prevented the spread of Covid-19 and other viral diseases.

China’s first wildlife protection law dates back to the late 1980s and includes an official list of some 330-endangered species. Illegally poaching, smuggling or trading pangolins, for instance, can carry lengthy prison terms. In 2000, China issued detailed regulations for more than 1,700 protected species considered to have biological, scientific or social value. In 2007, the sale of pangolin products outside of specially-certified hospitals and clinics was outlawed. As recently as 2018, Hubei Province, in which Wuhan is located, cracked down on unlicensed hunting and trading, but none of this has helped curb the trafficking of pangolins. Enforcement of legislation has been lax, and there were exceptions for licensed retailers. The latest ban also has loopholes that will allow the trade of wildlife for medicine or research.

It is clear therefore that not only global regulatory reform, but the universal strict enforcement of such legislation is required to protect food safety and humanity from viral diseases. If not, Covid-20 or 21 is a certainty.

Coronavirus – The legal considerations

Companies worldwide, including shipping companies, have been impacted by the outbreak of the Coronavirus, referred to as COVID-19.  

The shipping industry in particular has been affected a great deal. China is the world’s largest importer of crude oil, iron ore and soybeans and a very large steel exporter and therefore the impact of the virus outbreak on shipping has been significant.  

Many companies are already relying on contractual provisions to suspend their performance under various shipping contracts. There have also been numerous reports that many yards in China have declared force majeure due to the delays encountered. It should be noted here that provisions for force majeure events are not included in many of the charter party contracts.  

Force majeure events are unexpected events that are outside the reasonable control of the parties which allow the parties to either suspend performance or extend the time for the performance of the contract. If the outbreak continues, (and the signs unfortunately show that it will), ship owners and charterers may need to incorporate in their contracts more specific clauses providing for the effects of the virus and for force majeure clauses. Also, under time charter parties, where there is a delay caused by a quarantine or the vessel needs to deviate because a member of the crew has been infected, the vessel may be placed off-hire, depending on the specific provisions of the charter party.  

Many companies are already relying on contractual provisions to suspend their performance under various shipping contracts.

There is also an issue of shortage of crew or shipyard workers that needs to be addressed. Due to the travel restrictions or the quarantines imposed in many Chinese cities, many seafarers or workers are unable to travel to ports or may be placed into quarantine, resulting in shortage and disruption of vessels’ operations as well as yard operations.  

On the ship finance side, one needs to take into consideration the “loan to value” provisions that exist in shipping loans and that may be affected if, for example, the vessel values reduce as a result of the virus, further resulting in breaches of the loan provisions by the ship owners. Weaker markets in most shipping segments are already a reality due to the outbreak.  

Lastly, for shipping companies that are listed in the US capital markets, the Securities and Exchange Commission has provided guidance for disclosures that will need to be made by issuers advising their investors on the potential effects of the coronavirus, and how it may negatively affect their business. This will lead to additional disclosures being made by shipping companies.  

Currently we are seeing numerous negative outcomes due to the outbreak of the coronavirus in the industry, but it is still early days to ascertain the overall impact it will have on the shipping industry. 

COVID-19, contracts, and corporate social responsibility

As I write this piece, the recent Covid-19 developments in our country have forced private companies from all sectors to change the working practices in their corporate headquarters to working from home with immediate effect, to cope in real time with the evolving situation. These measures have been largely implemented with little warning and with a global- and country-wide effect, with the addition of uncertainty of the duration of these measures and their economic implications as the crisis develops.

In parallel, in-house legal departments are analysing and evaluating the effects of Covid-19 on contractual relationships of all sorts, as well as possible mitigating strategies that may need to be implemented. In particular, the performance of contracts that one can reasonably expect to be impacted by the spread of coronavirus (a large number of contracts of all types, indeed) will require deep analysis to confirm whether they include force majeure clauses that could potentially and ultimately excuse performance from any (or both) parties in the event an unforeseen scenario. These clauses are not always negotiated with the same intensity as pricing clauses, nor they are always drafted as carefully and, as such, their wording sometimes allows for different interpretations. The consequences arising from such a force majeure event will largely depend on what is provided in each particular contract. These clauses will sometimes include the right, under very exceptional and unforeseen circumstances, to suspend contractual obligations, to extend contractual milestones, or even to terminate the contract by either party depending on its intensity and duration. In other contracts, the affected party may be obliged to continue and adopt, where possible, remediation measures such as seeking alternative suppliers to meet its contractual obligations.

“In the long term this crisis will likely change the way we face risks generally. It will affect the way we work and interact in a professional environment.”

Important attention should also be placed on possible compensation from costs arising from any losses due to a force majeure event. In any case, it is crucial to bear in mind that determining whether the coronavirus qualifies as a force majeure event, as well as the enforcement of the relevant contractual consequences, will rely on the courts’ interpretation of the evidence provided by the parties and the legal merits of each given case.  This will require an individualised analysis of the particularities of the agreements concerned, and an assessment of the available evidence in order to give proper advice on the potential consequences of their force majeure clauses. These clauses will now have the opportunity to be tested in the scenario of a pandemic crisis. In-house legal departments will play a leading role in this issue, as it will be crucial for any contracts that play a strategic role for the company and/or affect the continuity of other activities.

On a different note, in the long term this crisis will likely change the way we face risks generally, and the approach corporations of all sizes and sectors take in respect to the possibility of unpredictable crises and assessing their impact. It will affect the way we work and interact in a professional environment.  Risk control departments, as well as legal risk assessments from in-house departments, will rise in importance internally, with potential scenarios being updated periodically and previously unconsidered risk categories being added to companies’ risk matrixes.

It will also likely give a different meaning to corporate social responsibility, putting it at the forefront of all boards and giving visibility to companies with strong leadership on this front who show a real, strong commitment towards it. We are now seeing great examples of true leadership that goes beyond direct responsibilities within companies to a much larger scale: Leading initiatives that, thanks to the huge power of globalisation and the scale of social and professional networks, have a very powerful reach. Let’s hope that we all, individually and general counsels in particular, succeed in giving this our best, always thinking in the long-term.

COVID-19 – The outbreak of a new reality

As I write this, three days of remote work have elapsed due to the Covid-19 quarantine in Lisbon. As the Portuguese authorities prepare to declare a state of emergency, there are now more than 400 confirmed cases, with more than 4,000 suspected cases in Portugal alone. The figures, I fear, will be much worse in the upcoming days. Across the border, in Spain, the situation is far worse – almost 12,000 confirmed cases, and a death toll of over 500. Around the world, numbers are immensely higher, about 200,000 cases worldwide and a death toll rising to almost 8,000.

Suddenly, like on 9/11, the world as we know it has changed dramatically, and who knows if it will ever go back to what it was?

The impact on companies is dramatic as well. With a sudden, unforeseen and drastic decrease in revenue, many companies will struggle to pay salaries in March. Most of them, possibly, do not have a cash flow that will allow them to pay for salaries in April if the major decrease in their revenue persists.

How will things evolve if, in April, a high percentage of employees do not collect their salaries? To what extent are governments prepared to deal with this kind of situation? Will safety, property and society, as we know it, be at stake if desperate times arrive?

Suddenly, like on 9/11, the world as we know it has changed dramatically, and who knows if it will ever go back to what it was?

By the time this article is published, we will most certainly (I hope!) have learned to deal with this dramatic situation; we’ll have managed to contain the virus and the worst will be gone (I also hope!). Still, on the day we are able to socialise, go to work, kiss and hug each other again, lessons must be learned about how to deal with a type of outbreak that could be more common in the coming years.

How will governments prepare themselves to respond to future similar situations, if they occur? What will society learn from this pandemic? How will we relate to each after the Covid-19 outbreak? In practical terms, other questions will arise. For example, to what extent is it really necessary for us to commute to the office every single working day, flooding our highways, our cities, polluting and draining our planet’s resources?

How will healthcare services organise themselves to respond to a pandemic situation in the future? How much should we invest in the research and development of vaccines and medicines? How will we address global health problems such as Covid-19 in the future?

Latest news tells us that, hopefully, China may have developed an effective vaccine to Covid-19. Nonetheless, it will most likely be late May before the world returns to a relative state of normality, when border restrictions are withdrawn, and people get back to their ordinary lives.

But there is still one question that disturbs me: What will the world look like by then?

Coronavirus: plan ahead to maximise firm resilience

Coronavirus image

The spread of the coronavirus gives rise to similar issues globally for employers: these include assessing the risks faced by their staff and professionals whilst at work and developing measures to control such risks, complying with local laws and guidance, identifying how much flexibility employers have to adapt their working arrangements to ensure business continuity, and special measures to protect vulnerable employees.

Issues may be similar globally, but solutions vary from country to country, depending on local circumstances and guidance.

All employers, including law firms, need to regularly monitor the situation, taking guidance from governments in their locations and also from international bodies such as the World Health Organization and notifying public health bodies, if any of their workers are suspected of being ill. In Italy, public health bodies, and not employers directly, are entitled to carry out sanitary checks on employees.

Law firms also need to consider whether their existing arrangements for protecting staff and visitors from harm take account of the risk arising from the virus. This may entail conducting a risk assessment to identify the likelihood of staff contracting the virus whilst at work and appropriate measures to control that risk.

Special measures are now advisable for dealing with vulnerable staff such as those with impaired immunity, those who are pregnant, or those who have a public-facing role.

“Law firms also need to consider whether their existing arrangements for protecting staff and visitors from harm take account of the risk arising from the virus”

Employers should also consider implementing a proportionate response, which may need to be reviewed regularly if the outbreak continues to spread, or new government guidance is issued. This includes reviewing workplace policies such as those governing health reporting; office and personal hygiene; social distancing; and the use of protective equipment.

In light of recent decrees issued by the Italian government, measures include: suspending non-essential travel and promoting work from remote for employees and professionals as well as paid leave and vacation; encouraging the sanitation of offices; requiring employees and professionals to report any symptoms; or requiring employees turning from a high-risk area to remain at home for a period of time.

Law firms need to adapt their working arrangements to improve operational resilience in case of staff absences or changes in demand for their products or services. First steps may include assessing the employer’s rights to require staff to work flexibly; asking them to perform different duties or work remotely, which in Italy is called smart working. In our country, the smart working rules have been modified to facilitate implementation by all employers. Smart working is now applicable also in the absence of the – otherwise mandatory – relevant written agreement and is replaced by mere email communication. This measure is temporary.

Staff may also seek additional flexibility if they have difficulty attending work, for example, because they are caring for dependents, or schools are shut or transport is disrupted. In these situations law firms need to respond in a proportionate, reasonable, and consistent manner. 

Law firms will need to consider how they will respond to a range of situations including those where staff are willing but unable to work, due to being quarantined or unable to travel; or they are able but unwilling to work because they are concerned about the risks of travelling or being in the workplace.

In the latter case law offices in Italy are still operating and not forced to close by government orders; therefore staff are required to work normally, although with the implementation of all the above-mentioned measures and, in particular, smart working.

In some cases, local laws or government guidance may indicate when it is appropriate to continue paying staff who are absent, for example, if they are quarantined. In this period at the peak of the emergency, the Italian government is also studying measures to provide economic support for employers forced to suspend their activity.

For staff who are unwell, their contract or local laws will usually define their entitlement to sick pay. While the need to travel frequently is a characteristic of the legal profession, it is now generally avoided.

Eversheds Sutherland managing partners work in relation to guidance, again having regard to advice from the authorities, following government guidance and providing appropriate support review how best to protect staff and professionals, especially when tailored guidance and support may be appropriate. Further considerations include whether measures are in place to deal with staff being quarantined or falling ill. 

In Italy travel is now forbidden, unless for proven indispensable business needs, and meetings are normally conducted by video link. Again, the key is to be proportionate, reasonable and consistent, and to ensure that local partners and professionals are trained on those principles.

In conclusion, it is essential for all employers, including law firms, to keep abreast of government guidance and adapt their plans accordingly. The key is to plan ahead, thereby enabling professionals to be well prepared to support their staff and to maximise the resilience of their business.

Creating visibility for disability

Ashleigh DoRozario photo

I am a legally blind lawyer. I never thought I would say that! When I was growing up, I wanted to be a marine biologist but, sadly, chemistry was not my strong suit. After high school, I was unsure of my next move and fell into a legal secretary position at MinterEllison while I was figuring out what tertiary degree to study. To be honest, studying law never crossed my mind.

My early days at MinterEllison were a lot of fun and the study plans soon fell by the wayside. It was also during those days that I met, and worked for, my now-husband, Craig! And, back then, I could see.

I spent three years at the firm before moving to a secretarial role at Corrs Chambers Westgarth. After a year there, Craig and I got engaged while holidaying in France, and we returned home to begin a new chapter of our lives, relocating to Potts Lawyers on the Gold Coast. Little did we know, our lives were about to take an incredible turn.

I was driving home from a friend’s wedding when I asked Craig to clean the smudge off the glasses that I occasionally wore when driving. Oddly, the smudge kept reappearing and once we had returned home, I realised the smudge was in fact a problem with my right eye. I did not think much of it, believing I was simply tired from a long day.

The next morning, however, a complete fog had descended in my right eye, and I could not see. It was dark, and painful on movement. At that time, retail trading on a Sunday was unheard of, so I painstakingly waited another day before I visited my local optometrist. In hindsight, I should have gone straight to the hospital.

The optometrist performed many tests – all of which I failed miserably – and arranged an ophthalmologist to consult with me that same day. I realised then the seriousness of my blurry eye and the worry increased. Unfortunately the ophthalmologist did nothing to quell my nerves and on review of my right optic nerve, he told me I likely had one of two conditions – Multiple Sclerosis (MS) or a brain tumour. Naturally, I was distraught.

My mother had been diagnosed with a brain tumour when I was just 12 years old. And so, while I ignorantly believed that all people suffering from MS were wheelchair-bound, I was almost hoping for an MS diagnosis. I did not want to go through the battles my mother had.

I underwent an MRI and consulted with a neurologist the following week. That week-long wait for answers was terrifying, and recalling the turmoil of that period in my life is heartbreaking to this day. While I have done my utmost to press forward with my life, unknowingly I have suppressed these emotions. It truly was traumatic.

I was cleared of a brain tumour, and placed on steroids to try to reduce the inflammation of my optic nerve and regain my eyesight. I was told that 50% of patients experience just one episode of optic neuritis. The other 50%, who suffer recurrent episodes, are generally later diagnosed with MS. I felt hope that there was a decent chance of recovering from this.

Fast forward six weeks – just before Christmas in 2008 – I had another episode of optic neuritis, but this time in my left eye. By January 2009 I was diagnosed with MS. I was given higher-dose steroids to reduce the inflammation in my left optic nerve, and injections every other day to try to temper the autoimmune condition.

Over the next two years I see-sawed with recurrent episodes of optic neuritis, had numerous week-long hospital stays for intravenous steroids, and trialled many MS medications. My neurologist referred me to a specialist MS neurologist who then took me off all MS medications and trialled plasma exchange therapy. This was a particularly tough period in my life, as a catheter was inserted via my jugular into my heart, and I was hooked up to a dialysis machine that would strip the plasma from my blood and replace it with synthetic plasma.

The treatment did not work. A few weeks later, I had another episode of optic neuritis which pushed me over the edge into legal blindness.

At this point, my new neurologist expected I was misdiagnosed and likely had a rare autoimmune condition known as Devic’s Disease. He placed me on an experimental immunotherapy treatment, of which I believe I was just the second reported case study in Australia. The experimental treatment was not without serious risks of brain infection and death, as it was a form of chemotherapy usually used to treat Non-Hodgkins Lymphoma.

Today, almost nine years on, my vision has stabilised without any further episodes of optic neuritis since being on the ‘experimental’ treatment. I am very lucky. While I am legally classified as blind, I am not totally blind. I liken my vision to a sighted person jumping in the pool without goggles. I can still see silhouettes and objects, albeit blurred, but I am also colour deficient, and have limited peripheral vision.

With my vision not further deteriorating, I have been able to slowly recuperate from all the rigorous medical treatments and, ever so slowly, the emotional trauma too. It’s been important for me to maintain normalcy in my life, and in the beginning I continued to work part time throughout my treatment – mainly for my own sanity, and to have something to draw my attention away from being sick. Over the years, I returned to full-time work, advanced to a paralegal level, and was relatively content with my life. Looking back now though, I realise I lacked confidence and was reluctant to plan a long-term future for myself, especially when it came to contemplating my career.

Living life to the fullest
When I first became blind, my husband and I consulted a psychologist and developed mechanisms to help us adjust and adapt to our new life living with disability. Perhaps his greatest advice was to live my life with as little regret as possible and to focus on all the things I wanted to see, do, and accomplish while I still had the capabilities to do so.

The first thing I did was to start fundraising for people living with MS and Devic’s Disease. My husband encouraged me at every opportunity, realising the therapeutic importance for me to actively participate in events to advance awareness of these autoimmune conditions, and to fundraise for much needed research and resources for patients. Over several years, through various half-marathons and swimathons, we raised (along with family and friends) over $100,000 for MS charities. Along the way, we picked up several awards for Highest Fundraising Individual, Highest Fundraising Team, and Most Laps Swum.

As a result of our fundraising efforts, I received a Go for Gold Scholarship from MS Australia in 2012, which I utilised to fulfil a cake decorating dream. I was then recognised by His Excellency The Honourable Paul de Jersey, Governor of Queensland (and former Chief Justice of the Supreme Court of Queensland) as MS Queensland’s 2015 Young Person of the Year, and again in 2018 as one of the 60 Most Influential People in MS Queensland’s 60 Year History.

The second thing I turned my attention to was travel, for fear that I would continue to rapidly lose my eyesight and be unable to see the beauty of the world. My husband and I prioritised annual overseas adventures, gradually ticking off the bucket-list destinations: London, Paris, Italy and the Mediterranean, and New York. We did star gazing at Uluru; safari in the Serengeti; and swimming with whale sharks in the Maldives, seals in the Galapagos, stingrays in the Caymans, and dolphins, turtles, and rays in Hawaii.

In 2015, I caved in to one of my husband’s desired destinations despite having reservations – trekking the Inca Trail to Machu Picchu. In hindsight, I had no idea what I was in for. I vividly remember it raining, and having to trek down the slippery rock-formed ‘stairs’ of Dead Woman’s Pass, all the while frantically sucking in the air for any slither of thick oxygen. Gasping for breath and with incredibly foggy vision, I navigated this portion of the trail on my backside… but I did it, I got there!

Despite being the youngest travellers in our small group – which included adventurers in their 50s and 60s – we were always the last ones to arrive at camp. On the final night, I eventually confessed my condition to our fellow travellers and they did not believe me at first. I had relied heavily on walking sticks but people just assumed it was because I could not handle the altitude, having only trained at sea level on the Gold Coast. (This was partially true!)

I returned home from this adventure with an incredible sense of achievement – I had surprised myself with my determination to reach our destination. The very next week I accepted MS Queensland’s Young Person of the Year award at a Government House reception. Feeling on top of the world, I allowed myself to contemplate a future.

Planning for a future
As a paralegal at Potts Lawyers, I had developed a friendship with a personal injuries barrister who we briefed regularly (now His Honour Judge Nathan Jarro of the District Court of Queensland). We met when I was first diagnosed and Judge Jarro held a genuine interest in my wellbeing, always listening and offering kind words of encouragement. Judge Jarro saw beyond my illness and disability, and realised a potential in me that I could never fathom. The same can be said for my husband. For years, Craig and Judge Jarro had relentlessly enquired as to why I was not studying law, and I did not have the courage to tell them that I felt I could not pursue a future for myself because I did not know whether a sustainable future existed. At that time, not much was known about Devic’s Disease and the common prognosis was that within five years I would become totally blind, paralysed, or both. After all the years of encouragement and support from my husband, family, and colleagues, I finally believed that perhaps I could have a ‘normal’ life, study law, and eventually become a lawyer.

It was not without its difficulties however. I continued to work full-time as a paralegal, and required annual immunotherapy treatment (becoming incredibly fatigued for months when I am due for the next dose), all the while studying at night and on weekends. While my autoimmune condition was relatively stable, I contracted Mumps as a consequence of being immunosuppressed and unable to have live vaccines. Most concerning, however, was that my Mum’s brain tumour – which had remained dormant for 13 years following her initial course of radiation – started to grow again.

Over the next five years, my Mum had a craniotomy to debulk the tumour, four more rounds of week-long (sometimes weeks-long) radiation, two courses of oral chemotherapy, and tried every natural therapy she could. In 2016, she was given a 4–6 week terminal prognosis.

Mum outlasted her terminal prognosis by three and a half years. That is the measure of her incredible strength and willpower. She had personal goals. She was determined to see me graduate from law school. Mum was admitted to palliative care while I was undertaking my final exams. She received in-home care for a short period and while extremely sleepy and heartbreakingly losing her physical abilities, including becoming totally blind herself, she was alive when I finished my very last exam and she was able to tell me how proud she was of my achievement.

I have never met anyone with the same courage, tenacity, and strength of conviction to withstand such a horrible slow deterioration, just so she could be with her family and support us as we so needed. My Mum is my hero, and if I can be just half the person she was, then I will be incredibly lucky.

Less than a fortnight after Mum’s funeral, I started Practical Legal Training at the College of Law and five months later was admitted as a solicitor. It was a bittersweet moment.

I have always held an interest in personal injury law as my life has given me the experience of learning how to adapt to unfavourable and unforeseen circumstances, and has ultimately instilled a drive to help people navigate through their newfound lifestyle.

It was not until recently, however, that I gained the confidence to stand up for my disability. These past couple of years, I have applied for career development opportunities and despite being well qualified and experienced, I did not receive a single interview. A friend who works in public relations and marketing cautioned me from the outset and advised me not to disclose my disability in my resume. Naively, I ignored her advice.

The legal profession parrots the importance of candour, and prides itself on promoting equity and diversity, but not everyone in the industry subscribes to these beliefs. To this day, there remains a misconception that people living with a disability are not capable of performing to the same standard as abled people. This stigma is unwarranted, and because of it, there is a reluctance amongst colleagues to own their disability for fear of reprisal, bullying, or exclusion.

For the most part I am fortunate to have received a lot of support and encouragement within the legal industry. Disappointingly, though, I have come across people who have actively excluded me. I cannot be sure why, but I assume they might perceive it too difficult to deal with my disability and make modifications to include me in their plans.

The constant battle and hurt has consumed me in the past, and is still somewhat difficult to silence even now. I cope by turning my attention to those colleagues who are willing to see my potential and look beyond my disability, instead choosing to embrace and concentrate on my abilities.

Realistically, with modifications to suit our varying needs, people with a disability can achieve and succeed. In fact, we are often more grateful for the opportunities rarely granted to us that we strive harder to earn the respect of our colleagues. My disability has given me the great advantage of being able to adapt quickly, and has also gifted me a fierce determination to succeed in whatever I do.

“With modifications to suit our varying needs, people with a disability can achieve and succeed. In fact, we are often more grateful for the opportunities rarely granted to us that we strive harder to earn the respect of our colleagues”

My remaining senses have certainly fine-tuned over the years since becoming blind. I have most particularly developed keen hearing and a wonderfully retentive memory, and my taste and touch have improved too. I have also developed a sixth sense: having a greater level of emotional intelligence and empathy, which is something every lawyer needs!

Sidelining disabilities
Despite now being blind for almost nine years, I have been extremely reluctant to outwardly expose my disability in a professional setting (aside from my immediate environment) and had never publically used my cane until just last month. Late last year, I was fortunate to catch up with Judge Jarro, and as were walking to our destination we were confronted with council works on the sidewalk. He helped me navigate the temporary footpath and ever so kindly suggested I should consider getting myself a cane. We have been friends for over a decade yet even he didn’t know that I secretly had a cane collapsed and hidden in my handbag.

Following my admission as a lawyer and over the festive season just passed, I trawled through legal industry websites spanning a range of jurisdictions and realised there was very limited support for lawyers living with a disability. There is a strong focus on gender equality, cultural diversity, and sexual identity, and I am pleased to see advocates from these minority groups are gaining traction within the legal profession. Sadly, however, disability is seemingly sidelined and left behind. It is unacceptable.

The Law Society in the UK has forged a path with their Lawyers with Disabilities Division, promoting inclusion for anyone with an impairment, advocating for secure work placements and equal opportunities, and lobbying for legislation protecting basic human rights. A couple of States in Australia are on their way to recognising the importance of addressing equality, diversity, and inclusion for disabled legal professionals also.

I am delighted to be a member of a new initiative advanced by the Queensland Law Society this year: the Diverse Abilities Network (currently pending approval as a Committee).

“There is a strong focus on gender equality, cultural diversity, and sexual identity…Sadly, however, disability is seemingly sidelined and left behind. It is unacceptable”

In my discussions with fellow members of the QLS Diverse Abilities Network, I realised closeted behaviour was a common theme amongst other professionals living with a disability. As I listened to similar stories, I recognised there was no need to be ashamed of my vision impairment. The problem is not my disability: it is society’s view of my abilities. Within the profession, people with impairments need to lead by example to destigmatise disability, by displaying the courage to share our stories and experiences, and creating awareness of our diverse abilities.

Ultimately, there is no diversity without disability. It is through education that we can aspire to inclusivity within the profession. There needs to be visibility for disability.

Following the Network’s inaugural meeting, I was inspired to ‘come out’ of the disability closet, and be photographed with my blind cane. It was empowering. I am excited for a profession that truly accepts disability, embraces our diverse abilities, and seeks inclusivity for all.

Day-to-day practice
I am extremely fortunate to have my husband for my boss, and we have the convenience of travelling to work together. Obviously, I cannot drive! Logistically, I am set up with a large 32” monitor and a fully-electric, sit-stand desk to assist with issues that come with straining my neck to see.I have a heavy-duty document stand for brief folders and a magnifying glass paperweight with light, to assist reading documents. Although a strain, I can make out 12-point font with these tools. I have trialled using special assistive technology, but ultimately it is my personal preference to view documents electronically on my desktop, or use the accessibility functions on an iPad.I use an iPhone App called KNFB Reader where I can take a picture of, say, a menu and either magnify the photo, or the App can convert the image to easily readable text, and can also operate Text-To-Speech.

I run ZoomText software on my desktop which allows me to zoom in and out of a section of the screen for easy viewing. It can also operate as Text-To-Speech, but I am a visual learner so prefer the magnifying option.

I am extremely lucky to become blind in the era of smart devices, and to have some sight remaining. I do not need to learn Braille or rely on large print publications. My iPad is my life! It can magnify internet pages with ease, and I can easily download eBooks and increase the font pending my vision needs.

For more information, please get in touch with :

Ashleigh DoRozario, litigation lawyer, Potts Lawyers, Australia

Survival of the most adaptable

Benjamin Franklin once said, ‘When you’re finished changing, you’re finished’. This year Thomson Snell & Passmore is celebrating 450 years, the world’s oldest law firm as certified by The Guinness Book of World Records. We wouldn’t be here today unless we were able to embrace change. From leading the way as early adopters of technology in the 1970s and setting up a publishing arm producing the first set of legal precedents (which we later sold to Sweet & Maxwell), to being one of the few firms that actively encourages staff to engage directly with SoMe as an important platform for communicating with clients, potential recruits, and alumni, anticipating and responding to change is part of our DNA.

As we move into the next decade, this ability to predict and embrace change will perhaps be more important than ever. Revolutionary technology, evolving client demands, changing client demographics, increased competition, and an ongoing fight for the very best and brightest talent, have all combined into a perfect storm of challenges for law firms.

Against a backdrop where clients want near instantaneous responses, but still need lawyers who can be measured, trusted advisers and where there seem to be new market entrants weekly, it is perhaps more important than ever for law firms to really know their strengths and have a clear, actionable proposition.

For us, this means providing quality services without the London prices, developing long-standing client relationships, and offering challenging and rewarding careers where we empower people and treat them as adults. It also means a continued commitment to the community we have been a central part of for more than 400 years and preserving the culture we have developed and that we are extremely proud of.

This is not something any firm can afford to pay lip service to. In a world of ‘fake news’ and ‘influencers’, clients and employees alike want authenticity. The most effective way to do this is to listen to your clients and people. Keeping them at the heart of everything we do is vital to our success. The culture that underpins the firm ensures any change is done in the right way. Our culture is all about putting people first, both our clients and our people. And we are huge on integrity, on doing the right thing.

Knowing what to change and what to keep, when to diversify and when to specialise, is also key. Having weathered several recessions in recent history, this is a lesson the firm has learnt well. Our extensive expertise in both dispute resolution and clinical negligence and personal injury was born out of a recognition that the firm needed to diversify to survive; we were one of the first clinical negligence teams in the country.

Know your priorities
Of course, none of us has a crystal ball, but change is inevitable and it is the firms that understand this and are constantly looking ahead that will stand the test of time. I spend a lot of my time talking to our clients and people about what we do well, what we need to improve on, and what is coming down the pipe. I always learn something from these conversations and they are a vitally important way for me to stay focused on our priorities.

Two examples of this with clients are, firstly, our Brexit barometer (in place since the UK voted to leave the EU), which allows us to directly connect with our clients about their concerns and understand how we can help. The second example is becoming recognised as Dementia Friendly, as we respond to the needs of an aging population.

People nowadays rarely want the same job for life so the workforce is much more fluid and what appeals to a school leaver may be different to a returning-to-work mum or someone with 30 years of experience under their belt.

Regarding our people, we recently moved our Tunbridge Wells teams into new specifically kitted-out offices where we are all open plan. This involved substantial changes to the way in which we work, encouraging more collaborative working. But work isn’t just a place you go, it’s what you do, so we are actively looking at smarter ways of working. Remote working isn’t suitable for all roles and it’s different for each department, but most of our clients don’t mind where we work as long as we are accessible.

Recruitment is a critical challenge for a high proportion of law firms including us. Being able to offer compelling and attractive opportunities is essential, as is the ability to appeal to an increasingly diverse audience. People’s demands of their employers are changing, be it recognising work-life balance or enabling smart ways of working.

Self-sufficient lawyers?
People are also progressing their careers in different ways; we have apprentices, people studying for CILEX, and others who have changed career paths from pharmaceutical sales to become partners and those formerly employed by the police force have become probate specialists. Roles within the firm are changing, too, particularly around the balance and type of work of lawyers and business services. One question we are currently addressing is whether the pendulum has swung too far by making lawyers too self-sufficient and are we really making the most of the skills sets of our secretaries?

People nowadays rarely want the same job for life so the workforce is much more fluid and what appeals to a school leaver may be different to a returning to work mum to someone with 30 years of experience under their belt. People’s motivations and the rewards and recognition they want are different and we have to respond to that.

We have an award-winning trainee solicitor programme that ensures our trainees get real coalface experience, they enjoy the responsibility and we enjoy having some of the best trainees in the industry.

Succession planning
We have family clients that have been with us for four generations which is testament to the importance we place on understanding and responding to our clients’ changing needs. It is not taken for granted, though, that the next generation will use the same advisers as last, so being attuned to the changing needs of clients is key. Families and succession planning also point us towards serving an aging population; the 65-90 year old age group is growing fastest and there are many questions to be answered and challenges to be overcome in terms of providing the care services, infrastructure, and health services they will need. But every challenge is also an opportunity and we will be working to help clients navigate this new landscape.

But what of our future? In June we welcome a new senior partner and we launch our next five-year business plan which has ambitious goals for growth, the majority of which are organic. Fundamental to this will be our ability to attract and retain the right people and to deliver excellent service and advice to our clients. While we will continue to embrace change, some things will stay the same. We will always place our clients and our people first and will remain committed to the communities we serve.

Finding your ‘belonging’ in law

Four out of nine members of Norton Rose Fulbright’s US Management Committee are women. And three of these women come from minority backgrounds. In recognition of this strong example of female leadership within one of the largest global law firms, Helen Donegan (US editor for content) spoke with these partners to hear about their practices and management responsibilities, and to ask about their experiences as women in the legal profession

To start, please can you provide a brief overview of your areas of responsibility within the firm, and as part of the US Management Committee?

Shauna Clark: As members of the US Management Committee, Gina, Stacey, Judi, and I support our US managing partner, Jeff Cody, in the management of the firm’s US operations and strategy. We work tirelessly to ensure that our firm provides first-rate legal services to our clients so that we remain a consistent leader in the US legal field. In addition to my role on the US Management Committee, I am also the head of our US Employment and Labour practice. I am responsible for making sure that our exceptional employment and labour lawyers provide employers with excellent consulting advice and strongly defend them in contested proceedings. Our aim is to assist corporate America in fostering a strong work environment and corporate growth.

Gina Shishima: We have three primary groups within the firm: Intellectual Property, Litigation, and Business. I recently led our US Intellectual Property group and worked closely with the heads of Litigation and Business to manage the three primary groups. Now, as our new Chief Operations Partner, I work closely with Jeff Cody to manage the business services side of the law firm, as well as implementing strategic initiatives that touch on a variety of aspects of the firm’s business. I am also on our partner compensation and promotion committee, and I previously led our Diversity and Inclusion Committee, which is something that is still a very important area of focus for me and others on the Management Committee.

“Our Management Committee is very flexible, and we are able to balance the service side of our practices with our management/administrative responsibilities in light of this premise”
Stacey Martinez, Global Co-Head of Life Sciences and Healthcare

Stacey Martinez: I have held several titles over the past few years with a variety of responsibilities related to each. I am currently the Global Co-Head of our Life Sciences and Healthcare group and serve on the committee that sets compensation and recommends new partners into the partnership. Previously, I served as the Partner-in-Charge and Administrative Partner of the Austin office. As part of the US Management Committee, we are responsible for the business and strategic side of our law firm and we set policies that, among other things, show our commitment to diversity and inclusion (as already alluded to).

Judi Archer: In addition to serving in my first year on our US Management Committee, I am the Chair of US Hiring, which means I have oversight for law school and experienced lateral hiring across the US. I have held various other leadership roles since joining the firm 15 years ago, including most recently as a member of the firm’s Partnership Committee for three terms, a particular honour since that committee is elected by all of our partners. I also served for the past six years as Chair of the US Women in the Firm Committee and Women’s Network. We have held all of these leadership positions while maintaining active legal practices.

How do each of you balance client needs with these management responsibilities?

Clark: I am passionate about both client needs and my firm’s management. When I undertake my professional obligations, I do so with the deepest commitment to doing every task to the best of my ability. Sometimes, it is difficult, but I am blessed to be surrounded and supported by a great professional and personal support system. My support system, coupled with my faith, enables me to give my best to both the clients and the firm members I proudly serve.

Shishima: I work with a talented team that works hard to make sure that clients are getting their legal needs addressed in a way that is timely and meets, if not exceeds, their expectations, and they get me involved as needed.

Martinez: Serving client needs is the basis of our foundation and it is our number one priority. Our Management Committee is very flexible, and we are able to balance the service side of our practices with our management/administrative responsibilities in light of this premise. In other words, client needs are paramount and we find the time to manage around providing excellent legal advice and counsel.

“Women lawyers need to have the freedom, equal opportunities, and sponsorship to develop and showcase their talents without man-made
hindrances”
Shauna Clark, Head of Employment and Labour, United States

Archer: I balance these needs in the same way that I prioritise work obligations, or work and family obligations. It is less about balance and more about managing and prioritising competing obligations. I am fortunate to work with a tremendous group of partners and associates, and know that when I am occupied with management responsibilities, my clients and matters are in good hands. And when I am in court or with clients, other firm leaders will ably handle management issues with as much input as I can give.

Within your individual sectors, what do you think will be the biggest challenges for clients over the next 12 months?

Clark: The workplace is rapidly changing. The gig economy, artificial intelligence, employee activism, and the proliferation of state legislative changes impact the work space and present new challenges for today’s employer. Pay equity, legal compliance, workforce management, and diversity and inclusion are at the forefront of our clients’ focus. Our firm’s Employment and Labor team know this, and we are particularly poised to assist our clients in addressing these challenges in an efficient, effective, and productive manner.

Shishima: In the IP sector, the biggest challenge facing clients is bringing new products to market in the face of increased regulatory scrutiny and high R&D costs. High R&D costs are often due to the unpredictability in identifying products that ultimately have clinical value.

Martinez: I think big data and technology are going to continue to impact the life sciences and healthcare industry for at least the next 12 months and probably well into the future. The collection of data from a variety of sources is necessary to thrive in this space. HIPAA concerns, privacy issues, and regulatory requirements, however, will need to be addressed, overcome, and/or revised to allow the industry to use the data in a manner that is helpful, insightful, and meaningful. This is the only way our life sciences and healthcare clients will be able to meet the needs of their patients and constituents. And the race for technology is on, which is creating a frenzy of activity to find the next best disruption. All of this is leading up to the establishment and growth of personalised medicine, including gene therapies, artificial intelligence that assists with medical treatment, and, more importantly, preventative care.

“Now, the four of us – and a number of our women partners – hold important leadership roles, provide valuable input into our business and, I hope, inspire the next generation of women to know they can succeed”
Judi Archer, Chair of US Hiring

Archer: My practice – commercial litigation and employment – requires keeping up with substantive litigation issues that span different industries. But clients are also focused on industry-specific issues and look to us to advise on what issues we and other clients are experiencing and seeing on the horizon. In addition, they want us to continue to find innovative and efficient ways of delivering legal services. We are fortunate to be able to draw on our firm’s global reach and perspective, deep industry knowledge, and innovative technology and processes to help our clients address all of their challenges.

What have been the biggest challenges for you as a woman in the legal profession?

Clark: I subscribe to the premise espoused by US Supreme Court Justice Ruth Bader Ginsburg, quoting Minnesota Supreme Court Justice Jeanne Coyne, that a ‘wise woman and a wise man reach the same conclusion’. The biggest challenges are simply doing the many jobs well and repeatedly opening doors for and supporting all women and minorities so that they may not only succeed but thrive. Women lawyers need to have the freedom, equal opportunities, and sponsorship to develop and showcase their talents without man-made hindrances.

Shishima: For me, it is all of the competing demands on my time as a partner in an ever-growing competitive law firm market that seem to increase rather than abate as my career progresses. While having young children presented its own challenges, the need (and desire) to be present and involved when they get older grows along with the demands of the job. While men and women both face these issues, having a spouse with his own career means continually navigating how to divide and conquer.

Periodically, I do what I call an Ann-MarieSlaughter check, and I evaluate whether I need to make any significant changes in my job for the sake of my family. (Professor Slaughter had a much more high-powered job on Secretary of State Clinton’s team and she wrote about resigning that position in order to re-prioritise and focus on challenges her family was facing). Knock on wood, I have not reached that point, but I acknowledge I have been very fortunate in many ways.

Archer: We are part of a profession largely structured by earlier generations and dominated by men. The law firm model doesn’t necessarily reflect women’s realities, strengths, or personalities. Women may be judged by traditional male standards, based on stereotypes or biases, which can impact how we are perceived and what opportunities we get. Although the legal profession has made real progress on diversity, there is less emphasis on rethinking the profession and more pressure on women to conform our behaviours to succeed. Ultimately, we have to continue to push for our profession to better reflect our changing society and workforce. We must bring our own personalities and strengths to our work and make sure we get opportunities because of, not in spite of, who we are.

What do you think is the most effective thing Norton Rose Fulbright does to support its female lawyers?

Clark: Norton Rose Fulbright truly ‘walks the walk’. It genuinely values its women lawyers. The firm has a serious and realised commitment to the hiring, inclusion, retention, promotion, and advancement of women lawyers in all meaningful positions in the firm, as is evidenced by the number of women who hold major leadership positions in our firm on the Management Committee, the Partnership Committee, the Partner Review Committee, and as practice leader heads.

Martinez: I believe that one of the most effective things we have done is implement our ‘Career Strategies Program’. It is a training programme designed to equip our senior female associates with strategies and techniques for achieving their full potential. We have been able to measure the success of this programme by the number of new female partners we make each year; in its inaugural year, 100% of our new female partners participated in the programme.

Archer: For women to succeed at the firm – and in the legal profession generally – it is important for them to see women among firm leaders and decision makers. Our firm has a strong history and current commitment to ensure that its women lawyers have leadership opportunities – on management committees as already mentioned, running practice groups, and offices. When I joined the firm 15 years ago, half of our then-Executive Committee were women partners. Now, the four of us – and a number of our women partners – hold important leadership roles, provide valuable input into our business, and, I hope, inspire the next generation of women to know they can succeed.

“Find your ‘Belonging Group’ – a group of people who accept and support you”
Gina Shishima, Chief Operations Partner

What involvement (if any) do you have in any wider diversity initiatives or those specifically designed to support and advance women in the legal profession?

Clark: I am intimately involved in diversity and inclusion efforts, particularly for women and minorities. As an African-American woman lawyer who has achieved many ‘firsts’ in our firm as both a woman and a minority, I know the importance of passionately advocating for diversity and inclusion both within our firm and in the work environments of our firm’s clients. I helped develop and enforce our firm’s diversity and inclusion policies and efforts, and I counsel the boards and C-suite executives of many of the largest domestic and international employers on the importance of diversity and inclusion of women, not only in the workforce at large but also in executive leadership positions. There is a genuine understanding today that corporations achieve greater results with the significant involvement of women, including women lawyers.

Shishima: I have been active in the National Asian Pacific American Bar Association (NAPABA), and for several years I co-chaired the Women’s Leadership Network and worked hard to increase the programming for women attorneys at the NAPABA convention. More recently, I worked with others to spearhead an effort through NAPABA to provide a network for Asian-American law firm partners in senior management of large law firms, and we are working to increase the number of law firm partners at those higher levels in management.

Archer: I am the Chair of the Women in the Legal Profession Committee of the New York City Bar Association, which offers programs to support women lawyers and promote equality in the profession. I routinely participate in panels and conferences on gender-related issues. I’m also involved in an informal group comprised of women leaders at top firms who share best practices on gender and diversity initiatives.

What is the best piece of advice you have been given?

Clark: Always strive to do your best, never give up, and accept no limitations on your own potential.

Shishima: Knowledge is power. Whether it’s knowledge about the facts of a case, the law, a particular industry sector, the client, the partner’s work style, or internal law firm politics, any of it can help progress your career in a meaningful way if you pursue that knowledge and then use it strategically.

What advice would you give to junior female attorneys hoping to advance within the profession?

Shishima: Find your ‘Belonging Group’ – a group of people who accept and support you. Peers and/or a sponsor can make all the difference (and they may not bear any resemblance to how you see yourself or to the people you usually associate with). If you can identify them, that is an investment of your time and effort that will lead to benefits throughout your career.

Archer: Be intentional and consistent about developing and maintaining meaningful relationships – inside and outside your firm or organisation. I see the importance of this advice every day, and would encourage all junior female attorneys to keep it top of mind. Relationships are crucial to every aspect of our professional lives. Creating close client relationships will assure clients that they can trust you to understand their business and help them overcome problems and challenges to achieve business goals.

Having been a client, I understand the positive impact of strong in-house/outside counsel relationships. Within a firm, establishing and investing in relationships will lead to better training and feedback, more responsibility, and, ultimately, advocacy on your behalf – for work, promotions, business, and leadership opportunities. Finally, having real friendships with your colleagues (like Shauna, Stacey, and Gina) enriches your professional and personal life immeasurably.

What are you most proud of in your career to date?

Clark: I am most proud that my legal accomplishments have not come at the expense of my faith or family. God comes first, then family, and then our law firm.

Shishima: I am most proud to have served on the Management Committee as an Asian-American woman with Shauna and Stacey, two other women of colour – one African-American and the other Hispanic/Latinx (who also is a member of the LGBTQ community). They have my utmost trust and respect, and I am looking forward to continue serving with them along with Judi, our newly added female colleague.

Martinez: I am incredibly proud of the work I did in the vaccine litigation as it is such a public health issue. I am also proud to have spent my entire career practicing law at Norton Rose Fulbright. The values we have embraced – quality, unity, integrity – are the ones by which we live and breathe. My career at Norton Rose Fulbright started out as a phenomenal learning experience, turned into a gratifying and successful legal practice, and is now one in which I help develop the strategies for our next generation to run with and push us to even greater heights.

Archer: I am also most proud of the successes I’ve achieved for my clients, but a close second is the impact I’ve had in training and mentoring more junior colleagues. I believe we all have a responsibility to the next generation of lawyers, and I’ve been told by more than one woman lawyer that they’ve seen me as an example of how to succeed without sacrificing my home life. My husband and I have built a really close-knit, joyful family, with two incredible kids who are proud of me.

Submission tips for the Australia and Hong Kong Bar

The next edition of The Legal 500’s Asia Pacific guide will include an exciting expansion with the introduction of rankings for the Australia and Hong Kong Bars. Following our decades of tried-and-trusted research into the Bars of England & Wales and Scotland, our rankings of Australia and Hong Kong will also be based on in-depth market research; assessing recent case highlights provided in submissions by chambers, and speaking directly to in-house lawyers, instructing law firms, and peer barristers to gain a rounded view of the Bars’ elite members and their chambers.

Specifically, when deciding on the rankings we will consider the complexity and profile of cases handled in the past year; the courts the barrister has appeared in of late; the reputation of opposing counsel and instructing lawyers; the proportion of time spent handling work relating to the practice area; and relevant past experience. Although the importance of these factors can vary by practice area, the two single most important factors are (a) credible recent work highlights and (b) positive market feedback.

A list of the practice areas we will be covering can be found here. If you would like to submit for the 2021 guide, please download our submission template and referee spreadsheet from here and then email the completed forms to us via our submissions site by the deadline of 19 June 2020. Please remember that researchers work within very tight time frames so it is important that your submissions reach us on time.

What makes a good submission?

The best submissions will make use of all the fields (where relevant) included in our submission template. Submissions should be kept succinct and not get bogged down in technicalities when describing a case; please ensure that the submission clearly illustrates why each work highlight is, indeed, a ‘highlight’. Explain how it is complex, groundbreaking and/or unique.

Next, try to avoid some common mistakes. These include re-sending submissions originally meant for other directories (with feedback that does not apply to our rankings); copying and pasting information from the barristers’ online profiles; citing case names without any detail of the barristers’ involvement; and, finally, basing your submission largely on the recognition of other industry awards.

Interviews

Once you have submitted, researchers will aim to contact every chambers that has submitted, and will interview a cross-section of barristers and clerks in a series of telephone and face-to-face interviews.

We find clerks are valuable for providing an overview of chambers. During an interview with a senior clerk we would discuss chambers as a whole, where it sees itself in the market, and also ask for feedback in relation to the set ranking and other sets’ rankings. Additionally, we aim to get an idea of the most active barristers, up-and-coming members of the set in question, and those that have been involved in the leading cases.

When it comes to interviewing barristers, it is up to the set to choose who we speak to, but normally we would suggest those who have had a particularly strong year, thereby giving them an opportunity to put their case across in their own words. Preferably, they will be able to give feedback on barristers outside chambers as well as in chambers.

If you’d like to request an interview, it is advisable to contact the relevant researchers at the start of the research process. The researcher list is published here during June with interviews allocated on a ‘first-come, first-served’ basis.

Market feedback

While researchers are reviewing your submissions and conducting interviews we will also be speaking with your referees. All referees provided before the deadline, in the correct format, will be contacted by email. The email asks referees a small number of questions and gives a two-week deadline for responses. We have found that emailing referees is the most efficient way of gaining feedback. However, we are happy to speak to referees over the phone if they respond to our email requesting a call.

Market feedback is an important element of our research so the more referees you can provide us with, the better. There is no upper or lower limit on the number of referees you can send us, although we suggest up to 15 referees as ideal. These referees can include clients (lay and corporate), instructing law firms, peers (opponents, leaders, and juniors), and members of the judiciary. A broad variety of referees is encouraged, however, greater weight will be placed on the views of clients and instructing solicitors.

As a tip, it is suggested that you put forward referees who are more likely to respond (bearing in mind that senior figures may have less time to spend on replying). Sometimes sets focus too heavily on referees who are likely to impress us, but in most instances we find it more effective to measure the number of responses, and what is said about you, rather than the profile of those responding.

It is also a good idea to put forward referees who have worked with the barrister in question during the past year (or at the very most, two years). Referees who worked with the barrister over two years ago will be less inclined to respond and greater weight will nonetheless be placed on recent references.

Finally, when selecting referees, think about those who have a good relationship with chambers (rather than just one barrister). That way, they can also provide comments on clerking and service, as well as other members they have had worked with. Please ensure that all referees have given their consent to being contacted; if they are able to (temporarily) ‘white-list’ the e-mail suffix @legal500.com on their mail system; this will ensure that our requests reach the intended recipient and generate the maximum feedback regarding your set.

The results

When the Asia Pacific 2021 guide is launched next January you will see that our rankings and editorial will be structured by practice area. Within each practice area, there will be a list of leading sets, Leading Queen’s Counsel/Senior Counsel, New Silks, Leading Juniors (those above 8 years’ call), and Rising Stars (barristers between 4 and 8 year’s call) in separate tables (please see our UK Bar guide for examples).

If you would require feedback on your chambers’ or individual rankings at that stage, then please contact us here and we’ll be happy to provide you with such feedback.

Finally, if you have any questions about our research methodology or the submission process that is not covered above, then please don’t hesitate to contact me. Otherwise, I wish you all the very best of luck with your submissions.

FAQs

Q: Can barristers include the same case in two submissions for different practice areas?

A: Yes, there will always be instances where a case straddles two (sometimes even three) practice areas.

Q: How many practice areas should a barrister submit for?

A: Be realistic and focused. It is important not to spread expertise too thinly as it may dilute a case for inclusion. Think about which areas they are more likely to make it into i.e. Do they have any ‘niche’ specialisms? If so, go for those areas first.

Q: What happens if barristers can’t put together five cases for the past year?

A: There are two instances where this might occur: (1) they have been involved in one/two time-consuming/long-running cases. If this is the case, make this clear at the start of the submission and include these cases followed by a couple more that they have handled prior to the 12 month period; (2) it is a small part of their practice and they haven’t been that active in the area recently. In this instance, we would suggest not submitting as it may dilute their case for inclusion in other sections.

Q: Do a barrister’s referees have to be involved in the cases in their submission?

A: No, as long as the individual has worked with the barrister in the past two years (maximum) and can comment on their strengths and qualities.

Q: What if a barrister has been away from chambers due to parental leave, sabbatical or illness?

A: If a barrister is ranked and away due to the above then please let us know in your submission. We will then ensure that they remain in the rankings for the coming year.

Q: Do researchers look at barristers’ online profiles?

A: Yes, on chambers websites and LinkedIn, so ensure they are keeping these up to date. If they are submitting for an area which is a smaller part of their overall practice, we would still expect there to be reference to their expertise in this area in their online profile.

The UK Legal 500 2020 – which law firms made the best impression?

With the submissions deadline for the next Legal 500 UK guide fast approaching, and with lawyers and BD professionals across the country busy crafting their case for a move up the rankings, it seems as good a time as any to look back at the firms that were most successful last time around.

Almost 400 law firms secured one or more moves up the UK rankings last year, while more than 300 were persuasive enough to get a foot on the ladder and get their practice ranked for the first time.

But who made the biggest impact? One firm stands out about the pack with the most new additions to the UK guide – Shoosmiths, which achieved eight new rankings in the most recent guide.

This recognition was primarily a result of the firm’s continued growth in Leeds, where it launched an office in early 2017 with the hire of two employment partners from Yorkshire firm Gordons.

In the three years since, the base has rapidly expanded, and now boasts 18 partners and 43 other non-partners across a range of practice areas. This growth was recognised by the firm’s addition to the rankings for fraud, professional negligence, construction, and property litigation in the Yorkshire & Humber section, and the firm also joined the Sheffield commercial property rankings after moving into new premises in the city in early 2019.

“One of the most significant changes for the next UK guide is the introduction of a new industry focus section”

Shoosmiths CEO Simon Boss told fivehundred: ‘We’re really delighted that we did so well in last year’s rankings – this is a reflection of our ongoing investments in our people and our firm as a whole. Attracting and retaining the right talent, with deep legal expertise, helps us to continue to deliver a superb client experience.

‘The Leeds office, led by Matthew Howarth, is a great example of this, and is becoming a real powerhouse in the region – even more impressive given the relatively short amount of time we’ve been in the city.’

Just below Shoosmiths, five other firms secured seven new rankings across the UK guide – Addleshaw Goddard, Fieldfisher, Gateley, Freeths, and the newly merged Penningtons Manches Cooper, formed by the July 2019 combination of Penningtons Manches and shipping firm Thomas Cooper.

When looking at the firms that most successfully argued their case to be moved up the rankings, Shoosmiths also came out on top, securing 17 moves up across the UK guide, including a new entry in the top tier in the Thames Valley commercial litigation rankings, where the firm is carving out a strong niche for public procurement disputes.

Nine other firms achieved more than ten moves up across the UK guide – Pinsent Masons, Burges Salmon, DWF, Penningtons Manches Cooper, Womble Bond Dickinson, Addleshaws, DLA Piper, Squire Patton Boggs, and Gowling WLG.

Capital gains

In London, a clutch of five firms were among the most successful, all securing four new rankings this year – Burges Salmon, Clyde & Co, Macfarlanes, and US duo Gibson Dunn & Crutcher and Covington & Burling.

Two of the new London rankings for Macfarlanes came on the back of the firm’s 2018 launch of a corporate crime and investigations practice led by top-rated ex-Eversheds Sutherland partner Neil Blundell, with the firm entering the white-collar crime and regulatory investigations and corporate crime rankings as a result.

Gibson Dunn was another firm to benefit from targeted lateral recruitment, with its new rankings in the London oil and gas, corporate tax, and public international law sections driven in part by heavyweight hires from Allen & Overy, Herbert Smith Freehills, and Mayer Brown, including highly regarded energy partner Anna Howell.

The firms making the most progress in the capital are led by Burges Salmon, which continues to present a credible case as to how its London team works in tandem with its market-leading Bristol base. The firm this year moved up in 13 London rankings, including an elevation to tier 1 in agriculture and estates.

Other strong performers in London include Mishcon de Reya, which moved up in nine London rankings, making it to the top tier for immigration, personal tax, and commercial property: retail. Pinsents also added two new top-tier rankings among nine moves up in the London guide, making it to the highest rank for both VAT and indirect tax and insurance: insolvency and restructuring.

New year, new rankings

One of the most significant changes for the next UK guide is the introduction of a new industry focus section, which will rank the firms providing a full service to clients in six key sectors – emerging markets; energy and infrastructure; hospitality and leisure; life sciences and healthcare; retail and consumer; and TMT.

Other new categories for London this year include fund finance, international business reorganisations, and a newly divided commercial litigation section which will rank premium and mid-firms separately.

New rankings always present new questions, and we’re fielding plenty already; you can find many of the answers you’ll need on legal500.com, but please do get in touch if there’s anything you need to know – and best of luck with crafting those new submissions.