Suzanne Liversidge: Leaders should be true to themselves

What will you be focusing on as global managing partner, and what do you hope to accomplish or change at the firm that will benefit its lawyers, staff, and clients?

As global managing partner, I will be working closely with Nick Thomas, our senior partner, on the strategic and operational management of Kennedys’ global network of 38 offices. As a firm we have great ambition and I am looking forward to working with Nick and colleagues to continue, and improve upon, the excellent work that we are doing in the UK and Europe, Asia Pacific, North America, Bermuda and Latin America, and the Caribbean. Key to this success is our fundamental core values which underpin everything we do. Based on those principles, I want to continue to make Kennedys the place where our colleagues can be the very best they can be and succeed in everything they do. This means our clients get the very best service wherever in the world they need it. Technology is key to that delivery.

You mention technology and you’re a member of the firm’s global strategy board, as well as the R&D and innovations boards. So what does innovation look like to you? How does the firm innovate for the benefit of its clients and fee earners?

Technology and innovation are critical to our industry and central to our global strategy. We have invested significantly in this space to develop a market-leading, client-facing platform of tech solutions which are unrivalled. Our core principle is to help our clients be self-sufficient and only use lawyers when they really need to. We are excited to be taking our philosophy, and our own technology, to clients across our global network as the factors that make some of our solutions so appealing in the UK reducing legal spend and speeding up the life-cycle of claims – are just as relevant to our clients in other jurisdictions. The client response to these innovations has been amazing.

You’re a specialist in employers’ liability, public and motor claims, as well as health and safety advice, and prosecutions. What impact will this new role have on your day-to-day practice? Will you maintain your client-facing work?

Given the breadth of this new role, I will be relinquishing my day-to-day practice, and my position as head of the Sheffield office which I held since 1997. I will however retain my focus on key clients as part of our key relationship management programme.

What are the biggest challenges to Kennedys on a regional and global level? And what about the insurance sector generally?

The biggest challenge for both Kennedys and the insurance sector is the consolidation of the market and the fast pace of change. We as a firm identified these challenges some time ago and developed our strategy to be the go-to global insurance law firm of choice, wherever our clients operate. Our continuing challenge will be to deliver that whilst ensuring we retain our culture and values which are the essence of Kennedys. Fortunately, we’re good at that!

In March, Kennedys became the first international law firm to establish a presence in the Dominican Republic, Guatemala, and Panama through three new associations. What was the thinking behind that expansion?

It is, as with many of our strategic moves, based on client need. We have a history of establishing a presence in jurisdictions where clients need us and we believed that it was in our best interests to formally associate ourselves with these firms. These jurisdictions are poised to have substantial growth in the near future. As our other moves in the Latin America region have already shown, an important factor in success is being there first. Through these associations, we are securing Kennedys’ premier position in the Latin America and Caribbean insurance market and adding to our considerable expertise across the region for our clients.

You also recently took a 12-strong insurance team from Norton Rose Fulbright in London. Is there further expansion planned in the short term?

As a firm, we are continually looking for opportunities to bring new talent in that aligns and supports our clients, existing and developing, both in the UK and internationally. In addition to recently welcoming partners to our offices in Dubai and Philadelphia, we have also strengthened our professional liability practice with a number of strategic partner hires in our Birmingham, London, and Taunton offices. Our regional UK network has always been an important part of our strategy and has grown in response to client need. It is this strategy that led us to opening the 38th office in our global network in the city of Bristol, in September.

You’re a member of Link, the network for LGBT+ professionals and their allies in the insurance sector. How would you describe diversity in that sector?

As far as diversity and inclusion goes within insurance, there has been a dramatic change and I am proud to say our sector has been leading the way. No longer do we see lip service to diversity, but real and effective investment in initiatives across the industry to embrace, promote, and celebrate difference. There is a long way to go, but if I compare the industry to ten years ago, it is unrecognisable.

You’re also involved in Kennedys’ D&I initiatives, leading the firm’s Women in Insurance Network. What more can be done to increase female and LGBT+ inclusion in the profession?

The law is very traditional, and so I am delighted to see so many female partners now at the table and in senior leadership positions. But we need more faces and voices. I would still like to see more emphasis on intersectionality within the industry and greater leadership representation within that. The profession as a whole has a responsibility to make that happen. And those role models out there, especially in the LGBT+ community, need to make their voices heard and get the seats at that table.

What advice would you give to other partners with aspirations of becoming managing partner of their firm?

Embrace opportunity, stretch yourself at every turn, and take people on that journey with you. I would also say don’t accept the norm, don’t be afraid to push the boundaries, challenge or diversify, but always be true to yourself as a leader. Only then can you achieve your true potential. Ensure you know the whole business, its key drivers, and how you can influence and deliver on that. And always play to your strengths and accept support for your weaknesses.

Finally, you’ve now had a couple of ‘firsts’ in your career: you became the first female president of Sheffield Chamber of Commerce in its 242-year history, and you’re now the first global managing partner of Kennedys. Overall, professionally and personally, what’s been your greatest achievement to date?

There’s a lot to be said for finding a balance between being happy and achieving your full potential, professionally. That is an achievement in itself, but my greatest professional achievement, or what brings me most satisfaction, is seeing others grow and flourish under my leadership. On a personal level, my best achievements were usually sport related. I was a keen sprinter and still run most days as I find it incredibly relaxing. I wish girls could have played football when I was young.

Meet the partners

Simon Ward: The importance of local knowledge

How would you define your firm’s culture and how important is firm culture to you?

Curtis is the world’s longest established international law firm. It is New York headquartered, but extremely international in its outlook. Curtis recruits the brightest lawyers from diverse backgrounds a large proportion of our partners in the US and elsewhere are linguists, which is unusual. I speak English and Japanese myself, and monoglots are the exception rather than the rule.

I was struck by the culture of the firm from the moment I joined you can feel it in all of our global offices. The firm is large, but has managed to maintain a collegiality and personalised client focus that is rare in many international law firms. Many of us visit other offices regularly, or welcome colleagues to our own. We work across our international offices to tailor solutions for our clients. The thread that runs through all our offices is exceptional service. We have longstanding relationships with our clients, built on trust, and our clients value this.

What’s the main change you’ve made in the past few years that will benefit clients?

In the Middle East we have focused on our regional thinking and working. Our Muscat and Dubai offices cooperate to serve the GCC and the greater region and we aim to support our clients, wherever they are doing business. Thus, we have integrated our teams into their teams so that we are assisting businesses globally, and anticipating issues before problems arise. In addition, we understand the challenges facing the region in various sectors at the moment, and craft innovative solutions to make legal services more accessible and cost effective.

What are the biggest challenges facing firms of your size in Oman?

Lower oil prices have changed the financial landscape across the region in all industry sectors. There is still a lot of new investment and interest in the region, but as with all industries, it is necessary to find efficiencies in what we do. I have a positive outlook, and see challenges as an opportunity to better serve our clients.

What do you do differently from your peers?

Our Oman team is notable for the level of integration with our clients’ teams in comparison with other Oman-based international law firms. All senior lawyers in the Oman and Dubai offices have worked together in the Middle East over years in our Oman office, international-qualified and Omani lawyers have, in many cases, practised together for over a decade. It’s not just the knowledge of local law, but also of procedures and local custom, which set us apart from our peers. We do not use our Middle East offices as training grounds for those from other jurisdictions, but field seasoned Middle East practitioners. This is something our clients appreciate, as they are guaranteed the deepest knowledge of the legal jurisdiction available. With this as a base, we can focus on the creative, sophisticated, yet pragmatic solutions to our clients’ challenges that they value so highly.

What do you think are the top three things most clients want and why?

    • A partnership based on trust, and in-depth understanding of the client’s goals and requirements. As in all aspects of life, relationships are key. The best result for a client is tailored, based on an in-depth understanding of their business and industry sector in combination with their short- and long-term goals.
    • Clear, commercially valuable advice provided in a timely fashion. Legal advice has to add value.
    • Results. In my experience, the best results flow from getting the above two elements correct.

How can law firms best encourage innovation?

The key is to listen to your clients. The answer to innovation is most often right in front of you. By regularly asking our clients what they need, and what developments we can make to improve their interaction with us as their lawyers, we are constantly innovating and meeting our clients’ needs.

Is technology changing the way you interact with clients and the services you provide them? Yes, we communicate with our clients through most online forums. We invest heavily in technology and use it where it is helpful in our transactions and tribunal proceedings. We maintain the only online legal blog/client alert service in Oman. This allows us to keep in touch with our clients and update them on relevant changes in law immediately.

What advice would you give to the next generation of partners looking to rise the ranks?

Not to focus on ‘rising through the ranks’. It’s not an end in itself. Career success will come if you keep your focus squarely on your clients and their needs. This means looking after your relationships and making sure that your advice stays commercially valuable and helpful to them in meeting their objectives.

How has your involvement in client-facing work changed since becoming managing partner?

Since becoming managing partner I have been able to interact more with clients across all our practice areas, and take a more integrated approach to my practice. By being able to maintain closer relationships with clients, I am better able to identify how we as a firm can best service their needs. I enjoy being able to build teams to tailor solutions across practice areas.

Dr Barbara Mayer: Lawyers develop best if given freedom

Barbara Mayer image

How would you define your firm’s culture? How important is that culture to you?

Every individual in our firm trainees, assistants, associates, and partners – shows a high degree of responsibility and independence; we define management as a coordination and service point for our partners; our leadership works bottom up instead of top down; we pursue long-term strategies versus quick results; and we cultivate cooperation, not internal competition. This is based on a balanced allocation of profits which recognises special achievements while focusing on the collective successes.

What’s the main change you’ve made in the firm that will benefit clients?

Massive internationalisation of our firm; the building of an intensively maintained and excellent global network of best friends. We attend to our clients’ international projects in cooperation with our local colleagues instead of simply delegating them. Therefore, our clients can profit from a steady flow of information from one source.

Our associates enjoy the international cooperation which is more first-hand than in other international firms which delegate mandates to local offices. In addition, we maintain personal relationships with our international partner firms by organising joint meetings and events. Our international partners treat us and our clients as their customers and, therefore, like ‘kings’.

Even larger law departments profit from this excellent network, in the event that they require assistance in jurisdictions which they do not usually deal with, such as Paraguay, Pakistan, or North Africa.

In addition, we pay special attention to digitalisation identifying and utilising the adequate IT products to simplify our work, e.g. Meistertask for project management, Contract Companion for the improvement of contracts, data management systems, and, after many years we are currently in the midst of launching a new firm management system.

What are the biggest challenges facing firms of your size in Germany?

War for talent, internationalisation, and the increasing significance of tax implications.

What do you do differently from your peers in the market?

Our form of leadership, with its high degree of individual responsibility and independency, is unusual. This makes us interesting for all kinds of individuals on every work level with an entrepreneurial character.

What do you think are the top three things most clients want and why?

Responsiveness; clear, pragmatic recommendations based on diligent analysis (versus lengthy reports with endless disclaimers); an international network; and a business focus. Clients like it when you think along with them and when you have the entrepreneurial consequences of all legal decisions in mind.

Is technology changing the way you interact with your clients, and the services you can provide them?

Yes, communication is quicker. Cooperation is no longer dependent on the individual’s physical location. Location is becoming increasingly irrelevant. Our benefit from that is we live and work in the nice, liveable city of Freiburg and are nevertheless able to assist our clients worldwide.

What have you found is the best way to retain talent both at partner and associate levels?

Our form of leadership: responsibility and independence at an early stage, realised through internal coaching of associates by our partners, flexible working hours and places (all kinds of part-time models, home-office), international work, and the possibility of secondments all over the world. Also, a balanced profit allocation which adds to a comfortable work atmosphere while at the same time leaving room for appropriate compensation for partners who are especially successful.

Since becoming managing partner what’s surprised you most about running a firm?

Leadership. Lawyers can develop best if they enjoy a certain freedom. This has been our philosophy for quite a while (which was one of the reasons why we broke away from Graf von Westphalen in 2010). In the meantime, the idea of self-responsible team organisation and the reduction of hierarchies has reached many (conventional) businesses as well.

What has been your greatest achievement?

The successful internationalisation of our firm and the corresponding reputation in the internationally orientated upper Mittelstand (SMEs). Our firm culture of cooperation versus competition and the significant increase in profit and business volume which we were able to achieve since the formation of FGvW in 2010.

Louis de Gabriele: Add more value to your advice

What has been your greatest achievement, in a professional and personal capacity?

The greatest professional achievement in my career is having started from a small two-man show and to build, together with Henri Mizzi, Camilleri Preziosi into the top-tier, highly-respected law firm it is today.

From a purely personal perspective it’s having been a first mover in the development of Maltese capital markets today still a key area of practice for Camilleri Preziosi.

What do you do differently from your peers in the industry?

In my view it’s dedication and preparation that makes the difference in this profession. Looking back it is also having understood, as a young lawyer working in commercial law, particularly in finance, how essential it is to understand not only the purely legal aspects of an issue but also the business dimension.

This has led me to pursue the development of combined skills to be able to advise clients not only on what is generally considered to be the traditional legal aspects of a transaction, but to take a more comprehensive view a view that can add more value to the client.

This includes understanding a client’s business drivers and the dynamics of a transaction in all its facets which has allowed me to actually assist clients not only in attaining their business objectives, but also in devising them.

What advice would you give to your younger self?

Probably to be less emotional and more rational, although at times it is just as rewarding to be emotional.

Within your sector, what do you think will be the biggest challenge for clients over the next 12 months?

The challenges are several, but the biggest I believe is the adaptation to a rate and pace of change in the socio economic environment principally fuelled by the rapid changes in technology that places clients in uncharted territory. Paradoxically, it is also the gateway to the greatest opportunities.

Lifting the lid on trade secrets

Jordan, you’re a trial lawyer focusing on trade secret law, consumer class action defence, financial services, and entertainment litigation. Why, out of all those areas of practice, did you choose trade secret law as the subject for a podcast?

Because trade secrets drive some of the most innovative businesses. Innovation and the evolution of products and services fascinate me, and some companies are in the best position to take on our biggest problems. Green energy and plant protein businesses come to mind, but there’s an endless list of companies using trade secrets to solve problems and improve the world.

How difficult is it to take a complex subject like trade secret law and talk about it in a way that is engaging?

It’s not too difficult if you find the subject interesting and understand it. And once you do, it’s easy to present in a straightforward way that people can understand. A trade secret is just something that’s valuable to its owner and others because it’s secret and the owner takes reasonable steps to maintain it as such. When you’re able to boil a concept down to its simple point, it’s easy to explain and discuss.

Having had the inspiration for the show, what are you ultimately hoping to achieve with it?

I created this podcast because I want to give people who should (or must) be familiar with trade secret law an easy way to stay current at a high level (insert disclaimer that we are not providing legal advice here). Staying current can be tedious, like it is for me. Half of the process is filtering out cases or developments that don’t really add to what we already know, then deciding which ones are worth talking about.

Once we isolate the important material, we learn it, discuss it on the show, then give the listeners hard takeaways. The podcast forces me to do the homework and the listener can learn on a 20-minute commute what it took me a few hours to distill. So ultimately, I’m trying to achieve value for our listeners and myself, including, hopefully, relationships with some of the listeners.

Who do you see as your core listeners? Is it just clients or do you expect other private practice lawyers and law students to subscribe too?

Business decision-makers and in-house counsel whose jobs include being familiar enough with trade secret law to protect their trade secrets. Some businesses don’t even know they have trade secrets, which often are their most valuable assets. Others are very aware, but don’t have an easy way to stay current on the law. People don’t have a lot of downtime these days, and if they can learn critical information on a short commute or at the gym, when they wouldn’t otherwise be reading, maybe they will.

Podcasting is a great medium and I saw a need for consistent, concise audio content on this really important subject. And while I had businesses and in-house counsel primarily in mind when I created the podcast, yes, I know lawyers and students listen too, which is great. The more the better.

What listener feedback have you had so far?

It’s all been positive, including from listeners that the podcast specifically targets. We ask for feedback at the end of each episode, because we always want to improve, and welcome constructive criticism.

Are there plans by your fellow shareholders to roll this out to other practice areas of the firm?

The Trade Secret Law Evolution Podcast is relevant to a lot of practices, including employment, corporate and IP (and litigation, obviously).

What level of tech are you using to produce the podcast? Was it a significant investment?

I work with an incredible marketing and production team that chose our equipment, and it is very high-quality (although, I understand, not terribly expensive). We each have a microphone and headphones, and one of my IT colleagues is in charge of the sound mixer. Our producer helped us find the music, edits and makes each episode sound seamless and professional. There are about eight people on this team without whom this would not be possible. You know who you are. Thank you!

How much time does it take to prepare each episode?

About two and a half hours, not including the recording itself, which takes between a half hour and 45 minutes. We work with our Knowledge Solutions team to identify trade secret cases from around the country and efficiently determine which ones are worthy of discussion. Learning those cases and outlining each episode generally takes around two hours, which we do approximately every two weeks.

What are your plans for the future of the podcast?

I want a critical mass of episodes that meet the need I saw when we created the podcast for easily digestible summaries and takeaways on developments in this law. Eventually, I would like to mix in some guests perhaps clients or other trade secret owners discussing their business, what trade secrets mean to them, and how they protect them.

For you, what’s the best thing about podcasting?

Gaining and giving value at the same time. This podcast requires constant learning, which makes us more valuable, and we package what we learn in commute-length episodes for our listeners.

What’s the biggest mistake you can make when it comes to producing a podcast?

One, not releasing episodes consistently. Inconsistency equals death for a podcast. Two, sounding too rehearsed. My original co-host, Jena MacCabe, and I call it being too ‘read-y’. She’s now at the Ninth Circuit for a year. I think it’s important to sound natural and conversational, so that people like listening to you. That just takes a little practice. And, obviously, your substance and communication better be on-point.

What other advice would you give to lawyers thinking of launching their own podcast?

Find a need and meet it. I created our podcast because I wanted it, presumably others do, too, and it didn’t exist. If you’re not meeting a need, you may just be internet noise. And stay consistent.

Listen to the pilot episode here: https://www.gtlaw.com/en/insights /2019/6/trade-secret-podcast

Spotlight on: Sheppard Mullin’s power moves

Helen Donegan: Please provide a brief overview of your practice.

Sheppard Mullin: Jointly led by Chicago-based partner Katherine Gillespie and San Diego-based partner Tony Toranto, Sheppard Mullin’s multidisciplinary energy team includes more than 50 lawyers nationwide. We advise on tax equity financing, project development, regulatory matters, power purchase and sales contracts, and corporate and M&A transactions throughout the country. We assist our clients in all aspects of the renewable energy sector. The team represents some of the largest and most innovative energy industry players with respect to their most important energy-related legal matters. Such clients include leading utilities, pipeline operators, municipalities, independent power producers, commercial banks, equity and tax investors, EPC contractors, and energy technology companies.

HD: Congratulations on your success in The Legal 500 rankings over the past couple of years. What would you attribute your team’s rise in the rankings to?

SM: We attribute this to the growth of our practice. We’ve added 18 energy lawyers since March 2017 across the US to complement what was already a strong team in the US renewable energy market.

HD: Given that you have had a number of new hires over the past couple of years; what would you say is the best way of attracting talent to your team?

SM: We think laterals are attracted to: (i) our deep expertise in this area and nationwide platform to help grow their practices; (ii) our culture and environment which fosters collaboration as well as professional and personal growth; and (iii) our ability to help offer their clients additional capabilities they may not otherwise have access to at their prior firms.

The firm has a level of transparency and a commitment to professional growth. For example, among other programmes, we have an attractive lawyer development programme that includes various kinds of coaching, mentoring, and five professional development academies that focus on the skills lawyers need to develop throughout their careers from the summer associate stage through to and including partnership to help them become future leaders of the firm.

HD: Within the firm, your team has seen the most consistent rise in The Legal 500 rankings over the past couple of years. Do you attribute this to individual practice improvement efforts or do you link it to efforts of the firm overall?

SM: The firm’s collaborative culture creates a constant dialogue among practices and industry teams surrounding the ever-evolving challenges facing our clients today. This ensures we are always at the forefront of anticipating and developing solutions for managing risk and identifying new opportunities for our clients.

HD: What do you think you do differently to your competitors? And do you think your team is clearly differentiated from similar practices in other firms?

SM: For more than three decades we’ve represented many of the industry’s leading project developers, owners, and investors across the entire lifecycle of their projects, including helping many clients pioneer their first investments in the unique market we have in the US. This means we have specific expertise to represent our clients with a level of transactional sophistication and an understanding of market terms and practice that differentiates us from others in the market.

In addition, we have the unique distinction of being equally expert in renewable energy development and renewable energy finance giving not only the expertise to advise our clients across the entire lifecycle of their projects, but also the ability to help clients at earlier stages to plan for and anticipate future demands. The number of transactions we see each year puts us in a strong position to access best practices and advise on market terms for structure and the allocation of tax risk.

HD: You received positive feedback from clients interviewed as part of the research process. According to one, Sheppard Mullin ‘is able to always get deals done quickly and in a way that protects the client’. Does your team undertake activities to understand what your clients want and identify how you can serve them better?

SM: Clients know us for being practical and solution-oriented while looking to minimise risk and obtain market or better terms for our developer clients. Our lawyers have an extremely deep understanding of the technical, business, and political aspects of the energy industry and this enables us to achieve our clients’ business objectives by anticipating and resolving the industry-specific issues that matter to them. Clients value our ability to tailor an individualistic approach on each transaction as to what terms will help them achieve their goals expeditiously.

HD: Can you tell me about the firm’s culture and how it is introduced to new lawyers?

SM: Culture is at the core of our firm and, in turn, our team. Culture is introduced to new lawyers at the onset of the recruiting process. For instance, lateral partner candidates embark in a multi-office ‘tour’ to meet with several members of firm management and practice group and industry team leaders to understand how existing lawyers can support the incoming laterals’ practices and collaborate on new matters and pitches.

HD: Sheppard Mullin’s website confirms its commitment to diversity and to the advancement and retention of women lawyers. However, four-fifths of your team of 71 are male. Why do you think this is?

SM: Within that, we have nine partners whose practices specifically focus on renewable energy of which five are diverse lawyers and four are women. One of those women, Katarzyna Levecke, was promoted to partner in 2018. We are constantly evaluating our internal efforts to further advance Sheppard Mullin’s collaborative and inclusive culture.

As a firm, we couple our sincere belief that people with diverse backgrounds bring valuable attributes to the firm and to our clients with our commitment to finding the best lawyers possible for the clients’ needs. Our firm maintains an environment in which all of our women lawyers and lawyers of colour grow professionally, develop successful legal practices, and flourish as leaders both within our firm and within our committees.

HD: Can you tell me more about your firm’s partnership with Diversity Lab on the Mansfield Rule?

SM: Sheppard Mullin was among dozens of US firms to pilot the ground-breaking initiative in 2017, earning the Mansfield designation in 2018 and recently achieving Mansfield Rule Certification 2.0, indicating Sheppard Mullin affirmatively considered at least 30% women, lawyers of colour, and LGBTQ+ lawyers for leadership and governance roles, equity partner promotions, formal client pitch opportunities, and senior lateral positions. Notably, the firm also achieved Mansfield Certification Plus status for the second consecutive year. The ‘Plus’ designation indicates that Sheppard Mullin has reached at least 30% diverse lawyer representation in a notable number of current leadership roles and committees.

The Mansfield Rule has created a benchmark for accountability which has initiated real changes within the legal industry to ensure transparency in candidate pools at every level, from entry level to leadership. We are proud to continue partnering with Diversity Lab and the Mansfield initiative. We are currently piloting Mansfield 3.0 through July 2020, which expands to include lawyers with disabilities.

HD: What is your outlook for the renewable energy market over the next few years?

SM: The outlook is good with some interesting challenges. The technologies of wind and solar are proven and that means projects will continue to be developed. With the phasing out of the federal tax credits over the next couple of years the industry will have to develop new tools to finance these projects. How that will ultimately come about is unclear, with the added uncertainty attributable to the potential for administration change in Washington. We also expect new areas of development in the energy storage and offshore wind spaces. We are working together with our clients to meet these challenges as they are considering new financing structures, and opportunities.

HD: What are the biggest challenges facing both your team and the firm overall?

SM: As mentioned, one of the challenges and opportunities we’re constantly discussing as a team and with our clients is what financing structures look like for the future in light of the phasing out of the federal tax credits over the next couple of years, plus the added uncertainty of a potential administration change in Washington.

Renewable energy projects will continue to be developed, so we will see law firms across the board competing for top-tier talent to meet client demands and chase new opportunities. We’ve been very strategic and thoughtful about our approach to growing our energy team. We’ve had a lot of momentum over the past few years bringing on lawyers with the right set of capabilities who are attracted to our expertise, national platform, and collegial environment and we see that pattern continuing.

Meet the leaders

Katherine Gillespie co-leads Sheppard Mullin’s nationwide energy, infrastructure, and project finance team. For nearly 20 years, she has focused her practice on project finance transactions in the renewable energy sector. This has included representing developers of wind and solar projects in all forms of potential financing structures, including tax equity financing transactions, construction loans, back-leverage loan financings, and sale-leaseback transactions.

Tony Toranto is co-leader of the energy, infrastructure, and project finance team and advises energy clients on project financing and development matters, project acquisitions, power purchase agreements, EPC agreements, and other transactional matters. In the renewable sector, he regularly advises clients on projects ranging from distributed generation projects throughout the US, to some of the largest utility scale renewable energy projects in the industry.

Being trans in law

Anyone who has taken a rollercoaster ride will know that gut-wrenching moment as you go over the first drop and your internal organs become weightless. It’s the closest way I can describe that feeling in the summer of 2011 when I went up chambers’ front steps for the first time as my true, female self.

From my early teens I knew I was transgender, but waited until I was established in a career before thinking seriously about male to female transition. That had been back in the 1980s when I was a graduate-entry operations manager with British Railways (and a good one, my performance assessments had said). However, that all ended when my promotion was blocked because I was transgender.

‘It’s OK for the odd (emphasis added) train driver or signalman, but not for high-profile managers,’ I was told. When I wouldn’t take the backroom job where ‘no one will see you’, a trumped-up disciplinary charge was used to get rid of me. It’s very different in the rail industry now but back in 1990 gender reassignment wasn’t a protected characteristic. After a forced resignation there followed three months of depression, so severe I have no clear memory of the period, before I reinvented myself as an employment and discrimination barrister.

That experience knocked me back. I hid in my apparently successful male carapace until 2010 when the strain of being a fundamentally honest person, lying by conduct in every social interaction, was becoming too much. Oh, and a little thinning of my head hair had me in a panic. For the third time in my life, I seriously contemplated suicide.

Sixteen years into legal practice, with an established set of clients, at a leading set of chambers, and well recognised in the directories, all at the ripe old age of 48, it was time to make a go of transition. Facial surgery was far better developed than 20 years before, and I could now afford to make choices. So, I emailed my head of chambers and asked to speak to her privately.

She was a bit shocked, having assumed I had come to tell her that I had a terminal illness. ‘It has to be better than that!’ she said, helpfully. And do you know what, it has been. I suggest that anyone at a similar point in life declare themselves early to their head of chambers, senior, or staff partner as appropriate; it is both the step that brings legal protection under the Equality Act and allows your employer or organisation to manage matters appropriately (some enhancement of equality training for staff may be needed, for example).

I was plainly pretty nervous, but chambers adopted a sympathetic, business-like approach, planning how and when announcements would be made. All very reassuring and scarier for chambers than me allowing me to be in control of what and when, which is important.

A couple of members picked up on slightly longer hair (and a first round of hair transplants) and were told in advance, as were close friends in the legal profession, my chambers’ roommates, and, of course, my clerk. Social transition followed in the summer of 2011, facial surgery that autumn, and confirmation surgery (in Thailand) the following Christmas. That needed two months out of practice and a third paperwork-only month (think hysterectomy or serious hernia).

Colleagues and clerks were universally supportive. In fact, the clerks were so careful not to react to my changed appearance; some stared at blank computer screens, not reacting (emphasis added) so hard it appeared to be hurting. You had to laugh. If I have one regret, it was arriving at chambers on that first day back in a sober black two-piece, making my best attempt to look like any other female barrister. I wish I had come in dressed as Carmen Miranda, complete with bowl-of-fruit headgear.

Professional clients have said that post-transition I have appeared to be much more relaxed and ‘comfortable in my skin’ in a way I wasn’t before. It is true that I am a happier person all round. My practice is the same as it ever was, although these days I often advise employers or organisations about trans matters. There is a minefield of pressure groups, particularly on the anti-trans side of the argument, and separating what the law provides from campaigning rhetoric (on either side of the debate) can be tricky at times.

Some elements of society, including so-called ‘gender critical’ feminists, would have trans rights rolled back or restricted. This is just silly. Sure, there are a few troublesome trans individuals, just as there are folk who ‘use’ other protected characteristics to make trouble for their employers. That is an argument for dealing with that rare abuse, not removing the rights that make our workplaces and high streets fairer and more diverse.

I am particularly pleased (if a little embarrassed) to have been described as one of the group of trans pioneers in the legal profession. If I have made things easier for those who come after me, then I am content. I have always been open about my transition and, to date, have spoken more than 100 times about trans issues.

The human condition is essentially ridiculous, and I wouldn’t wish being trans on anyone, but I appreciate all the help and support my chambers, colleagues, and profession have provided, allowing me to be a female barrister who happens to be transgender.

Directory mentions – you could do so much more with them

Taking entries and interviews for the legal directories is a serious commitment by law firms and chambers. For many, the cost of supplementing an editorial mention with a firm or individual directory listing is dwarfed by the internal resource they have dedicated –perhaps a third of a marketing or PR staff member’s year and valuable fee earner time spent on providing submission information, seeking consent of clients to be contacted, and on interviews.

Shouldn’t all that be enough? Surely, if the directories are used, new instructions follow an entry? And if they are not used, instructions won’t follow, and you’ve learned not to make such an effort next year.

In fact, if that’s your attitude, perhaps you shouldn’t bother with The Legal 500 and Chambers & Partners, because lawyers, firms, and chambers who capitalise on a directory mention are doing more than that, and in many cases could go much further with good effect.

If, like me, you follow a lot of lawyers on Twitter and are connected to them on LinkedIn, you’ll know that there are two events that see a real peak in activity. For (mostly) barristers, there is the list of new QCs, which for just over 100 counsel is the cue for much humble-bragging and back slapping. The silk list is a bit of a ‘cosy’ event, but still manages to have quite a joyful air to it.

The other, a good couple of days for many more people, is the main directory listings. Here’s global firm DLA Piper’s chief global development officer, Erin Stone Dimry, on LinkedIn: ‘Proud to announce that 284 of our lawyers were recognized and 54 of our practices were ranked in The Legal 500 United States 2019.’

Or here’s Squire Patton Boggs (@SPB_Global), also on the launch of the US Legal 500: ‘In the latest @thelegal500 US legal directory, #TeamSPB’s Jaime Daddona and Carolina Mederos are both listed as Next Generation Lawyers https://bit.ly/2xe9gaG Legal500#NextGenerationLawyer #NextGeneration.’

Individual lawyers pick out quoted comments made about them in the new directories, ‘humbly’ note their mum now thinks they’re a good lawyerand so it goes on.

These spikes in activity stand out, not least for commercial firms, whose social media output can otherwise be a little, well, dull commonly tweets from something like a company law seminar, links to lawyers’ articles, and (a bit more dynamic) some charitable activity.

It is worth doing on the day it’s a bit different, and differentiation is something all lawyers know that, in a competitive field, helps business. Some even eke it out over the year. ‘”Anthony Gold are very knowledgeable and impressive solicitors #testimonialtuesday #testimonial #legal500,’ the south London firm tweeted.

‘What are you known for?’ is a question we should all be able to answer. Of course, individual Tweets and LinkedIn updates quickly fall down people’s news feeds. So the sensible firm or chambers build good rankings, along with awards, into the ‘furniture’ of their marketing.

Take the website of the world’s oldest firm, Tunbridge Wells’ Thomson Snell & Passmore. This firm’s age, of course, gets top billing as a differentiator (‘Here for you since 1570’), but its directory ranking prowess is stressed all over its website. For every online lawyer and practice profile the firm can say it for, the firm notes they are ‘The Legal 500, recommended lawyer’, ‘The Legal 500 Leading Firm’, or ‘Top Ranked Chambers UK 2019’.

Not all practice areas deliver headline cases or deals that can be mentioned, and here directory mentions are especially useful to quote giving professionals a more equal-looking writeup to colleagues who can reference their work and clients.

Here’s the online profile for employment partner Lisa Mayhew, global co-chair of Bryan Cave Leighton Paisner: ‘Work of this nature is always highly sensitive,’ the firm’s website notes, but is able to add Mayhew is ‘ranked as a “leading individual…in employment law since 2012 by legal directory The Legal 500,’ and is ‘one of only two “eminent practitionersin employment law in Chambers & Partners directory’.

Used well, such plaudits help build up a picture. Geraldine Ryan, head of Hill Dickinson’s Manchester office, has a revolving spin block of accolades (‘Recognition and awards’), beside her professional profile, that includes directory mentions.

Thomson Snell & Passmore has a list of ‘awards, rankings, and accreditations’ in its ‘About us’ section. The nice thing about this and Hill Dickinson’s approach is that the rankings and awards play the part of supporting each other in telling a story about the firm and its individuals.

‘X lawyer of the year’ seems validated by being ‘top ranked’ in a directory. Many include nominations and listings even where they were not top or didn’t win something you might not do with each item in isolation, but put together, the message is, ‘well, they must have something to get all these notices!’

So far, so good. But many firms and chambers are more timid than the examples I’ve given. I think they are missing out.

And from a quick search of my email inbox, lawyers generally aren’t picking up on one suggestion from The Legal 500’s editors adding their recommendation in the directory to their email signature. They thus miss out on thousands of communications a year that, unlike other marketing efforts, they can be sure the recipient is reading.

Congratulations to all the professionals who get a well-deserved ranking and mention in a respected directory. Most of you could, however, do so much more with the mention you worked so hard to get.

Going against the grain

Helen Donegan: To start off, can you tell me about your role?

Charles Broll: I am the General Counsel of Nestlé Waters North America. We are a subsidiary of Nestlé and a part of a much larger Nestlé business around the globe and our products include Perrier, San Pellegrino, and Poland Spring. My responsibility is for all legal matters in the US and Canada. I also have other functions that report into me; regulatory, government affairs, real estate, and facilities. From a legal perspective I am responsible for all legal and compliance matters related to our approximately $5bn per year business in the US and Canada.

HD: Your profile in the 2019 US GC Powerlist notes that you have international experience having worked in various cities around the globe in your roles to date. Do you think your international experience has influenced you in your work?

CB: Absolutely. It gives you different perspective, and gives you the ability to work in different environments, with different stakeholders, and with different risk profiles. It definitely helped me understand the various audiences I am working with and how to ensure the messages I am delivering resonate with different people. There is an accepted way of working in the United States for how lawyers work with their stakeholders, and trying to operate the exact same way in the UK or Asia, for example, would not work. I think operating in different jurisdictions helped me to be able to flex my style of operating.

I have done my career in reverse; I am an American lawyer, but I spent much of my early career overseas and then I came back here to the US. I actually think that has been very helpful to me. That is, to be able to see how things work and are perceived in the rest of the world, and then to be able to come back here and apply that lens in the United States and to our business here.

HD: The GC Powerlist notes that although you have led a number of leading transactions and litigations, you prefer ‘to be recognised for building and growing diverse talent and taking a lead role in diversity and inclusion activities’. Why is this?

CB: Everyone is different in terms of what they derive joy from or what they see as highlights when they look back on their career. I have certainly had my share of big transactions that I have worked on throughout my career, and high risk or difficult legal and compliance challenges to overcome, and that is certainly exciting and something I will look back on with pride. But I think equally as important and sometimes more important is the fact that [I was] able to develop a team, develop talent, and develop diversity in the broadest sense. I see people I brought into an organisation and developed who now develop their own careers and grow into bigger roles. That has brought me a lot of enjoyment and I continue to mentor some of these people. I find a lot of enjoyment in seeing what small role I could play in developing their careers –just as others have played a role in developing mine. It’s an important role to take on, and as you get more senior in your career you have an important role to take on to ready the next generation of people for this profession.

HD: Focusing on the diversity and inclusion (D&I) aspect of the GC Powerlist quote, are there specific activities you get involved in related to D&I?

CB: We have formal and informal mentoring, and formal and informal diversity activities as an enterprise. I see my role as being involved in both. Sometimes it is even more important, if there is not a formal process involved, to seek out those gaps. There is an executive women’s network here at Nestlé and I showed up [to an event]. Obviously I am not a woman, but I wanted to show up in support of their efforts. I didn’t know how that would be received but it went very well. I had people thanking me for being there and for showing my support.

Likewise, before Nestlé formally entered into the Pride parade, we had an informal group of employees in New York City that walked in the parade. I showed up one year and walked with them. I think those are the types of informal forms of support that people in my role can exercise by carving out the time during off time, weekends, whenever it is, to share support for different forms of diversity and inclusion. It doesn’t always have to be a formal process. We have plenty of those and we have affinity groups and other D&I programmes that any company employee can take part in (and I do), but there are many different ways to provide support.

HD: Focusing a bit on your team at Nestlé, you have grown the team and built new roles into it that hadn’t existed previously. Can you talk a bit about what these are, and why you included them?

CB: I came into the role and was given licence by our CEO to build a team over time while showing value. It wasn’t as if I was told, ‘here’s ten headcount, go’, I had to show why certain roles could come into the company rather than always relying on external counsel, and I had to show why it would be valuable to have [those roles]. Early on, one of the gaps we had both as a company and as a legal function was that no one on our team focused on digital and social media. So I brought in a lawyer who was early on in his career and who was certainly more digitally savvy than some of us older attorneys, and I gave him a role focused on digital and social media marketing and more specifically on the challenges, risks, and opportunities that come along with marketing your products digitally and through social media. That was the first time within Nestlé (that I’m aware of) that there was a role truly focused on that. There are marketing teams of course, but they were not focused on the same thing. There are now many roles in Nestlé that have it either as part of their role or which are solely focused on it.

Likewise, we have a focus in our business on sustainability and we were, earlier than many other parts of Nestlé, both challenged by and saw opportunities in sustainability. So I brought in an attorney whose title had ‘sustainability’ in it and she was the first attorney in Nestlé to have that in their title. Again, there are now more attorneys in Nestlé that have that title, including one who operates globally and is based in Switzerland. Those were a few of the areas that we saw opportunities in and could provide focus on, and I saw them as areas evolving in the legal space that the business needed assistance with to navigate.

HD: So the legal team, and the company overall, are open to non-traditional roles, identifying what is needed, and creating something new from that?

CB: I think that is where we have been able to show value. Usually in setting up a traditional legal function you look at tying people to business units or areas of expertise labour and employment, litigation etc. but somewhere in between there are things everyone is doing a piece of, or things that are being completely outsourced to outside counsel. So looking for where those gaps exist and creating somebody who is your single point of contact (and somebody who is ultimately accountable and responsible for a certain space) has been something we have looked to do as we see opportunities.

HD: A question on the law firms you work with. When you are looking for external counsel, what would you say the most important thing is for you in selecting law firms?

CB: I have a bit of a history of going against the grain with some of my GC counterparts. I was at a conference a few years ago and the topic was whether or not to pay for junior associates. Many of the GCs said they do not pay for anyone more junior than a third or fourth year as they don’t add value. I took the contrary view which was that I appreciate junior lawyers and the fact that the good ones particularly will be the partners of the future that our companies will rely on. We appreciate having long-term relationships with law firms. When I joined Nestlé my predecessor was retiring and I was taking on a group of law firms who also had partners who were getting ready to retire. So, what I said to them was that I wanted to see the bench and not just the next partner up, or just the associates, but the junior associates too. I have been here nine years now and those junior associates are now junior partners. For me, seeing the bench and the continuity, and the ability (or not) for some law firms to be able to transition a long-term knowledge base from one partner to the next, or from one group of lawyers to the next as they retire, has been hugely important.

Some law firms have done it very well, and some have struggled because a partner who was retiring did not want to transfer knowledge to others. That has been a big issue for me in terms of looking at law firms, assessing them, and understanding how they develop quality lawyers and how they share knowledge. I am willing to pay for junior lawyers to train them. I find that not only important to them but to us as there is a value to us over time when they know our business and understand how we operate. In the long run it saves us by having continuity through the development of junior lawyers.

HD: Is there anything else you look for in the firms you select or which affects your relationship with them?

CB: We have engagement with a number of law firms interested in working with us on community-based projects, which is important to us. Nestlé supports us getting involved in things that would be helpful to individuals, to the community, and to the planet. That is part of our mission. We have a volunteer day that’s called ‘Nestlé Cares Day’ and my entire team have taken part every year. Nestlé also has something called ‘Project Opportunity’ in the United States that looks at how to get involved in your community to support kids, to support veterans, and to support broader groups with needs, and my team have jumped in with both feet to get involved. I have empowered my legal team to not only find ways to develop themselves here, but also to get involved in their communities at large. We call it ‘Leading beyond our walls’. We want them to develop their skills in any way they can and to get involved in their communities. So, if that means getting involved in a pro-bono activity, a charitable activity, or sitting on a board of a non-profit organisation, I’m all for it.

This transfers to the firms we work with. We have found that law firms have been very willing to work with us on that. For example, I got involved with a law firm to represent veterans who are not getting the benefits they have earned, and we enter into appeals on their behalf before the Board of Veterans’ Appeals. I partner with the law firm and think it is good for me to lead by example in doing that. I am not just telling [my team] to do something; I am doing it as well. I have members of my team who have been on the boards of Stamford Next, the Burke Rehabilitation Hospital, the Gulf of Maine Research Institute, the Stepping Stones Museum for Children, and other groups. There are a wide array of different opportunities out there and we very much appreciate law firms showing us the opportunities they have developed with their lawyers that we can also get involved in.

HD: It’s clear that developing talent is important for both you and the wider Nestlé organisation. Any final comments on this?

CB: Developing others and seeing them move on to larger roles within Nestlé and in other organisations even though you would like to see them grow within your organisation you recognise this isn’t always possible these are the types of things that I get a lot of joy out of. I have played a very small part in progressing [other people’s] careers. Someday, when I retire, I will look back at the multi-billion dollar deals or the litigation defences, and I will be proud. But I think seeing the people I have worked with and how they have developed –and hopefully taken even a small piece of what I have tried to instil in them and have grown their own careers from that is probably the best satisfaction I can get.

The natural evolution of legal services

 

Peter Tweedley: In a growing market of alternative legal service providers and specialist legal technology companies, including consultants, what can a law firm bring to the table?

Stéphanie Hamon: Legal operations consulting is a relatively new field of expertise and there is a limited pool of experienced talent who can deliver this advice. A law firm traditionally has helped advise a general counsel or an in-house legal team on legal risks and opportunities. With a legal operations consulting practice, a law firm can also now help support its in-house clients with wider objectives to act as a business partner. Through our legal operations consulting practice, supported by NRF Transform (our global change and innovation programme), we can provide both.

PT: What work will the consulting practice undertake?

SH: The legal operations consulting practice forms part of NRF Transform and is a natural extension of our existing client advisory capabilities. The practice will offer the following core services:

  • Strategic legal consulting advising in-house legal teams on how they can support the wider objectives of the business, and helping to set priorities and a practical vision for programmes and initiatives that would support this. For example, working with an internal legal team and outside counsel to ensure that the outside counsel deliver the best value for the legal fees paid, or running a panel review.
  • Legal operations advisory advising on management of legal operations functions, including best practice legal project management.
  • Legal operations delivery assisting in the delivery of specific projects or mandates made up of, or including, work likely to be delivered by, or at the request of, a legal operations team. For example, document automation or enhanced delivery of a standard legal mandate.

The initial focus of the legal operations consulting practice will be on our existing clients, particularly those headquartered in the UK and within financial institutions and pharmaceutical sectors. Appropriate opportunities may also arise across our wider client base and there is no strict limitation on the types of clients to which the service is applicable. This will depend on the nature of the client and the type of legal problems and opportunities they are trying to address.

PT: What geographic scope will it have?

SH: In its start-up phase, the practice will focus on pursuing opportunities in the UK. In time, we anticipate that its geographical remit will expand outside the UK. If opportunities come up elsewhere, however, we will be open to pursuing them. We have already, for instance, in the last month witnessed a high level of demand from Australia and Singapore.

PT: Are you targeting other law firms as competitors or other legal operations consultants, such as the Big Four?

SH: Legal operations consulting is a rapidly developing field. A number of the Big Four or other law firms are attempting to move into this space but they tend to focus on point solution aimed at the tactical/operational level. We aim to provide the full vertically integrated service: from management advice to operational delivery. In addition, law firms still benefit from stronger relationships with legal departments than the Big Four or alternative legal services have.

PT: How will this new department impact the firm? Does this come as part of a new growth strategy within the firm?

SH: The rationale for the firm’s new legal operations consulting practice is based on the evolution of the role of in-house legal teams, from advising businesses on issues of legal risk and opportunity to a broader role that encompasses support for their wider commercial objectives.

Driving commercial value and articulating the legal department’s own value to business stakeholders is an increasing focus for in-house teams, as several trends come together:

  • Legal technology has become a real enabler of efficiency and value add;
  • Separate legal operations teams are introducing new disciplines and organisational approaches; and
  • Businesses are increasingly focusing on extracting maximum return for their legal spend.

PT: Has this project always been an ambition of yours?

SH: I have operated in the legal industry for nearly 20 years. I’ve held leadership roles in the client service and business development functions of several global law firms. When I moved in-house to Barclays, where I spent nearly four years, my role was to set and deliver the commercial management strategy for the in-house legal department, which included devising and implementing the commercial optimisation programme. My role was also to set the vision and clear objectives for the law firm panel and revisit the relationship model with external legal counsel.

In the area of legal project management (LPM), I was responsible for the formation of the LPM Consortium, which Barclays set up to foster real collaboration with its top 15 panel firms on LPM issues, including matter budgeting and management and secondments. I led the Barclays team that was named ‘Legal operations team of the year’ at The Legal 500‘s 2019 UK Awards. My mantra has always been based on collaboration.

This new project is a natural evolution, having seen things from both sides of the fence and delivered personally and successfully on initiatives and change along the way.