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Back at the Bar

In March 2019 I joined Monckton Chambers having spent five years in independent practice as a QC and a partner at litigation boutique Joseph Have Aaronson from December 2014. I have been in practice at the Bar since 1976 and was head of chambers at Stone Chambers in Gray’s Inn for 15 years before joining JHA.

It is not that common for lawyers to move between the two branches of the legal profession in England and Wales – solicitors and barristers. We have different training and career paths which usually mean that as soon as you choose your route, you are either one type of lawyer or the other.

The Bar accounts for approximately 10% of practising lawyers in the UK; the lion share of the remaining 90% being solicitors. Approximately 80% of barristers are self-employed but that still leaves a good 20% at ‘the employed Bar’, with excellent and rewarding roles for barristers within companies, public sector, and of course, as in my case, law firms. It is, however, just because of sheer numbers, more common for solicitors to transfer to the Bar, often later in their careers, seeking the many benefits of the independence of a barrister’s life.

Since joining Monckton Chambers in March 2019, I am frequently asked why a return to chambers? The answer is not that complex. Quite simply, I like being a barrister and all that entails but in particular arguing cases and using my knowledge to be persuasive.

Running a legal team in a firm is different to running a case as a barrister; in returning to the Bar, I am simply choosing to run cases again. I chose Monckton because it is a top set of chambers with an established international reputation, with first-class colleagues, excellent clerks and working conditions. Timing was perfect as Monckton was actively expanding its commercial litigation and arbitration expertise and several new members of this practice were individuals with whom I had already worked with over the years. In brief, Monckton is a great place for a barrister, preparing and arguing cases and using an encyclopaedic knowledge.

We are all richer for being able to look at situations from different perspectives and this is most certainly true of my last five years’ experience with a law firm. The boutique law firm gave me experience of a very different role, of managing teams of lawyers, administration, costs schedules and budgeting, dealing with clients, and arguing cases. Of one thing I am now even more certain – communication is key.

I admire the commercial focus and corporate structure of law firms. There is clarity in terms of hierarchy, reporting lines, and shared values. A lawyer will prosper if they fit with the ethos, stay within the operating parameters, and meet the objectives of strategic plans and business goals. There is a strong sense of brand and belonging and being a team player is essential, at least until you make partner!

However, it also gave me first-hand, personal experience of the pressures on solicitors and this is invaluable from a client relationship perspective now that I am back at the Bar. If you can stand in your client solicitor’s shoes and see life through their eyes, you are more likely to understand what made them choose you as counsel and to empathetically work in a way that makes them feel in control and more likely to work with you again.

The pressures on barristers are very different because we are in independent practice and have a greater degree of control over working hours, the type of work we do and with whom we work. However, independence can also have its downside.

What I look to achieve at Monckton, for my own practice and for those I work with, is to bring some of the aspects of an effective law firm into play. In particular, I would like to encourage my colleagues to recognise, although independent, we can and should work together for our own mutual benefit and those of clients and their funders.

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Iberian nights (and days)

Last month, I spent some time in Lisbon to attend the GC Powerlist Iberia (Portugal) and meet with several law firms ahead of The Legal 500’s next EMEA guide.

For the converted, I don’t need to proselytise on what a fantastic city Portugal’s capital is, something that has been recognised by the many multinational companies that have established a base there (and elsewhere in Portugal) over recent years, lured by the various business-friendly initiatives introduced since the 2008 financial crisis. Not to mention the ultra-high-net-worth individuals who have been drawn to the country due to Portugal’s favourable Golden Visa programme, which has proven popular with luminaries from the French film industry as well as high-profile Brazilian entrepreneurs and a number of Chinese investors. And that’s before you take into consideration the many tourists that flock to the city to enjoy the weather, food, and the sights (the castle is well worth the trek).

Indeed, the increasing interest in the nation’s sporting endeavours over the years has transformed the country’s hospitality industry with a number of new hotels springing up in the city, including the Pestana CR7 hotel, which is a partnership between the hotel chain and Portugal’s favourite son and, arguably, its most famous export, Cristiano Ronaldo.

Incidentally, my time in Portugal coincided with the culmination of the inaugural Nations League, which saw a Ronaldo-captained Portugal beat the Dutch in the final.

At this point, I’d like to make clear that the introduction of football isn’t purely tangential (or self-indulgent by the writer). In fact, football, or more broadly sport, came up frequently in my meetings with firms. For clarification’s sake, I’d like to note that it wasn’t due to any instigation on my part, even though my non-working hours were spent consuming as much of the French Open, Nations League, NBA finals and general off-season transfer speculation as I could absorb. No, it appears that the business of sport is providing plenty of fodder for law firms. This wasn’t just confined to football either, with judo and surfing also providing fertile ground for firms to get to grip with in order to ride the waves in these areas with fees getting ‘hi-ya’ (this latter statement is unsubstantiated).

One other hot topic was the concept of ‘cherrypicking’, i.e. assembling a group of superstar lawyers that are, crucially, drawn from different firms to form a new team, much like the ‘All-star’ line-up. During discussions at the GC Powerlist, it became apparent some in-house counsel were increasingly pondering whether this was a viable model to use for bet-the-company-type matters. Interestingly, private practice lawyers made the very valid point that, for GCs increasingly operating under significant cost constraints and ever-tighter budgets, this arrangement is not workable on a day-to-day basis.

The practice of cherrypicking in Portugal has been attributed to the rise of a more sophisticated in-house counsel over the last decade (something that isn’t unique to Portugal alone). GCs and other in-house lawyers have increasingly made the move from private practice positions with some of the largest firms in Portugal to corporate counsel roles, compared to starting their careers in in-house positions as was the case in bygone years. As a consequence, in-house counsel have informed views and in-depth knowledge of the key players in a small market. Not just this, but the evolution of the GC role has meant it is no longer the end goal, with individuals striving for CEO positions and other senior board roles.

Another interesting theme that emerged was the changing nature of legal networking. Increasingly pressed for time and keen to squeeze some exercise into their day, lawyers are (apparently!), in an effort to maximise face time, now joining their clients for lunchtime workouts. Spinning clearly equates to winning, and not just in the fitness stakes. Quite how much gets discussed when you’re panting for breath and trying to gulp down air is questionable, but those who get a sweat on together appear to build a stronger bond. It is certainly at a slightly higher octane level than doing business on the golf course. Despite this enthusiasm for clean living though, it didn’t appear to put too many people off toasting their success at the GC Powerlist event held at the Palácio do Governador hotel.

So, ultimately, my takeaways from the trip were the increasing importance of sport to the Portuguese legal landscape. Whether that be joint ventures with high-profile athletes, needing to know your yellow belt from your black belt, or just getting your kicks on to keep in touching distance with clients, for now, it looks like this is something Portuguese firms are going to have to run with.

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How to stand out within a sea of sameness

While differentiation is a process, a solid culture is the defining characteristic of any organisation. And make no mistake, your firm has a culture; whether authored by you or not.

Anthropologist Philip Folsom will tell you that any ‘tribe’ or group collective develops its own working style. Successful tribes/organisations craft a culture based on two components: Vision – succinct and well-articulated – and Values – a core suite of operating principles that establish organisational behaviour. Vision and values are the bedrocks of differentiation. They define a company’s identity and ultimately, its destiny.

The problem is, most firms operate more by default than by design, with generic vision and values statements that few know or live by. Folsom suggests that the first step in differentiation is to look inward, put a stake in the ground and commit to principles that can truly guide your firm to greatness.

Brand building

Branding expert Joseph Panetta sees law firm differentiation through the lens of having worked with luxury brands and consumer goods for more than two decades. He asks – while you know the name of your top competitors, have you ever truly studied their website, logo, colour and font? Have you read their articles? To the outsider looking at the forest of legal services, they all look the same. If there was ever a need for differentiation, the practice of law screams for it. How to start?

Panetta suggests taking a page from consumer brand marketers, who have mastered the art of differentiation. How do they make their brands stand out? How do they define why a customer should choose them versus a similar provider? They do so by illustrating the core brand value/delivery upfront – in language, colour, font, positioning, and describing the customer experience/deliverable.

According to Panetta, whether purchasing laundry detergent, a new car or legal services, the same set of questions are inherent in any choice a buyer faces: So what? Who cares? Why you?

So what?

What it is about working with you that is special? Not merely a list of accolades or where you studied, but what is it about the experience of working with you that makes you special, different, unique. (Hint: maybe poll some past or current clients – common themes may emerge).

Who cares?

No one wants to feel like the lone wolf when making the hiring decision – along with a client roster, how about adding a ‘challenges’ list? Letting your prospects know about challenges you have helped clients overcome to show how deeply you understand them and their business.

Why you?

This is your personal ‘secret sauce’, so don’t say the same thing every firm says – tell them something that is authentic to you. Use an engaging writing style that does not feel like it was cobbled together by committee. Provide specific examples of times you provided above-and-beyond levels of client service. And this is where great bios come in – tell something engaging about your history, your path to becoming the lawyer you are, the passion you have for your practice and great success stories.

Finally, embody these answers in your presence. Illustrate what working with you can be like through your website language; how your firm answers RFPs; collateral material; your reception area; how your staff interacts with clients and prospects; even email signatures. Make your brand reflect the youness of you – not the sameness of everyone else. True differentiation is not about keeping up with the Jones’, it is about showing how you stand out from them.

Key differentiators

Research has shown that two of the top law firm differentiation techniques are creating industry teams and delivering high levels of client service. The problem is, these differentiators are becoming commonplace, so while they take your group out of the pool of ‘all’ other lawyers, you need to do more to truly stand out.

To that end, how you present yourself may be your real ticket to differentiation. Are you creative in how you tell your story, how you grab their attention? Example: recently a firm answered J. Crew’s RFP by delivering their response in the form a J. Crew styled catalog – complete with photos, images of the team, descriptions. Immediately that says, ‘we get you’. And what do clients want more than anything? To be understood and to feel special.

Exceptional client service

One way to make them feel special is by delivering truly exceptional levels of client service. But who defines exceptional? The firm, or the client? I find it interesting that firms believe they do a good job here.

In a survey I conducted with nearly 2,000 lawyers and other law firm professionals in dozens of firms, the highest score they gave themselves was for ‘Our firm delivers exceptional client service’. But that just can’t be true – by definition, every firm can’t be the exception. This means most firms are deluding themselves.

In fact, they need to think more deeply, be more ingenious, and do things that are different than their competitors. From a practical perspective, here are some differentiating actions that can get you noticed by the very clients you wish to attract:

  • Conduct (unique) proprietary research, interview/connect with key industry decision-makers, craft an industry-leading white paper positioning yourself as thought leaders and offer presentations at industry events and in-house to targeted prospective clients.
  • Hunt as a pack by forming industry teams populated by lawyers in complementary practice areas and implement a ‘Ubiquity Plan’ that deploys team members everywhere clients and referral sources are gathering/seeking information.
  • Create events and other opportunities to connect your clients and prospects with each other for their mutual benefit.
  • Collect a list of ‘gifts’ – the free services your lawyers typically offer to their clients and prospects – and publicise them to other firm lawyers so they learn the wide array of cross-services they can offer.
  • Ask outsiders to give you a clear-eyed opinion of what they see, and to help you articulate how you wish to be perceived. Then map an action plan to actualise it.
  • Most lawyers I meet are high-performers – they would not have gotten where they are without being so – but they don’t tell their story in ways that engage and attract. By establishing core operating beliefs and principles, building approaches to live and communicate those values, and adding some creativity, firms can stand out within a sea of sameness.
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Carolina Zang: Innovation is an attitude, it’s the new lifestyle

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

Firm culture is extremely important. In fact, it is absolutely critical to business performance, hiring, retention, and innovation. After many years of promoting the best work policies and putting together an amazing team, we have established a very strong culture in our firm based on meritocracy, which indicates growth and an upward dynamic. We rely on an impressive force of teamwork characterised by a high level of engagement and passion for our profession and most especially for our clients. Our culture is defined by meaningful work and mutually beneficial relationships.

I truly believe that diversity is the new culture. Every life experiences that each lawyer or employee brings to the organisation, is what makes ZBV so successful. Our core company values are the foundations of our culture, which is rich in feedback. Feedback is great for so many reasons and fostering a culture of feedback is crucial to the success of every organisation.

We have implanted a gaming app, which is an employee experience platform designed to bring organisational culture to life. The constant vertical and horizontal feedback empowers all of our lawyers to become the best version of themselves. Everyone is a significant contributor to our culture. It doesn´t just dangle from the partners downward, but it is ignited and embedded from all the ranks.

You mention diversity. What are your firm’s policies on diversity and inclusIon?

ZBV is built upon certain fundamental values that are deemed critical to the success of the firm. Diversity and integration are evermore a sense of the basis of our corporate culture. And this is very much reflected in the elevated percentage of female partners in the firm and the overall parity achieved. Currently, 36% of ZBV partners are women, a gender ratio well above the market average. And 58% of people in leadership positions at ZBV are women.

The incorporation of women partners has been a tremendous asset in the leadership and management of the firm, and also an incentive to the younger ranks of lawyers. As an organisation, we are dedicated to recruiting talented independent thinkers, with the courage and confidence in their own ability to deviate from the consensus and provide original and out of the box solutions.

In our staffing, we make it a requirement to always interview both male and female candidates, offering equal opportunities in terms of positions and salaries. ZBV embraces diversity and equal opportunity in a serious way. We are committed to building a team that represents a variety of backgrounds, perspectives and skills. We are aware that the more inclusive we are, the better our work and the overall performance of the Firm will be.

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

Every single decision we make takes our clients into account as top priority. They are at the centre of our business strategy and culture.

What does innovation mean to you and how can firms be better at it?

Innovation is an attitude, it’s the new lifestyle. It encourages us to think bigger all the time. We have established a culture of smart collaboration at ZBV that gives way to huge innovations. As part of an initiative called ‘ZBV 2022’, we have launched a series of expositions for our lawyers conducted by mentors from diverse backgrounds, who prepare the firm for the coming age of artificial intelligence.

We also have a ZBV Innovation Committee which consistently presents new ideas and proposals on how to further enhance the ratio of female talent in law firms, as well as other minority groups. This new committee is a fountain of innovation and permanent motivation, and helps us prepare the partners of the future. This year, just recently, we have innovated with a new department, named the ZBV Go To Desk. Basically it is comprised of young students from different careers who support our lawyers internally and provide research and tools to improve work processes and enhance efficiency. They have a ready-for-anything versatility and help us thing outside of the box. I believe it is crucial for all legal firms to innovate, as do companies from all other industries. It takes innovation to survive.

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

Being in the mid-sized market, it is especially challenging to conduct a firm in a country as economically and politically unsteady as Argentina. The constant changes forces all leaders to have a keen mind, a sharp strategic vision, and a spot on market analysis that will enable stability despite all the difficulties and external situations that have not encouraged or given way to successful business models in Argentina.

The legal mid-sized market in Buenos Aires is rather large and it is hard to forge a path to the top of the field. But we have managed to do so through strong marketing initiatives, solid brand construction, and strikingly bold innovations.

It has also been a real challenge to construct and maintain the firm’s reputation at an international scale. Exposure abroad was difficult to attain at first because in our market there are too many players, but eventually our merits were made evident and we got on the world map quickly and we work to keep on the international radar.

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

The most important thing clients need and want is to know that we are there for them. They need us to build trust and be their allies, because making big decisions is very hard and can be very lonely. When the time comes, they want to feel that we are there, supporting them, cheering them on and resolving any issue that may arise. Clients don’t want to feel lonesome, they want us to be on their team.

Furthermore, clients the world over want added value, want their lawyer to be more like a business partner, and want creative solutions. The key to client retention is a constant adaptability to their changing needs, and our ability to drive growth through insightful, strategic solutions, and an innovative, omni-channel approach to every challenge.

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

Technology is definitely changing the way our lawyers interact internally and how we interact with our clients as well. While at first this change was occurring gradually, we are picking up speed more and more every day and adopting new tools to improve our service. There’s certainly a lot of attention on technology and the law nowadays and we have installed new apps and gaming techniques to step onto the podium.

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

Empathy and listening skills are key when it comes to retaining talent. Being able to listen and understand associates’ needs, whatever they may be, is a huge first step towards respect and inclusion. And even though this may seem simple, it actually implies thinking big and thinking creatively. Empathy is the basis of mutually beneficial relationships, and a stepping-stone to properly process what a professional truly needs.

Another factor that aids in talent retention in my experience is trust. Confidence goes both ways and you need to trust in order to be trusted. Associates will stay if they trust you and feel trusted in return. And of course they always appreciate it when we strive to make them stand out as rising stars.

Flexibility is yet another way to retain talent at any level. Workplace flexibility has become a must-have perk. Millennials and Gen Zs are very focused on how to make the workplace better for everyone, regardless of age and rank, and they strive to make the firm is flexible, tech-enabled, and inclusive of all types of people and work styles.

At ZBV we are in fact very flexible and attend to the needs of all our collaborators. We have a ‘ZBV Flexi-Friday’ programme, which gives associates one half-day off a month. We offer extended maternity leave and a two-week paternity leave without a salary reduction (while the Argentine law only offers men two days off at their child´s birth). We have home office, part-time, some days per week part-time, everyday flex-time, once per week off, etc. But ultimately it all comes down to an equal equation of give and take.

Our culture of meritocracy is an ideal barometer to determine the extent of our flexibility. As the culture of merit-based employment and retention flourishes at the firm, our lawyers strive to offer their best, are extra motivated and appreciate the fairness in their evaluations. For ZBV, meritocracy is the way to attract and retain top talent.

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

Everyone would recurrently alarm me with a ‘just wait and see, I’m warning you that people are the biggest challenge’. At first I thought I completely understood this, as it seemed pretty obvious, and I just took it for granted. But then, over the course of the years I truly learned and understood what everyone meant. There are as many realities as there are people, and things happen to people all the time. Sometimes they want and they can, sometimes they want and they can’t, other times they can’t but they don’t want. The spectrum of human possibilities and combinations is infinite. This turned out to be a big surprise.

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

I feel like I timidly entered the world of business partners. What it all comes down to at the end of the day is that we are also a provider, in our case offering professional services.

Finally, what advice would you give to the next generation of partners ready to rise the ranks?

I would mention three attributes that I deem essential: team capability building, listening skills, and the ability to embrace change. To empower people you have to know them. To know them, you have to listen to them and care. And when you receive their input you have to be ready and brave enough to generate change. Nowadays you can reinvent anything and innovate all the time. You just have to go for it. And if you thing changing is hard, try not changing!

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Resistance to change

Right now The Legal 500’s UK research team are putting the final touches to their rankings. I’m hopeful that when we launch the 2020 UK Solicitors guide later this autumn it will show that we have achieved one of the aims I set out when I joined – to boost diversity, and, in particular, increase the number of women listed as leading lawyers.

Given all of the attention on women in law across the industry, by and large our plan has been very positively received by firms and partners alike. Many have contacted me direct with suggestions of talented female lawyers overlooked in past editions. And, during the research phase, most partners interviewed have gone out of their way to help our researchers – putting forward skilled colleagues (and indeed rivals) who deserve to at least be considered for our leading individual lists but who have – to date – been excluded because their names haven’t been mentioned as frequently as men’s.

This has been no deliberate exclusion by our researchers or those they interviewed for past guides. Rather, the comparatively small number of women ranked suggests they have fallen victim to unconscious bias. The male lawyers who have historically dominated both commercial law and, as a consequence, our individual rankings have been more likely to put forward the names of other already well-known men, than less well-known (but no less talented) women.

Firms’ willingness to help us redress the balance reflects both their desire to right a very outdated wrong and a real business need – today’s clients demand that their law firms are demonstrating diversity within their ranks.

In this environment, where big companies want to see evenly balanced pitch and transaction teams, building the profile of the most talented lawyers, irrespective of gender or race, is a business imperative for firms. So surely, it can only be a good thing if The Legal 500 reflects this new market and firms can point to our rankings to demonstrate the recognition of their lawyers, male and female? Or so I thought.

Disappointingly though it has emerged during the course of the research process that not all partners agree with us. Some have contacted us to raise concerns that our plans to increase the number of women listed could jeopardise the position of men.

Their fear is that if we add women, then deserving men will unfairly lose their positions as a consequence.

Others have gone further still and openly criticised researchers in interviews, stating that it is ‘ridiculous’ for The Legal 500 to actively seek the names of talented female and minority lawyers when we should be looking only for the best lawyers, whatever their gender or skin colour.

While the numbers making these criticisms are small, the profile and seniority of some of the firms and individuals involved suggests we need to answer their concerns.

To clarify our position then: our intention is not to add women at the expense of men – operating a one in, one out policy that means that for every female addition a man will lose his place.

Nor does it mean that we plan to add women simply to make up the numbers, lowering the bar so that it requires less talent for a woman to make our lists than a man.

Every single name on our individual lists – whether that’s well-established senior partners, next generation partners or rising star associates – will continue to win their places on merit. They will all need to demonstrate a presence on high profile matters, a strong client base and the respect of both their private practice peers and their in-house clients.

In the short-medium term this might mean that our lists get longer as we increase the number of women on them.

Over time we would also hope that we can increase the representation of other minority lawyers in our rankings. At present, however, there is simply not a big enough pool of black and minority lawyers working at a senior level within firms for us to choose from, so this goal may take a bit longer. Recent research from sister title Legal Business found that across the top 12 firms in the LB100 only 7% of UK partners identify as BAME, highlighting the scale of the problem.

So please don’t fear or ridicule our intention. As I write this, a host of firms are in the process of signing up to the Law Society’s Women in Law Pledge, which sees them promise to support the progression of women into senior roles by focusing on retention and promotion and set clear targets around gender equality and diversity. Just for reference the latest stats from Thomson Reuters show women make up just over 20% of firms’ partnerships compared with 60% of trainees.

Increasing the number of women and other minority lawyers working at a senior level in law firms is a priority for the industry as a whole – businesses suffer without diversity of all forms. All The Legal 500 wants to do is play a small part by making sure that where deserving women and minority lawyers exist (which quite clearly they do) we are including them in our rankings, on the basis of merit and merit alone. Our challenge historically has always been that we reflect what the market tells us – if we don’t hear women’s names, we can’t include them. Our current push is just us trying to rectify this problem.

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Striking a balance

Ever since my first year in university, I knew that I wanted to become a lawyer. It seemed to be the perfect combination of finding creative solutions for challenging problems and applying social skills to reach common goals, either through litigation or negotiations. I even remember the exact moment: after winning a moot court challenge on a shareholder dispute, my ambition was to join one of our leading law firms and become the best litigator ever. That’s why, in 2005, at the age of 24, I joined Loyens & Loeff.

Being a firm that stands out in both legal and tax law (in a 50/50 combination), Loyens & Loeff is a very special breed. As a junior lawyer, I tremendously enjoyed the energetic and entrepreneurial spirit for which Loyens & Loeff is famous. And although juniors put in a lot of long hours, doing something I loved, in combination with having a steep learning curve, and being surrounded by ‘great minds’ only strengthened my ambition. In these first years I never experienced any disadvantage for being a woman. That somewhat changed with my first pregnancy.

A man’s world

After a couple of years in the firm, I met my husband. We knew pretty soon that we would want to start a family. I realised at that moment, maybe for the first time, that my thus far ‘straightforward’ work-life might become less straightforward.

A brief encounter with one of the senior partners (who left the firm quite some time ago), regretfully confirmed this when he said to me: ‘Congratulations with your pregnancy. Good for you. However, before we make any decisions on your promotion to become partner, we will first need to establish that you are able to return to practice while maintaining your capabilities and ambition.’

That was not a very reassuring message to take with me into my first maternity leave. I found this immensely unfair as I was still the same person and professional.

Communication is key

After our first child was born, I shifted my working hours slightly. Working from home in the evenings and sometimes also (parts of) the day and allowing myself more flexibility, for example by taking a break every day between 5.30pm and 8.00pm in order to have dinner with our family and putting our daughter to bed.

After returning to the office – and ‘proving’ I was still fit for the job – my promotion to partner came up in 2015, the same year we had our second daughter. In all honesty, combining a newborn with the partner promotion process was not always ideal. However, for me it was not an option to adjust my family planning to my career. Also, I did not want to slow down on my promotion and did not see any reason to do so either. I felt I was ready for it and – looking back – I can say that I was. Obviously, this is a very personal decision. Should an associate opt to pace her- or himself, waiting one or more years after starting or completing their family, this should of course be possible. Communication (on both sides) is key in that respect. In my view, this is a given, as firms should not want to waste their highly skilled and trained talent for partnership for the simple reason that somebody wants to have a family.

After being promoted to partner, life got easier: I gained more control over my agenda, without having to compromise on the quality of the work done. For instance, my team knows that I am only exceptionally available for calls between 5.30pm and 8.00pm, allowing me quality family time.

The fact that we live very close to the office in the centre of Amsterdam, also gives me flexibility. The commute from our home to Loyens & Loeff is 20 minutes by bike. School is five minutes from home and 15 from the office, making it possible to squeeze school activities into our busy work schedules (at least every now and then).

Making a difference

Soon after becoming a partner, I joined the firm’s diversity and inclusion committee, of which I am currently the chairperson. This gives me the opportunity to actively contribute to our firm’s target of having 30% female partners in 2025.

To get there, we are changing the culture of the organisation itself through awareness training (sessions for all partners, with the focus on (personal) leadership), differences in leadership styles (masculine and feminine), and changing our appraisal and career review methods. In addition, we focus on empowering our female associates, among others, by offering external and internal coaching and mentoring programmes. This is crucial at every career stage, from junior to senior associate.

In our career watchers programme female associates are mentored, coached, and helped by experienced mentors (partners in the firm). Both the mentor and mentee are encouraged to share their experiences of working at our firm. The career watchers programme is a proven success: many of the mentees in the programme actually make it to partner.

Next to creating a more diverse firm, stimulating a culture of ‘inclusiveness’ has become another main point of focus. Together with organisations like Expertise Centre on Diversity Policy (ECHO) and Forward (to encourage the acceptance, validation, and visibility of LGBT+ people), we are confident of realising this inclusive culture.

Work in progress

I now have 6-, 4-, and 1-year-old children, so combining family life with my partnership at Loyens & Loeff and my role on the D&I board is a constant work in progress – always trying to find the right balance. But I am as passionate about my family life as I am about being a lawyer and an inclusion advocate, and as long as it gives me energy, I will make it work.

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Reflections of a commercial silk

It’s been an exciting time to chair the Commercial Bar Association (COMBAR), a specialist bar association (SBA) representing the cream of English and Welsh barristers advising the international business community. With 1,600 individual barristers and 38 leading chambers, COMBAR is a hallmark of excellence, with members advising and appearing as advocates and arbitrators in high-value, complex commercial disputes in the UK and abroad, acting as expert witnesses on English law, and advising governments and trans-national corporations on legal reform as well as a wide range of commercial transactions.

When I began as a member of COMBAR’s executive committee back in 2012, little did I realise just how varied and interesting the work would be. The last two years as chair have been demanding but stimulating. The more usual range of duties has included representing COMBAR members on the Bar Council’s general management committee, which has involved seeking to address a wide range of issues facing not only commercial barristers but the Bar as a whole (access to justice, funding of legal services, equality and diversity (E&D) issues etc.), chairing meetings of COMBAR’s governing executive committee, liaising with our various sub-committees, in particular on E&D issues, and representing COMBAR at a wide range of legal events. As part of its normal year-to-year activity for which the chair, executive, and E&D Committee are responsible, COMBAR has an extensive and varied continuing education programme. It also provides substantial support (financially and through administrative and barrister time) for a number of initiatives, including financial awards together with practical work experience in COMBAR sets to promote access to the commercial Bar by young people from disadvantaged backgrounds; supporting the work of Advocate (formerly the Bar Pro Bono Unit) both by direct financial contribution and indirectly through the many cases which COMBAR members undertake on a pro bono basis; supporting the CLIPS pro bono scheme operating in the Chancery Division of the Business and Property Courts and helping to set up a new pro bono scheme soon due to operate in the London Circuit Commercial Court; providing financial support to schemes set up to enable young commercial lawyers from Africa to come to London to gain experience of work at the commercial bar. There are many other important areas of COMBAR activity both domestically and internationally that are too numerous to mention.

Challenges and opportunities

In an increasingly connected and fast-paced global business world, London continues to maintain its unrivalled position as a centre for international commercial dispute resolution. The numbers tell their own story. More arbitrations take place in London than in any other City in the world; the total number of commercial and civil disputes resolved through arbitration, mediation, and adjudication in the UK in 2017 was nearly 33,000 (compared with nearly 26,000 in 2016 and 23,000 in 2015); companies are significantly more likely to choose English law over any other governing laws for arbitration.

The Commercial Court remains predominantly an international court, with 70% of its business in 2017/18 comprising international cases. Although Brexit may present challenges, a recent survey indicated not only that London remains the most preferred arbitral seat, significantly ahead of Paris, Hong Kong, Singapore, Geneva, New York, and Stockholm, but also that most respondents considered that its pre-eminence in international arbitration would continue irrespective of the result of the Brexit negotiations.

COMBAR members, and David Joseph QC in particular, should be commended for playing a leading role in representing the Bar on key committees providing guidance and technical advice to the government on Brexit-related legal issues. As an SBA we are proud of the amount of high-quality pro bono work our members have contributed to this important task and for continuing the outstanding and influential ‘Brexit papers’.

We must maintain the high standards of advocacy, advice, and overall client service that have been the hallmarks of the commercial Bar throughout the 30 years’ of COMBAR’s existence, while being flexible and innovative to meet our domestic and international clients’ changing needs. Through this continuing quality of service we should strive to play our part in helping maintain London’s premier position as a dispute resolution centre and English law as the law of choice for the resolution of commercial disputes around the world.

We must also continue and build upon the work to promote E&D. There are still too few entrants to the profession from BAME or disadvantaged backgrounds and there is a continuing challenge over retaining talented female barristers for the duration of their career. I have initiated a process under which I hope significantly more funding will be made available by COMBAR over the coming years to assist in undertaking this important work.

Key achievements

As chair I have been instrumental in helping the Commercial Court to launch two extremely successful Judicial Assistant Pilot Schemes. Under these pilots, the Commercial Court judges have been provided with judicial assistants (JAs) recruited from the ranks of the junior commercial Bar. Not only do JAs help lighten the administrative burden facing our incredibly busy judges, but they also gain enormously from the experience.

During the two years for which the schemes have been running, securing funding has been a major challenge, overcome initially by individual sets providing funds in support and then by the COMBAR membership as a whole. COMBAR’s commitment to the idea that judges need JAs, and that it is important to ensure they get them sooner rather than later, has borne fruit. As a direct result of these two pilots, the Ministry of Justice has agreed to fund a JA scheme to support judges in the Business and Property Courts and in the Family Division from October. COMBAR can rightly be proud of its contribution to this important development.

Advice to my successors?

My two-year stint as chair has been varied and challenging, requiring the support of a talented and committed executive and our amazingly hardworking and knowledgeable administrators, Veronica Kendall and Alison Tighe. I would advise my successors to try to approach as much of the work as possible as a team effort, while never forgetting the responsibility vested in them.

Maintaining and growing our already significant membership is important, as is ensuring that we offer them what they are looking for in terms of continuing education and other aspects of professional support and representation at the wider Bar level. We need to do more to encourage more women to sign up as members – and, with a current membership split of 70 men to 30 women, there is clearly more to do.

Our new chair is Sonia Tolaney QC of One Essex Court, who formally took over on 6 June 2019. I’m confident that Sonia will relish the challenge of this busy role and will take COMBAR forwards from strength to strength. n

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How do the best law firms stay ahead of the pack?

External counsels often face the question: ‘What do in-house lawyers really want from their external counsel?’ In-house teams act as gatekeepers who deliver legal advice to their colleagues in various practice areas around the clock. Due to the huge work volume, external counsel can become a significant ally in helping to alleviate work pressure, provide specialty advice, and improve efficiency. Therefore, what do we want and how can law firms become a trusted business partner?

Know your client

Care and attention to our business is crucial to firms’ success. There are many ways to understand the realities of our business, as well as the opportunities and challenges we face. For example, online research of company press releases, annual reports, and regular filings with government authorities, as well as regular meetings and networking events with in-house lawyers. However, secondments are one of the best methods. Through secondments, external lawyers work alongside in-house counsel, which gives them a first-hand view of the day-to-day work we do and builds a foundation of trust and familiarity that will extend well beyond the secondment.

External counsel should also take the initiative to keep us up-to-date on industry specific developments, as well as regulatory and market changes. Firm newsletters are useful, but often go unread because of other work pressures. Therefore, we would prefer innovative and targeted ways to keep us up-to-date, e.g. customised training programmes and regular contact with a relationship partner.

Value-added services are also always welcomed, such as conference/panel discussion invitations, marketing support, and making available useful tools developed or used by firms.

Be proactive

When we engage external counsel, we expect expertise in the relevant practice area. Therefore, when external lawyers work on a project, it is important for them to focus on the business objective, listen to our priorities, and deliver with timeliness and quality. We encourage external counsel to ask questions and consider the ‘big picture’ before jumping into legal research or providing advice. In addition, business objectives may evolve over time so we recommend that you engage with us throughout the process to ensure that everyone is ‘on the same page’.

However, don’t be overzealous and respect the internal protocol. External counsel are instructed by in-house counsel, so it is important to check with us before acting on discussions with business clients and always keep us ‘in the loop’.

Clear, concise, and practical

We want more than just a lawyer, we want an advisor. Firms often provide conservative legalistic reviews, with many options but no answer. We are seeking a more practical and commercial approach, that highlights the options and risks, but also provides a recommendation.

Presentation is also important. Your in-house contact does not generally have time to read a ten-page memo. Therefore, it is important to provide a clear and concise summary of the key findings, assumptions, risks, and recommendations at the front of any advice (or agreement drafted). If necessary, include the detailed analysis and other information as an attachment.

The real value of external counsel comes from their ability to understand and apply the law to facts, identify risks, and provide a solution that can be implemented.

Safe pair of hands

External counsel should be a safe pair of hands and the simplest things can often make the biggest difference, e.g. a brief acknowledgement that you have received our email and provide a timeframe when we can expect your response. In most circumstances, we can work within your timeframe. Therefore, be realistic, don’t ‘over promise’ and deliver on time, so that we can deliver on time to our internal clients. If there is a delay, let us know as soon as possible.

Costs are always a pressure point for in-house teams. We look for counsel that provide clear, transparent, reasonable, and innovative fee arrangements. To that end, we recommend that firms thoroughly review their invoices to ensure the work being invoiced is valuable, narrations are clear, and the fee arrangements and/or policies agreed are being followed. Reducing the time spent on invoicing issues will benefit both in-house and external counsels. Also, invest in relationships with in-house teams by not charging us the excess time spent by the junior attorneys so that they are not learning on our dime.

In-house teams have many competing demands. Therefore, the best way for external counsels to stay ahead of the pack is to partner with their in-house clients to help them deliver on their objectives. To achieve this, don’t be afraid to reach out and ask us for our thoughts. n

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Building a modern clerks’ room

On becoming sole senior clerk at Essex Court Chambers I reflected that as the Bar, and indeed the world, has modernised, so too has the role of the barrister’s clerk. What a complete transition it has been – from chambers comprising 15 barristers to sets now in the hundreds; low key business development has evolved into targeted global marketing initiatives and I am proud to have been at the spearhead of this progression.

I am passionate about the wellbeing and support of barristers and staff that work alongside me and, in an effort to increase client care and at the same time improve the clerks’ wellbeing, I implemented a significant restructuring project at Essex Court. This transition resulted in the clerks’ room growing from three clerking teams to four; and facilitated five internal and two external promotions. The result has been simply fantastic, with an immediate increase in productivity and huge appreciation from my team for the reduced, and flexible, working hours that I have put in place. I very much hope that these types of initiatives will be embraced by every set as an aid to improving work-life balance.

One of the great strengths of the Bar, and by extension, its clerks, is its adaptability. As clerks, we are proud of what we do and see ourselves as a stand-alone profession with a unique skillset. The development of those expansive skills guarantees sufficient intellectual stimulation to ensure a completely fulfilling career. At Essex Court we recognised that our clerks’ room is a reflection of chambers and to reinforce our ‘magic circle’ status have always been rigorous in identifying the highest calibre of candidate for any vacant position.

Graduates or school leavers?

Historically, clerks started their career when they left school at 16 and more often than not were drawn to the profession by family members and friends who were already in chambers. This is changing rapidly and now graduates are seeing clerking as a very attractive career path. When I first started to recruit graduates, one of the initial obstacles was ensuring they did not see clerking as a stepping stone to a career as a lawyer. I am pleased to report that as the role has progressed we face this issue less, especially as many colleges and universities are now promoting the profession as an alternative to becoming a lawyer. I am proud of the fact that a third of my clerks hold good degrees and, more importantly, that their degree is an asset to the room.

When writing this article, I discussed with several of my graduate clerks what they feel the benefit of having a degree is in our industry. The strong consensus is that a degree provides vital experience in working to deadlines, organisation, diary management, effective communication, content drafting, professionalism, interpersonal skills, juggling workloads, and has given them a work ethic standing them in good stead for a career within the clerks’ room.

That is not to say that I do not still appreciate the grit and endeavour of a young adult, fresh out of school, who is looking to make a mark on the world. The school leavers in my clerks’ room have been able to grow within the role and tailor their skills effectively to the specific requirements and attributes of a clerk, and the benefits of being able to mould their skills from the outset to suit chambers is very beneficial. Also speaking to them, they feel it is advantageous that from early on in their career they have not had a structured routine and understood the importance of flexibility and that no two days are the same, they have a drive to challenge themselves and expand their knowledge whilst on the job. I have also found that graduates who see clerking as a long-term role very much respect the abilities of traditional clerks and are keen to learn from those who came through the ranks.

Progression and responsibility

As I touched on earlier, the requirements of a clerk’s role have increased and the skillset required has expanded to include complex fee negotiation (often now with the clients, funders and other professional bodies), business development and compliance with ever-increasing regulation. The evolving legal landscape of people with different and sometimes competing interests – barristers, solicitors and support staff – means that a modern and forward-reaching clerks’ room is a must if you are to provide a seamless and client-friendly service.

Career progression is changing and where traditionally clerking roles began with several years of manual labour as a ‘junior clerk’ before opportunity was given to perform the wider functions of a ‘desk clerk’, we, as a profession through the Institute of Barristers’ Clerks, and internally here at Essex Court, are providing more and better training than ever before. We think the increased focus on training will enable junior clerks to progress up the ladder quicker, creating a fast-track to desk clerking.

During my restructure I was able to promote two graduates to the senior team from the junior clerks’ team, with less than 16 and 22 months in the job respectively. This was on the basis that more intensive internal and external training was available in their respective new roles, and their status as graduates meant we could rely on them already having the ability to withstand the intellectual rigours of clerking the complex practices of barristers. Traditionally we would have not considered such a promotion until completion of three years as a junior clerk.

I am not advocating that a modern clerks’ room should be made up entirely of grads: far from it. Simply that a modern clerks’ room must be diverse and armed with a full set of skills to better equip us in serving our clients and members in the ever-changing, ever-challenging landscape that is the modern Bar. We reflect and enhance the flexibility, responsiveness and creativity that is the strength of any successful chambers. Relationships with individual barristers and clients forged over an entire career should never be underestimated, no matter what your level of education.

Retaining talent

For those entering the profession now, it is also a much more attractive career choice for women. While discussing the recruitment of graduates generally, one thing the clerking profession can congratulate itself on is the rapid change to the gender demographic in our clerks’ rooms. However, it is important not to get complacent and at Essex Court, we have tried hard to look at the way we work to encourage the retention of our staff.

Solicitors firms have been way ahead of the Bar in terms of female- (and family-) friendly policies; but at Essex Court, we have not just looked at how we can encourage the recruitment and retention of female barristers, we have looked at how we can do the same for female clerks. We have put in place enhanced maternity policies and more flexible working practices, which we hope will reassure our female clerks that should they chose to combine a clerking career with raising a family, the level of practical support we can provide, both whilst on maternity leave and upon their return to chambers, should allow the right balance to be struck. I cannot speak for wider statistics in clerking, but in my clerks’ room we have a 60/40 split of men to women.

Market-leading clerks need to have a hunger for success and an insatiable appetite to achieve. Graduate or non-graduate starter clerks know that if they work hard, it will pay off and with the new makeup in our modern day clerks’ rooms this profession has a very exciting future ahead!

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The uncertain road to equity

In my experience, the biggest issue for anyone focused on making equity is the chronic lack of clarity from employers about what it takes to get there.

Not a week goes by without a salaried partner contacting me after being passed over for equity status, without explanation. In that kind of scenario, it is all too easy for that partner to conclude that they are simply not valued, that their practice area is not an investment priority, or that the firm simply does not want to dilute its PEP.

Naturally, many of these partners conclude that their only option is to move on – and in some, but not all cases, this is inarguably true.

That is a big issue for firms and one that can only be effectively solved by putting in place a framework of metrics and measures that can shed a little light on the journey to equity.

But for those embarking on the journey, which may last ten years plus these days, there is no time to wait. So, what can associates and junior partners aiming for equity do to navigate a way to the top?

Have a plan

One thing is for sure. This is not the kind of journey that anyone should embark on without a map. In this context, a map is a clear plan. It is no longer enough to work hard, get results, and wait your turn. Making equity these days requires a strategic career plan that is based on a clear understanding of your own talents and ambitions, and the landscape in which you operate.

In simple terms, making a plan boils down to asking yourself a series of searching questions:

1. Why do I want to make equity?

It might seem an easy question, but I am constantly amazed at the number of people who cannot answer it. Is it about status, influence, money, or something else?

For instance, if the motivation is purely money, then a lateral move to salaried partner in another firm can see salaries more than double. Similarly, if the motivation is influence then the firm you work at and its remuneration model must be considered.

2. How are my numbers?

It goes without saying that the step up to equity partner is contingent in no small part on billings and, therefore your contribution to the PEP.

So, take a close look at your numbers. What are your billable hours and how can you move up from a £1m biller to £2m+? Do you need to hire to create more leverage, better value your time, or look at how you blend your rates?

It is important to be honest here, no matter how comfortable you might feel in your current firm. If you cannot see a way to grow your billings as you aim for equity, it might be time to find a firm where you can.

3. Should I stay or should I go?

The final big question must be answered honestly and objectively, free from sentiments such as ‘I like the people’ and ‘I’m comfortable here’.

Given what you have considered about your motivations, numbers and skills – can you achieve your equity ambitions at your current firm? Do you have the time and support you need to increase your billings, are there opportunities to get involved in business development, cross-selling, leadership? Is my practice area a priority the firm is supporting with investment?

If the answer is ‘no’, then you need to decide what’s important – loyalty or ambition. If it is the latter, then a well-planned career move might be the only way forward.

Think about the remuneration model that might best suit you. Is it the traditional, lockstep, the individualistic eat what you kill or a more meritocratic hybrid model? Which is most likely to promote the working style and culture you can thrive in?

Start Early

In truth, these days it is not enough to think about career steps one at a time. Associates and newly appointed salaried partners should already be thinking about their routes to equity.

So, plan at least five years ahead and get specialist advice from someone with an overview of the whole market who can advise on the right steps to take – it is the surest way to avoid dead ends and make efficient, sure-footed steps towards a clearly defined equity goal.

Until law firms are transparent and honest about the journey to equity – and thereby fix the succession planning and structural issues the current situation creates – anything else is to trust to luck. And what self-respecting lawyer would do that? n

Definitive Consulting is a leading executive search firm focused solely on partner level appointments for law, accountancy, and consulting firms with offices in London, Dubai, Hong Kong, Singapore, Melbourne, and Sydney.