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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.

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Gracefully tooting your own horn to partnership

To give some background, please give us an overview of your career trajectories to this point?

Terra Reynolds: I started out in government and served for more than a decade as an assistant US attorney in the Northern District of Illinois, eventually becoming deputy chief. In that role, I tried more than a dozen federal criminal cases and led numerous complex investigations and I’ve briefed and argued matters before the US Court of Appeals for the Seventh Circuit. Before that, I clerked for Judge Marvin Aspen in the US District Court for the Northern District of Illinois. I recently became an adjunct professor of trial advocacy at my alma matter, Northwestern University School of Law. I joined Latham in July 2017, and am a member of our Women Enriching Business (WEB) committee, which helps create opportunities unique to women lawyers and to current and prospective women clients.

Eric R. Swibel: I’m a Latham lifer, though before I officially joined the firm, I clerked for Judge William C. O’Kelley in the US District Court for the Northern District of Georgia. I was promoted to partner in 2017 and beyond my role as Chicago litigation co-chair with Terra, I’m also part of the ethics committee and the legal professional and paralegal committee at Latham.

What are the areas of litigation you focus on?

TR: I’m a former federal prosecutor and in my white collar practice at Latham, I represents clients in white collar criminal defence, internal and government investigations, and complex litigation matters, particularly within the healthcare and life sciences industry. My clients include market-leading domestic healthcare companies, multinational pharmaceutical and medical device companies, and individual executives.

ES: I’m a securities and white collar defence litigator focusing on government investigations, shareholder litigation, and internal investigations. My clients have included public and private issuers, broker-dealers, investment advisers, private equity firms, hedge fund advisers, and officers and directors. I’ve also written and spoken to client and industry groups on developments in SEC whistleblower law.

What does being an office department chair at a firm like Latham & Watkins involve?

Both: I think for each person, and for each office, it is different based on priorities, preferences, and office culture. For us, we’re focused on mapping our vision of the future of our litigation practice in Chicago, and then tapping the resources around the firm to make that vision a reality. It’s given us an extra avenue to dialogue with our colleagues and discover that collective view.

One thing Latham does particularly well is identify the best lawyers for each matter, regardless of home office. We get to play a key part in that process by working closely with colleagues in Chicago and our counterparts in other offices to ensure our clients have the benefit of our deep expertise. That’s one of the great, unique things about Latham – the collaboration and coordination across hallways, across practices, across oceans. Everyone is open and willing to roll their sleeves up to help make projects happen, no matter how complex.

Do you anticipate your day-to-day will change as a result of your new responsibilities?

Both: Again, taking on the chair role creates an extra channel and more opportunities to hear directly from colleagues at all levels around the office and the firm globally about the factors driving their practices, how things are changing, how client demands are evolving, and how we can tap into and expand Latham’s capabilities to ensure we remain an innovative firm at the top of our game.

If you look back 15 years, is this something you would have predicted for yourself at this point in your career?

ES: 15 years ago, I was a server at Shaw’s Crab House in Chicago. I loved my job, and picked up a bunch of skills I use as a lawyer – understanding the basics of client service, multitasking, and keeping an even-keel in a fast-paced and sometimes stressful environment. I was about to start law school, and I hoped I’d have a rewarding career, but I can’t claim to have predicted that it would have unfolded exactly how it did. For better or worse, from my first day at Latham, I took a day-by-day approach. I prioritised opportunities to work with good people, and tried not to overthink the rest, and that’s the advice I give to junior lawyers.

TR: 15 years ago, I was a federal prosecutor in Chicago focused on investigating and prosecuting cases. I had a rewarding and fulfilling career, working collaboratively with my colleagues on complex and meaningful matters. While I could not have predicted it at the time, I am thrilled to be at Latham working collaboratively with an equally wonderful group of colleagues on complex and meaningful matters, and serving the litigation department in a leadership role.

It’s a highly competitive environment you’re in – at a top US law firm – what are the compromises you have to make in terms of work-life balance?

Both: It’s not necessarily just about law firm life, more so than it is being a busy professional in general. Latham is fantastic about allowing individuals to carve out the work-life balance that works for them personally. Yes, our first responsibility is to our clients, but our clients and Latham understand that we’re people with families. It’s great to have the space to figure out what works for us on an individual level, and to feel 100% supported. Everybody navigates it differently, and having the flexibility to do that is hugely helpful given how busy our matters can be.

What advice would you give to associates looking to make partner?

Both: Trust yourself and know when to ask questions. Of course, there’s a tension here, but it’s critical to trust your judgement and your ability to make valuable contributions. At the same time, be comfortable asking questions, and recognise what you still have to learn.

As with most careers, the path to success is about seizing opportunities and pursuing what you’re passionate about. If you want to take depositions, make it known to partners on your cases, and in your practice, and offer to help, often.

Get involved. Take part in, and volunteer for, committee activities and pro bono work. Show up to meetings – for the practices you’re interested in and even those adjacent to yours – you never know what you might discover! Ditto for local Bar associations and activities.

Be visible. Use the ‘extracurriculars’ to get on people’s radars. Pursue and take on speaking engagements, write client alerts and publish byline articles, all to start to build your brand in the market. And importantly, make sure you leverage that work and your case successes internally so your partnership can see all the great work you’re doing to create business prospects. It’s all about (gracefully) tooting your own horn.

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Ready for take-off

What have been your greatest personal/professional achievements to date and why?

Professionally, the many cases where we made new law, seeing the inner workings of a great banking institution through advising the Monitor on HSBC, and leading the investigation for the FIA stewards into Crashgate at the 2008 Singapore Grand Prix; uncovering what The Times described as the worst act of cheating in the history of sport.

In addition, working with fantastic lawyers such as Dame Elizabeth Gloster, Barbara Dohmann QC, and Clare Montgomery QC and learning from them. Personally, getting a tenancy in a civil/commercial set of chambers as a state-educated 23-year-old woman in 1984 is right up there, but also pursuing my career as a single parent since my children (now in their 20s) were tiny.

As Dechert’s head of disputes in London, what are the firm’s ambitions in London generally and for the disputes practice?

London is a strategic priority and focus of investment for the firm. The firm’s global strategy is based around the practice areas and economic centres where clients are most active and where there is the greatest opportunity for growth, of which London is key. Dechert as a firm – and particularly in London – is a very exciting place to be.

Dechert is in a transformational phase and there is a real impetus for growth, targeting strong lateral partners to build out the key global practices. We need to scale up further to serve our clients even better. The demand is there, the foundations are there, and we are poised to soar. In the last two years Dechert’s London office has grown by more than 20%, and we intend to grow even more. In fact, watch this space for further news about the disputes practice in 2019.

What do you think are the top three priorities for clients – and why? And how are these priorities changing? Do you find yourself pigeonholed by historical reputations?

(1) Winning, but what that means depends on achieving the client’s optimal outcome; (2) a firm that can advise across the board, across jurisdictions, and understand the reputational, regulatory, and business implications of litigation or arbitration; and (3) high service levels’ teamwork and/trusting/liking the people you will be working so closely with, often over several years. Reputational concerns arising from disputes are increasing, with digital communication fostering activism and messaging through non-traditional media channels.

What are the biggest challenges in the world of litigation?

As other global law firms handling large litigation cases will no doubt agree, cost control is far and away the biggest challenge. It has to be at the forefront of how we represent our clients and we have to be resourceful and innovative to provide excellent service but at the same time limit cost exposure. Good communication is key. No surprises!

What are the biggest challenges facing US firms in London?

Firms such as Dechert, which have strong capabilities on both sides of the Atlantic and global reach, are performing well in London. The London market is very crowded, so differentiating yourself is a challenge for everyone. Our clients know us as one of the elite global law firms in our chosen areas of specialisation, but there is arguably a lag in recognition amongst our London peer firms.

Has your firm recently rethought its approach to diversity and inclusion?

Diversity and inclusion has been in Dechert’s DNA for many years. We were one of the first firms to elect a female partner in the early 1970s, Norma Levy Shapiro, and we remain very proactive with our affinity groups and diversity events.

We have a dedicated director of diversity and inclusion and a partner-led diversity and inclusion committee supporting our various affinity groups’ which include the Asian Affinity Group, Black Lawyers Alliance, Dechert’s Family Network, Latino Affinity Group, LGBTQ Affinity Group, and Dechert Heroes, an affinity group for veterans and their families.

In addition, members of Dechert’s Global Women’s Initiative, of which I am one, meet regularly to identify and implement initiatives that promote opportunities for women to advance and lead throughout the firm. One such example is the recently launched career and personal development programme specifically designed to support the progression of female talent into senior roles. The programme incorporates mentoring, networking and leadership training from both external trainers and internal role models and is open to all women in the business. Crucially, it helps women develop a support network within the firm.

Whilst there is clearly more to do, Dechert is regularly recognised for our efforts – for example our London office received the Commendation for Diversity Award at the LawCareers.net Awards 2019 and an accolade for ‘All Star Sustained Performance in Recruiting Outstanding Diverse Talent’ in 2018 from Aspiring Solicitors, a non-profit group that promotes more diverse recruiting.

How would you define Dechert’s culture? What distinguishes the firm from its peers?

It takes a committed, global team to deliver excellence in service and innovative thinking. The best ideas come from respecting and valuing everyone’s voice. The great thing about Dechert is that it’s all about building community within the workplace and with our clients; creating an environment where people are trusted and empowered to do their best.

What does innovation mean to you, and what are the key factors changing the way legal services are delivered?

Innovation and the progress of technology is a huge issue for all law firms. To me, innovation means ‘how do we invest in and harness innovation to serve our clients better and control costs?’ For reasons of competitive advantage the firm does not overtly publicise its approach to tech innovation, but we have an Innovation Task Force, and we have invested heavily in technology-led services that are leading the way in the legal market.

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Do great work, get more work, repeat

Heidi Keefe

What makes a great trial lawyer? What do clients look for?

I don’t think there is a single definition of a great trial lawyer, but perhaps the one thing they all have in common is an ability to captivate an audience. You have to be a storyteller, a teacher, and a motivator. Grab their attention with a story that teaches them your facts, while motivating them to love your client. Clients look for all those things, coupled with a great team that responds thoughtfully and quickly at all times.

What was it like the first time you were first chair in a case?

The first time I got to be first chair in a case was exciting. Knowing that someone trusted you to be their voice – to advocate for them – was humbling, and it was oh so joyous to be able to put all the skills together that we had worked on for so long.

What do you think most trial lawyers could be better at?

While most trial lawyers are great talkers, we all need to be better listeners. Some of our best ideas come directly from our teams and from the questions judges or juries ask (whether directly or through the looks on their faces). Having the confidence to allow for more than one point of view always makes the case better.

How do you manage client demands and expectations when the stakes are so high?

The only way to work with a client on a high-stakes case is with brutal and constant honesty, both good and bad. I dislike the term ‘manage expectations’ because it implies some form of manipulation. Instead, the best avenue is being honest and knowing that they are accepting of your honesty.

You like to win, so how do you respond when an argument doesn’t go your way?

Wait, arguments don’t go my way? But seriously, cases in general, and trials in particular, are long, complicated processes. If an avenue is not working, we try to figure out a way to use that to our advantage. Knowledge is always valuable, even if it comes in a ‘loss’, because it can be used to transform the case into a win. Never ever give up, because as my mother used to say, ‘winning isn’t always a victory and losing isn’t always a defeat’. That said, winning is still more fun.

Is there more pressure on litigators or is it comparable to transactional lawyers?

I don’t think anyone can compare pressure or stress. In a service industry, we are always looking to win for our client and to give them what they need to make sure their companies can keep making the technology breakthroughs that we all love – whether through the next great IPO, the big trial, or even the complicated tax or immigration questions our clients face. Each could make or break a company at any given time if we aren’t right.

How is technology changing the lives of trial attorneys?

Honestly, tech changes trial lawyers’ lives the same way it does everyone. We have simpler and easier access to all information all the time, which is its own double-edged sword. I do feel quite strongly, though, that tech can hurt trial lawyers almost more than it can help. We cannot forget to connect with the humans in the room. We need to watch for understanding or lack of understanding. Don’t get buried in the PowerPoint and remember you have a live audience who wants to get to the right answer, not just people taking notes at a lecture.

What initiatives, if any, does Cooley have to mentor the next generation of female partners/trial lawyers?

We pride ourselves on our training programmes. We also sponsor associates to go to NITA trial workshops and have associates regularly shadow partners. But at the end of the day, the best learning is doing, so we try to get them up on their feet as fast as we can. I always tell the team, ‘be careful what you wish for, cause I’ll give it to you’. Sometimes it takes a little longer to get those opportunities than I’d like, but we are always looking for them.

Are there any secrets to rising up the ranks?

No secret at all for me. It was just plain old-fashioned hard work. I took every opportunity to be on my feet, even if it wasn’t ‘glamorous’. I also made sure I knew the record better so the senior guys on the team needed me. Making yourself invaluable is, in fact, invaluable.

How did you plan your journey from associate to partner and second chair to first chair?

I don’t honestly think I planned it at all, I just worked really hard and always tried to stay as busy as I could for the people who had the great work. And clients like to see you win. So, you win for them, they come back. It’s kind of an awesome feedback loop: do great work, get more work, repeat.

You’ve been at Cooley for the best part of a decade, how has the firm shaped your management style/litigation strategy?

The firm, first and foremost, values and rewards collaboration and teamwork. I tell people all the time that if Cooley lawyers weren’t lawyers they would be entrepreneurs, always creating the next unicorn client. And those people don’t have time to worry about titles or fame, they just get the work done. That is how Cooley is. We are one big team getting the stuff done for our clients. It also fosters a wonderful foxhole mentality of everyone being in it together.

What would you say is the key to balancing a successful team?

Everyone on a successful team has to know that their piece of the puzzle is as important as every other piece. And they have to know that their voice will not only be listened to but be heard. I can’t do my job without everyone’s input. Only together do we come up with the best story. I might start at A, while another team member starts at Z. The best answer is probably at L or M. Without the whole team, we would never have gotten there.

What’s the best piece of advice you’ve been given?

As trite as it may sound, it was to ‘be yourself’. Whether speaking to the client or the court, you can only be you. Whenever you try to emulate someone else, you risk being inauthentic and that is the fastest way to get an audience not to believe you.

What other advice would you give to the next generation interested in becoming litigators?

If you want it, own it, and know that it is a long road. But it is rewarding. People pay us to learn and tell stories. How great is that?!

What is the one thing you would change about litigation?

Other than the billable hours? There has to be a better way to do discovery that isn’t so soul-sucking. Competing on the merits of a case instead of the fringes of discovery serves all of us better than petty bickering over documents.

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Greater than the sum of our parts

Jessica Roland

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

As managing partner of our Guernsey office, one of my proudest moments in the last few years was completing our move from old offices in two buildings to one, single site, bringing all of our people under one roof.

Since early 2018 we have all been in state of the art offices in the heart of St Peter Port, housing all of our almost 150 people, plus a two-floor rotunda area complete with client entertainment suite and learning, development and staff break out areas.

These offices befit our reputation as one of the foremost offshore law firms in the world. They also befit the quality of work that we do and the people we employ. The space we have enables us to work in partnership with our clients to bring them thought leadership and bespoke seminars as well as a convivial place to spend time with them!

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

It's no secret that law firms tend to be more risk averse, but as the world we live in is changing, our clients' needs are changing too. We choose to drive innovation through client-focused service development. This means embracing change, adapting quickly, and thinking and working differently to ensure we maintain a genuine understanding of the challenges and opportunities our clients face.

More than ever, I think it's important to not be tied too closely to the traditional law firm model – to work with fluidity across practice areas and time zones to make sure we deliver the best possible service for our clients, wherever they are based in the world. It's also about finding ways to maintain a competitive edge – for example, in 2018 we became the first and are still the only offshore law firm to achieve the rigorous ISO 27001 information security certification. This gave us a further point of differentiation that helps us to win clients and further expand our market share.

What are the biggest challenges facing offshore firms?

Regional and international geopolitics continues to bring about exceptionally high levels of volatility, complexity, and uncertainty in the trading environment. This poses a challenge for all businesses, including the offshore firms, and makes medium to long term strategic planning more of a challenge, but also more important than ever.

In the offshore world the competition to recruit has never been stronger, with firms in our market competing for the same small pool of people. In this context we aim to be consistently recognised as an employer of choice and to attract and retain top talent. We invest heavily in our employer proposition, taking a market-leading approach to career direction and development, and are committed to the professional growth of all our people; helping them to excel and to reach their full potential.

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

There are certain things that every client expects from a leading firm, like responsiveness, value for money, and sound commercial and technical judgement. Where you can really add value is by going above and beyond, finding what truly makes you stand out and building on that. At Mourant, we do that with connected thinking and by taking a truly global perspective. We act as one firm: bringing our collective insights to each of our clients, wherever they are in the world. This is what clients tell us differentiates us in our market.

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

Yes it is, in a number of ways. Clients can communicate with us via various methods – solutions such as Jabber means our clients can speak to our lawyers at any time regardless of location, with enhanced video conferencing facilities enabling more face-to-face communications. We can easily exchange large volumes of information via our Mourant portal and have recently implemented solutions that enable us to more efficiently on-board clients, reduce the turnaround time in producing client documents and provide accurate regulatory reporting. We are also leveraging our current technology portfolio to provide more bespoke and innovative solutions for our clients.

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

Our all-equity partnership/single profit pool is unique among the major offshore firms, and underpins our global, ‘one firm’ approach and collaborative culture. We also recognise that we are far greater than the sum of our parts. Clients working with us often comment on how our teams will ‘go the extra mile’ for them; this is as a result of our shared ambition for our people, our firm, and our clients. It's a hallmark.

What have you found is the best way to retain talent?

We do everything we can to create an environment that enables our people to excel and grow in their careers, so that they feel fulfilled and enjoy their work. In my opinion it's important to provide a clear career path and a professional learning and development programme, so that everyone understands how they can continue to progress forward and achieve their full potential. As a firm, we believe passionately in having a shared ambition; a strong sense of common purpose, where every member of the global team is clear about our goals and the role they can play in helping to achieve them.

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

Just how much leadership is actually a collective responsibility. A big part of the role of managing partner is to support and enable those around you to perform the best they can. Listening and building trust is more effective and important taking an authoritarian ‘top down’ approach and just telling people what to do and how to act. This means that when everyone around you is in alignment and truly understands the firm's core objectives and how they can help you to achieve them, they start making the right decisions in line with your strategy on their own. You know that the choices they will make are the right ones.

As an employment lawyer, is the collection of human skills necessary for this practice area (perhaps as distinct from being a dealmaker) helpful when managing a law firm?

I think it gives me some advantages as it means we don’t go blithely into matters that can cause employment law issues but whether it is because I am an employment lawyer or because the skills were ones I have had or developed as I have matured as a person who has worked in law offices for 25 years, it's difficult to say! As well as an employment lawyer partner I am also a partner in our litigation practice so the strategic thinking involved with big case management has also been helpful.

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

I still very much enjoy client-facing work and also believe that my role as managing partner has been incredibly helpful in advising my employment clients. I have to walk the walk of running a big complicated business with a large number of employees as well as talk the talk!

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

Not to lose sight of the importance of protecting and nurturing a culture and values – they touch every area of your business and are just as important as your strategy. Your culture and values should have real meaning, acting as a guide for internal behaviours that ultimately help you be the best you can be for your clients.

What are your firm’s policies on diversity and inclusion?

Diversity and inclusion is one of our key business priorities and we recognise the importance of fostering an inclusive environment. Clients care about what you stand for, and they want to work with firms that have firmly established a culture of dignity and respect in the workplace, with a diverse range of people bringing ideas to the table and enhanced decision-making. It’s really important to us to nurture a culture of inclusivity and mutual respect, because this is so vital to enabling and empowering each individual to meet their full potential, as well as ensuring that we can continue to provide our clients with the best possible services and solutions.

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

In a professional capacity: being made managing partner and I hope being a good role model to those I work with. Personally: sustaining a happy marriage and children while maintaining my career.

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Avoid getting rusty

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

Our firm’s culture is client-focused. We are dedicated to providing a seamless service, one that gives our clients a sense of excellence, depth, full expertise, and focus on their industries. We pursue long-term and mutually rewarding relationships with all our clients. Our firm culture is as important as anything we do. Our commitment is consistency in the way we render our services regardless of location. This is what clients expect and our goal is to exceed their expectations.

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

The main change that we have made in the firm has been our industry-sector approach. This means that we picked the most relevant sectors in the industries in which our clients participate. The idea has been to focus and be able to provide first-hand knowledge of what their respective businesses are all about.

Areas such as automotive manufacturing, life sciences, insurance, financial institutions, and energy, among others, are those that we have focused on as a way in which to ensure that our clients receive the full benefit of our track record both from the legal and market-knowledge perspectives. We have become well known in the legal industry for this level of in-depth knowledge and full-service approach.

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

Innovation means that we should be willing and ready to adjust to new circumstances regarding how our clients expect us to deliver value-added services. It means we must think ‘outside of the box’ and improve how we deliver quality results to our clients. Such innovation is not only based on the use of new technology (something we are at the forefront of), but also an understanding that the way business is carried out today has changed significantly in just the last few years. There is no question that law firms which are slow as regards innovation will find it hard to remain competitive in the market.

What are the biggest challenges facing firms in Mexico?

The biggest challenge for firms our size in Mexico is the failure to adjust to the changing world of the digital age. In that sense we are uniquely positioned to stay among the leaders of our practice. As part of a global firm we have immediate access to state-of-the-art technology and tools to benefit all of our clients. Firms that do not have those resources available, particular small and mid-size firms are far more exposed than firms with our capabilities.

Another common risk for local firms is the difficulty of managing an orderly generational transition. Many firms have suffered spin-offs and other departures due to a lack of institutional rules regarding compensation and leadership changes.

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

Timely advice, reasonable pricing, and consistent quality. This means firms must become truly efficient should they wish to secure the required quality, pricing, and consistency. It is a real challenge that requires team work, training, investment in technology, and the overall mastery of a firm culture built around those values. It is not an easy combination but without these elements in place it will become increasingly difficult to compete in the legal market.

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

Technology is most definitely changing the way we interact with our clients. The change is not only accelerating but also irreversible. Who would have thought that we would be contacting our clients and interacting with them not only by phone or email, but also now via social media, video conferencing and even technologies like WhatsApp?

The way we interact and work with clients is changing at light speed. We must use technology or risk becoming obsolete or disposable. Technology is also reshaping the way our clients carry out their business. Unless lawyers understand these trends, it is almost certain that their utilisation levels will drop dramatically. That is a risk we are not willing to incur.

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

Retaining talent requires clear compensation rules, objective career paths and transparent evaluation methods. However, we must understand that working at law firms has changed significantly over the past five-to-ten years. With the invasion of technology, lawyers must be available 24/7. Lawyers can now work remotely in a seamless manner. Creating the infrastructure and tools to allow for flexible and agile working is thus critical. But lawyers also want to achieve work-life balance and firms must understand this to retain the best talent.

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

Being a manager partner is not an easy task. It is important to keep your own legal practice active to avoid the risk of your legal skills getting rusty. However, at the same time, running the administrative side of the business is eye-opening and many things that the firm can do better become visible. One has to understand how to deal with clients on the other side of our business. One has to always be on the lookout as to how procedures can and must be updated to remain on top of the delivery of administrative services. A firm can be very good at providing legal services, but if client contact through billing and other activities is not up to speed, client service can suffer dearly. Everyone within the organisation plays a role in providing excellent client service.

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

I have tried to stay on the front of client-facing work as much as possible. However, it is obvious that time is a scarce resource and administration requires several hours a day. Therefore, you must prioritise the work you perform including when and how meetings outside the office are warranted. But it is also true that delegation of those responsibilities and better interaction with administrative teams will give you the flexibility to cover more territory than if you do everything by yourself. Striking the right balance is not easy but it creates a very rewarding goal in one’s everyday activities. There is no better way to obtain optimal results than through team work.

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

The best piece of advice I would give to the next generation of managing partners is to never stay isolated. One thing I have learned is that you must always be looking for ways to improve. Not a single day passes-by where you don’t learn about additional things that must be taken care of, procedures that require improvement, new government regulations that require action… in general, we need to have an engine in good running order and up to demands of the market in terms of both speed and quality.

One must always seek quality and dedication from the people that work on the teams within your organisation. Leading by example and showing commitment is also a very powerful tool to ensure that the desired end-results can be secured. I can only suggest that in the next few years the way we do business will continue to change driven by technology. That will raise the bar and demand additional commitments from future managing partners. I can see a point in time where only having training will be inadequate for these individuals; they will perhaps require some other skillsets that one did not necessarily acquire at law school. In the future, managing partners will require additional specialised training to run successful practices.

What are your firm’s policies on diversity and inclusion?

We are firm believers in diversity and inclusion as a key part of our success and ability to deliver better services to all of our clients. Our firm is known worldwide for having a comprehensive diversity and inclusion policy. We do not discriminate against any persons regardless of their age, gender, ethnic origin, sexual preference or orientation, religion, life experiences, or any other possible personal feature. But above and beyond that, our firm has endorsed several programmes and initiatives to ensure we reach higher levels of minority representation and inclusion within our ranks.

In our US offices we have become one of the few firms that is Mansfield certified and we are expanding that goal across the rest of the firm. We do not sponsor quotas but rather endorse the ability to have a full meritocracy that is blind on personal differences. We have a firm commitment to this globally and are proud that this is a cornerstone of our culture, just as we are regarding other significant commitments such as pro bono and community work.

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The collaborative approach

Sadiq Jafar

How are client demands in the UAE changing?

The UAE is a relatively young jurisdiction and, to support domestic growth, there is parallel development of laws and regulations, courts, arbitration centres and other soft infrastructure. This, together with the emergence of financial free zones, contributes to changing client demand patterns. The introduction of new legislation also creates new work streams.

Meanwhile, in line with global trends, fee pricing is competitive. Many clients face cost pressure and some endeavour to transfer this down the supply chain to professional service providers and other suppliers. Government and quasi-government spending represents a higher proportion of overall legal spend in Abu Dhabi as compared to Dubai. The lower oil price (in relative terms) is also unhelpful to clients operating directly or indirectly in that space. There is also increased demand in more specialised practice areas such as regulatory; technology, media, and telecommunications; sports and entertainment; health; education; transportation; financial crime; tax; and private wealth.

How are you adapting to these changes?

We work closely with our clients to maintain strong and long-term relationships. We ensure that we provide quality legal advice to reflect client demand. To do this, we must continue to attract and retain talented lawyers with deep knowledge of the laws and practices of this jurisdiction.

How do you set yourself apart from the competition in the UAE?

Our 100 lawyers in Abu Dhabi and Dubai provide depth of knowledge and scale. We also continue to perform a ‘trusted adviser’ role to a range of federal and local governmental authorities. Maintaining close relationships with governmental authorities and high-profile organisations gives us unique insight into the development of laws, regulations and practices.

We understand the laws, traditions, opportunities, and challenges of our region. Our lawyers come from a diverse range of Western and Middle Eastern backgrounds. Our market leading team of advocates has full rights of audience in all UAE courts and tribunals. As a result of the quality and diversity of our lawyers, we are often selected to advise on the most pioneering, complex, and strategic projects and transactions in the UAE.

As a full-service business law firm, we offer permanence and longevity. In addition to our strong corporate relationships, we are a go-to independent law firm for many international law firms (including those with a presence in the UAE) to provide services that may complement their own offerings. This collaborative approach results in our engagement in some of the largest transactions and disputes in the region.

Where are you seeing growth from domestic clients and those outside who are looking to invest in the UAE?

There is growth in various business sectors, such as transportation, media, technology, manufacturing, health, education, and leisure.

The new Foreign Direct Investment Law may lead to an increase in foreign investment together with restructuring of existing investments.

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Jan Hofkens: What doesn’t kill you makes you stronger

Jan Hofkens

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

In a law firm, it is all about teamwork and people. You can only deliver high quality services to your clients when you have a strong team of experienced and talented lawyers around you. I am very proud of the team of 17 employment lawyers that we have created over the years, which is known for its hard and high quality work, but where we also have a lot of fun. This team allows us to tackle the most complex employment issues and handle very demanding projects within tight timeframes. I consider this as one of the greatest achievements in my career.

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

We consider ourselves as business partners to our clients. We are not only there to give the correct legal input (this is the Olympic minimum), but we go the extra mile and always try to translate the complex legal framework into practical and useful solutions. We take into account the client’s specific needs, the company culture, the industrial relations and the client’s business goals. Straight and to-the-point advice is the hallmark of Lydian, and we try to prove this every day. I am often more a sounding board for my clients, discussing the tactical approach in a file and the way forward. We invest a lot in long-term relationships with clients, which always allows us to put the client’s questions in a broader perspective.

Moreover, we consider employment law not as a niche on its own, but embedded in the broader legal landscape. There are always connections with other areas, such as corporate law, commercial contracts, criminal law, etc. Being part of a full service law firm allows our team of employment lawyers to include these aspects in the advice to our clients, which ultimately results in better and more complete advice.

What advice would you give to your younger self?

What doesn’t kill you makes you stronger. The legal profession is challenging and not always easy, but you can learn fast if you are open to new challenges. As employment lawyers, you are dealing with one of the most (if not the most) important assets of a company, and involved in the core business of the client. It allows you to get involved in various types of companies in different industries, which broadens your experience and views. Be open for these experiences, and, last but not least, enjoy!

Can you provide a practical example of how you helped a client add value to their business?

Good social relations are crucial for a company to deliver better business results. I dare to say that we contribute to these social relations in our daily advisory, especially when we are involved in difficult restructuring projects. Getting the project done within a tight timeframe, at the budgeted cost and without (too much) industrial nuisance, is of great value to our clients.

For some international clients, we set up a customized alliance of law firms to service their international needs in various countries. This is always done with the help of our good friends, and our strong relations with law firms in other countries which are crucial to make this a success. We have developed IT tools and platforms to facilitate such alliances, which streamlines the work for the client, making our services more transparent and contributes to knowledge sharing and quality improvement. Ultimately this results in more efficiency and lower legal spend. Being able to propose and implement such an approach to international needs, strengthens the long-term relationship with the client, and results in better performance of legal services.

What will be the biggest challenge for your clients over the next 12 months?

The war for talent is back: there is a shortage on the labour market, especially for a large number of so-called bottleneck positions. This is a growing challenge for many employers, and will inevitably have an impact on recruitment and the way employers deal with their workforce. It triggers issues such as hiring employees from other countries to get the job done, investing in life-long training and education, wellbeing at the workplace, diversity in the workforce, new forms of employment beyond the traditional borders of employer subordination, etc.

New concepts will have to be developed to structure the more flexible employment relations for a younger generation with different expectations, approach, attitude and work ethics. We help our clients to think out of the box and design the workforce of the future.