Moving faster in the right direction

In 2019 we are celebrating the 100th anniversary both of women obtaining the right to vote and women being admitted to the Bar. A great deal has happened in those 100 years for women involved in Bar activities. While there is undoubtedly still much to be done, equally there is a great deal of which the Bar and the legal profession can justifiably be proud.

The very fact that, in 2019, both The Legal 500 Awards for practice management (Chief Executive/Senior Clerk and Clerk of the Year) have been given to women speaks for itself. We would both like to take this opportunity to thank all the many people who have helped us both on the path to being appointed to our current roles in chambers and obtaining these prestigious awards. We both work (and indeed have worked) with some very inspirational people – both men and women – without whom neither of us would be where we are today. It is people like this who give us hope that equality for women in the legal world (and indeed diversity within the legal professional generally) is being given sufficient priority.

The administrative side of chambers has long been a male stronghold but one glance around most chambers today reveals that this is no longer the case.

There is still some way to go but great strides have been taken, assisted greatly by more openness in recruitment advertising and practices. Management jobs in chambers are very rewarding and we need to continue to reach out to women and encourage them to consider such roles.

One way of doing this is to emphasise the work that has been done by the Bar in making it possible for those with families to continue working at the Bar – both as barristers and staff members. Working practices have changed dramatically in the last ten years, let alone 100, with many chambers adopting progressive parental leave policies and the Bar Council imposing minimum standards in this regard. As a result, increasing numbers of women are returning both as barristers and in management roles.

Part-time work, flexible work, working from home, an increasing emphasis on the ability to operate remote working practices and greater sensitivity within chambers make it much easier these days for women to come back, both as barristers and staff members. The main challenge we see going forward is persuading women barristers in particular that they are able to have a family and a very successful practice – and men that taking parental leave will not adversely affect their practices.

Groups aimed at promoting women are also a useful means of affecting change, getting our voices heard and providing useful networking opportunities. In an ideal world, we would all rather that there was no need for women-centred groups and that everyone advanced on individual merit. However, equally we accept that, at the moment, such groups are necessary so as to speed up the pace at which women are on a level playing field with men. The legal profession has, in common with many other sectors, seen a proliferation of such organisations both internally at the Bar and in the market generally.

For example, Jackie is on the committee of COCo (Clerks in Open Conversation) which is an Institute of Barristers’ Clerks organisation aimed at women and also other groups who may feel under-represented at the Bar/in chambers. Launched in July 2018, the intention is to open dialogue on key issues affecting diversity at the Bar (as well as other issues) in a safe and informed environment.

There are also women’s groups within the legal profession working hard to gain equality and encourage others to consider both careers within the legal world as well as specialisation in particular areas of legal expertise. Women in Construction & Engineering is one such group. Amanda is a judge of its annual awards which celebrate (among many other categories) the best women lawyers operating in this field. Judging by the quality of last year’s entrants, there is an enormous reservoir of female talent which the awards highlight thereby encouraging women to enter what traditionally has been a male bastion.

Mentoring schemes have also proved useful in encouraging women to enter and then to stay at the Bar. The Chancery Bar and the Institute of Barristers’ Clerks mentoring scheme are good examples of this.

The Inns of Court have also worked hard to tackle these issues. One event in particular, the Temple Women’s Forum Garden Party, has been a particularly inspiring and successful cross-profession networking event which attracts self-employed and employed barristers, solicitors, judges and legal academics as well as those working in support roles.

Ensuring that the Bar continues to look to encourage women also chimes with our clients’ expectations and, increasingly, requirements. It therefore makes commercial sense to be in the vanguard of promoting equality. Clients now routinely ask us to evidence our credentials on diversity issues – for example, requiring that seminars in which we are involved include women speakers. Signing up to initiatives such as Equal Representation in Arbitration helps promote the cause and is also looked at favourably by clients.

We are not trying to claim that the Bar or the market has got it completely right yet, but at the same time we do need to recognise and applaud progress alongside ensuring that the steps taken to give women equality continue to progress.

We believe things are heading in the right direction. Hopefully our The Legal 500 Awards will encourage even faster progress.

Women lawyers making a difference

What makes an outstanding achievement winner in The Legal 500’s eyes? Broadly speaking, the answer is going to differ markedly depending on the individual.

This year however, our seven outstanding achievement winners were united by one very obvious factor – their gender.

To mark 100 years since women were given the right to practise law in England and Wales we decided to play our own part in celebrating their efforts by awarding all of our outstanding achievement prizes to women.

While their current roles are very different, all seven of our prizewinners started their career in private practice, with most still working within law firms. All are highly regarded for the work they do in the industry – whether that’s in legal practice, management, or their efforts to transform access to the profession for women or access to justice.

Despite a host of initiatives from firms in recent years, there is no question that they are still losing too much female talent; with gender equality becoming harder to achieve the further up the seniority ranks you go.

But while their names may not currently be appearing evenly alongside their male counterparts in The Legal 500 rankings, there are already many female lawyers serving as positive role models to inspire future generations of women in law.

Those we selected for this year’s awards by no way form a definitive list and nor are they all at the end of their careers – rather our decision to recognise them reflects a wide range of ways in which women are already making a difference to the profession.

We hope that by highlighting them and sharing their stories we can play our own part in helping to gradually redress gender inequality. For this reason we will be publishing a series of interviews with our winners over the coming months in fivehundred.

The short version for why we selected our winners though – in no particular order – is as follows:

Clive Howard

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

Professionally – I think helping grow an employment team which has been top ranked for many years. It’s a great team which helps explain why I have been here for more than 25 years. Personally – has to be having 2 daughters who are now adults and reasonably adjusted and interested in the world.

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

As a team, we are only focused on the individual. We do not act for employers. We avoid conflicts and split allegiances. We can work solely in the individual’s interest.

What advice would you give to your younger self?

Yes it is worth going down the route of employment law but be prepared for some very difficult clients indeed – try not to take any ‘difficulty’ personally.

Can you give me a practical example of how you helped a client add value to the business?

Not sure this applies to acting for individuals in employment cases. We secure settlements and wins for clients so in a sense we are adding value to them each and everyday.

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

Has to be Brexit and where we will be left in respect of employment law protection once this mess is ever sorted.

Joseph E Neuhaus

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

Among many cases I have handled or been a part of over 30 years, the one I am proudest of is probably representing the Central Bank of Argentina in resisting attempts by creditors of the Republic of Argentina to hold the bank liable for the defaulted debt of the Republic and attach the bank’s assets at the New York Federal Reserve Bank. I made three trips to the Second Circuit Court of Appeals, and was successful in each one, and those cases established important precedents in the law of central bank immunity and alter ego law. And the subject matter – central banking and sovereign immunity – was inherently interesting. Personally, I am proud to have two sons in their mid-20’s gainfully employed in their chosen fields. That’s not my achievement, but merely reflected glory..

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

I think I am unusually good at designing a strategy and procedure that fits the case. Within broad limits, arbitration is inherently flexible, but many lawyers and arbitrators tend to have a preferred approach that they reflexively apply to every case. Very often there is something – an information imbalance, a particular business relationship, a legal doctrine, even a particular witness or witnesses – that requires something different or unusual. It takes work to persuade the interested stakeholders to depart from their preconceptions and find a path that responds to the particular needs of the case and the parties. I think I’m good at that.

What advice would you give to your younger self?

If you can at a relatively early age identify something you really want to be in 20 years and stay focused on that, it is amazing how often you can achieve your goal, or something close to it. It is fine if you don’t find such a goal – law practice offers lots of opportunities over a career – and you have to be realistic (we can’t all be Supreme Court Justices), but I am surprised how often focused people have achieved things that seemed out of reach. I suppose I had two goals: a really interesting, cross-border litigation practice with all kinds of off-beat cases, and/or a federal judge. I’m batting .500.

Can you give me a practical example of how you helped a client add value to the business?

Winning is wonderful, but I think I have made my greatest business contributions in finding settlements in cases involving business partners or adversaries that have allowed our client to get past immensely important disputes to focus on its business. At times, this has gone well beyond convincing the adversary – through coercion or otherwise – to be reasonable, and required navigating a client’s own sometimes conflicting goals and interests.

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

My clients are too varied and widespread to face any single challenge. But a significant part of my field – commercial arbitration, in particular – is threatened by dissatisfaction with consumer and employment arbitration on the one hand and with investor-state arbitration on the other. The attacks on both counts tend to be overblown, but a serious challenge over the next year, and decade, will be both differentiating commercial arbitration from other forms of arbitration and adapting as necessary to the sources of dissatisfaction.

Paul Pohl

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

Professional:

Getting an injunction for religious objectors against the Affordable Care Act’s contraception mandate in Zubik v. Burwell;

Becoming the Head of Jones Day’s Business and Tort Litigation Group.

Personal (Excluding family happiness – wife, kids, grandkids)

Being honored by The U.S. Marine Corps at a Sunset Parade in Washington, DC;

Honorary Doctorate from The Franciscan University of Steubenville;

Chairman of the 2007 U.S. Open Golf Championship;

Having a lot of friends, especially my classmates from Princeton’s Class of 1970.

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

Always remembering that we lawyers are basically in a client service business. Clients have choices. There are plenty of great lawyers out there they could turn to, so I not only have to get great results for them but be responsive to clients demands and deliver great work at a fair price. And always, prove that I am trustworthy and never arrogant.

What advice would you give to your younger self?

Make more time to work out. Stay in better shape. Litigation and long trials are stressful and the hours are physically demanding.

Can you give me a practical example of how you helped a client add value to the business?

Prefer not to comment – attorney client privilege concerns.

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

Cyber and public nuisance cases.

Robert W Zelnick

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

I was first-chair trial counsel for a major boat manufacturer, which was sued under a then-new federal law that protected ornamental boat designs. This was the first federal court case to consider the new law, and the case included additional trade dress and related claims. After a two-week trial, my client was completely vindicated, and as the successful defendant was also awarded its attorneys’ fees. The plaintiff appealed, and I briefed and argued the appeal, after which my client’s trial court victory was affirmed and my client was awarded its fees on appeal.

On a more personal level, I have served as a pro bono lawyer for the Children’s Law Center in Washington, D.C. It has been extremely gratifying to represent adoptive parents in the adoption proceedings, and to follow the progress of some of those children over time. One child in particular overcame substantial physical complications and setbacks to thrive under her adoptive parent’s care.

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

Clients often remark that I combine tenacity with practicality. I am a zealous advocate for my clients, but I also believe in the expression that one often attracts more flies with honey than with vinegar. In formulating advice, I put myself in the shoes of my opponent and really “play out” the anticipated next steps to see where a matter is likely to lead. Also, I never forget that judges and juries are human beings, with an innate sense of justice and fairness, and so the “big picture” is important to my advocacy and decision-making. And finally, after decades of practice, I understand the role of legal advice in a client’s decision-making process, and I can distill advice on complicated legal issues into a form that is understandable and useful for the business’s decision-makers.

What advice would you give to your younger self?

Paint with a wide brush, and explore lots of things that interest you. You never know where those avenues might lead.

Can you give me a practical example of how you helped a client add value to the business?

This is tough to answer, for confidentiality reasons. In broad terms, I am always on the lookout for co-branding, licensing, joint venture, brand extension and other opportunities to leverage successful trademarks. I am happy to pass along those ideas to my clients, as appropriate, in an effort to help unlock additional potential for a brand.

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

When I began my practice more than 20 years ago, I was worried that clients would “run out” of available new trademarks. Fortunately, that hasn’t happened (yet!) More seriously, it is unclear whether leading countries of the world are heading more toward or away from globalization. Whether due to “Brexit,” changing trade agreements or otherwise, there is significant uncertainty about these developments and their effects on multi-national trademark ownership.

William Perkins

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

Receiving a Cornerstone award for pro bono legal representation of a not for profit organization that provides employment, education, health, legal, social, business development and youth services in Flatbush, Brooklyn.

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

Because I have held responsible non-law, business positions prior to law school, in addition to working as an in-house lawyer, I fully understand what an HR executive or in-house lawyer is looking for when reaching out to outside counsel with a question. As a result, I provide easy to implement, practical legal and employee relations advice to clients.

What advice would you give to your younger self?

Spend more time with your family.

Can you give me a practical example of how you helped a client add value to the business?

Working with an industrial psychologist, we designed a hiring process that eliminated the high standard deviation issues with respect to race and sex, which diminished potential OFCCP/EEOC issues and helped the client select candidates that reduced the significant turnover problem if historically faced.

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

Conflicting state, city and federal laws and regulations, which prevents nationwide clients from maintaining or implementing nationwide standardized policies and practices.

Yasmine Tarasewicz

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

Having trained a new generation of lawyers who have impressive legal skills but are also business-minded, client-oriented and conscious of their social responsibilities.

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

Thanks to our international mindset, my team focuses first on the client’s interests and business goals, in addition to the French law issues. We deliver strategic advice taking this fundamental approach.

What advice would you give to your younger self?

Be fair and be yourself.

Can you give me a practical example of how you helped a client add value to the business?

On many occasions our team has helped companies navigate serious crises, giving them advice on legal and business aspects. Our capacity to step back and analyse the events, in addition to being highly responsive, has been very much appreciated by our cleints.

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

In France, the big challenge will be to take advantage of the new Macron rulings and of the multiple previous legal reforms. Globally speaking, the emerging artificial intelligence in human resources will revolutionise our habits more quickly than we think. Firms and lawyers will have to adjust to this new world.

Why I became a lawyer? Curiosity and youthful rebellion

Tell us about yourself and your practice?

I have always been practicing in tax in two main areas: tax transactions and wealth management.

Over the last 20 years, I have had management roles in the firm, both locally as managing partner of the Barcelona office, and regionally and globally within my specialty, taxation.

In addition, I was a member of the firm’s financial committee, which allowed me to gain a global vision of the firm’s strategy as well as the financial control necessary.

All these positions have allowed me to be open-minded about new opportunities and solutions, and be even more pragmatic today.

What inspired you to become a lawyer?

It was a mixture of curiosity and youthful rebellion. I have a very large family, in which nobody had been related to the world of law until now, and being the first lawyer gave me great satisfaction. At the same time I focused my career on tax and corporate areas because they were closer to my family environment.

Tell us a bit about your new appointment, what it entails and why you decided to go into a global management role.

Prior to my appointment, I had held global roles at Baker McKenzie. However, becoming a member of the executive committee is undoubtedly the most satisfying experience that someone like me can aspire to, because I especially appreciate the possibility of facing new challenges and ongoing learning.

This role involves constantly listening to, and thinking about, the new ideas that arise in every corner of the firm while promoting our ambitious global strategy that we have set for 2020. The members of the executive committee have covered more than 600,000km during their terms, the equivalent of 15 round-the-world trips, which gives an idea of their commitment to involving the professionals in our 77 offices in the strategy. Moreover, performing this role is doubly satisfying at a time when change is happening at a relentless pace.

What do you see as the biggest challenge global firms will be facing in the next decade?

I believe that large firms will struggle to become true partners of clients in making strategic decisions that affect the very core of their business. In this challenge of being truly business-oriented, technology will play a key role because it will allow us to focus on added value: the client’s strategy.

How can law firms best encourage innovation?

Let me answer that through our approach. We have a global innovation program which is there to address changing client needs, new industry dynamics and the broader role of digitisation across the economy. Put simply, that means seeing business challenges through a client lens and helping clients anticipate what’s next.

Our use of alternative legal services in Belfast, our e-discovery platforms and our use of legal project management are already bringing in more than $50m in annual revenue to better serve our clients. Last year we also appointed a global chief services officer to oversee how we ‘operationalise’ innovation.

What is your one major prediction for the legal market?

We are living through times of change and disruption. Corporations and law firms must be agile, adaptable and very close to their businesses and industries. The successful firms will truly become one team that operates at a global scale. In this scenario I anticipate that there will be fewer global firms after some significant market consolidation.

‘Collegiality’ is often spoken about in association with Baker McKenzie – what does this mean to you?

We were a global firm before the internet existed. Think about what that must have required for a few moments. The respect, the trust, the vision and the friendship between colleagues across borders that was needed to build a global firm and endures here now. That’s what collegiality at Baker McKenzie means to me.

The firm publishes its diversity statistics and makes them publicly available, are you happy with them? If not, how do you intend to improve them?

I am happy with the progress we have
made and acknowledge we must go further. In terms of gender, this year, 40% of our newly-promoted partners were women – a market-leading number for any large law firm.

Women accounted for more than half our new hires across all lawyer roles. But we need to sustain this over a period of years to entrench diversity, while making further efforts in ethnicity and social mobility. We embrace diversity in all its forms and concepts in small offices and large ones.

Will the future bring new roles in law firms that we have yet to see?

Ten years ago, the creation of different roles such as the legal project managers already meant a disruption in the legal sector and this has led to improvements in efficiency and predictability of new scenarios. Our innovation committee considers that new roles such as data analysts, data visualisers or knowledge specialists will be needed sooner rather than later to continue that path of efficiency.

What challenges does the next generation of lawyers bring to the firm?

New lawyers challenge us to adapt to their new way of thinking, which in turn is the new way of thinking of a new generation of entrepreneurs and leaders. Retaining and motivating this new talent will require a great deal of leadership and creativity, as well as taking a clear stand on our values and impact on society.

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

  • See the world through clients’ eyes to anticipate their needs and possible solutions;
  • Total business orientation to be a partner that provides real added value; and
  • Turn challenges into solutions, simplifying the strategies as much as possible, so that clients can find the assurances they need in their lawyers.

‘There is corruption at all levels’

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

Our firm’s culture is based on team work. We work together towards the same goals and objectives. The foundation of our work is based on strong values and principles that guide us to always be client centric and work towards protecting their interests. We honour our word and commitments. The culture we have built over almost 40 years, not only internally with all collaborators, but externally with clients, suppliers, and counsels is fundamental to me.

Since becoming managing partner, what changes have you made that directly benefit clients?

I cannot sum up all the major changes our firm has been through in only one year. Since becoming managing partner, as a team, we have achieved our integration with CMS, one of the top ten international law firms. We have strengthened the different areas of practice which provide a solid service portfolio to clients of all types, thus becoming a ‘one stop’ multinational law firm. We have promoted and hired five new partners. We have also increased and strengthened our access to the state-of-the-art technology.

What are the biggest challenges facing firms in the Colombian market?

The economy has been weak in the last couple of years, the judicial system is unpredictable, and, in general, the environment is stained with very complex cases of corruption at all levels, both public and private. Even though all these challenges affect the Colombian climate, we are positive and do all in our power to provide solutions to our clients’ needs that foresee future and present risks. With regard to our own challenges we are moving to a new office and are continuing with our growth path in terms of partners, lawyers, and clients.

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

Practical and quality legal support, efficiency, and fair costs. The combination of these three elements are what drives clients when deciding which law firm to choose for the management of theirs interests.

Is technology changing how you interact with clients and the services you provide them?

Our integration with CMS, has opened our eyes to a new world of technologies in the legal market. CMS is a pioneer in innovation of new technologies to provide clients with the legal advice they are looking for. We use tools such as e-guides, online publications, Law-Now for online legal updates, the intranet used for international connection and tools, WebEx for conferences, among many more.

What have you found are the best ways to keep your best people, while also attracting new talent?

We have found that our best practices to keep our best people are having a clear career plan where people know what they need to achieve to grow within our firm. Also, we enrich our people’s interests by empowering them in their roles, and by letting them, under our supervision, assume responsibilities to achieve great projects.

Furthermore, we create activities to motivate people and develop their sense of belonging. We also offer them other initiatives such as education, training, and secondments abroad with other CMS jurisdictions. We believe all of this creates a healthy working environment that attracts new talent.

How is the firm promoting greater diversity within the legal profession?

Our firm has never made decisions, regarding people, based on their gender, sex, religion, or political orientations. We not only try to hire the people with the best talent, but also, and most importantly, the best human beings. We have a clear diversity within our firm as of today: we have two female partners and have flexible schedules to help parents take care of their children. We have lawyers from various universities, different cities, and countries, among others. In my opinion, diversity helps the firm increase creativity and innovation.

What has surprised you most about running a firm?

Running a law firm is a very complex business, where you must deal with and align a lot of bright people and their interests to make things work and flow in the optimal direction.