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Peter Clucas: When running a firm, expect the unexpected

How would you define Cains’ culture and how important is that culture to you?

Although Cains is one of the longest established law firms on the Isle of Man, we are a modern and progressive firm and our culture, which I believe is unique and sets us apart from other Isle of Man law firms, is one of our key defining features. We pride ourselves on having an informal, yet highly collaborative, open-door culture in which every member of staff, from business support right through to our directors, has a voice and is able to make a valuable contribution to the business and strategy of our firm.

What’s the biggest change or innovation you’ve made in the firm of late that will benefit clients?

Cains is currently in growth mode and we have recently made a number of strategic hires all of which are complementing and enhancing our service offering. We have also recently re-entered the TCSP sector with the launch of our new fiduciary business, Cains Corporate Services Limited, which enables us to provide both our international and local clients with a ‘one-stop shop’ for integrated legal, regulatory and fiduciary services.

Are there any particular challenges or opportunities to running a law firm in a smaller community?

Recruiting new talent can be a challenge, given the relatively small pool of lawyers on the island. However, the offer of high-quality, varied, and challenging work, combined with an active and balanced lifestyle, can be an attractive proposition. Smaller communities such as the Isle of Man can, however, provide many opportunities to build closer relationships and partnerships with both our clients and industry stakeholders. As a leading Isle of Man law firm, we seek to make a meaningful contribution to policy and legislative developments in the jurisdiction and regularly participate in public private sector initiatives with the aim of benefiting both our clients and the wider Isle of Man economy.

“Our aim is to be an employer of choice, attracting and retaining the most talented people to provide clients with the best service”

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

Our aim is to be an employer of choice, attracting and retaining the most talented people in order to provide our clients with the best service. Diversity and inclusion are, therefore, key priorities for the firm. The health and wellbeing of our staff is also key to our success and we offer our staff a varied programme of wellbeing events throughout the year.

What are the biggest challenges facing you in the Isle of Man, as distinct from in other Crown Dependencies and British Overseas Territories?

By all accounts, other than the macro-economic situation the whole world is facing, there are no distinct challenges faced by the Isle of Man which are materially different to those being faced by the other Crown Dependencies. However, the Isle of Man’s focus on a diversified economy over 12 or more key sectors is seen as a significant factor in our continued growth and is reflected across our diverse client base, both in terms of industry sectors and geographical spread.

What key market trends in the Isle of Man should lawyers from other jurisdictions be made aware of?

In common with many other jurisdictions, we live in times of an ever-changing regulatory landscape which continues to evolve at a rapid pace. This has created a challenging and sometimes complex environment for businesses across all regulated sectors. As a result, I am of the view that we will see a significant increase in regulatory and compliance advisory and enforcement instructions, in the coming years. On the back of recent strategic hires, Cains now has a multi-disciplinary team of regulatory specialists who regularly advise our clients on the full spectrum of regulatory and compliance matters relevant to businesses operating in or from the Isle of Man.

What are the top things most clients want and why? Have these changed over time?

Our clients ultimately look to us to provide commercially focused and technically correct legal advice that is tailored to their legal and commercial needs. That is why we always endeavour to develop an in-depth understanding of our clients’ businesses so that we can add real value as a trusted business partner. We also frequently act in conjunction with international law firms on cross-jurisdictional matters and are accustomed to providing a responsive service that meets the often fast paced and demanding expectations of our international clients.

By the jurisdiction’s nature, you will of course be sourcing many clients from outside the Isle of Man. Have recent geopolitical events made you look to fresh parts of the world?

Our clients, who are spread across the globe, use the Isle of Man due to its political stability, strong economy, and well-regulated business environment. We do, of course, have a significant number of clients in the UK and other EU countries and the impact of Brexit, if it happens, is difficult to predict. However, I remain optimistic that whatever happens, Cains is well positioned to react to our clients’ needs and the Isle of Man is well positioned to take advantage of any new opportunities that may present themselves.

As a firm, you have undergone a rebrand of late. What are the key opportunities you see in this?

Yes, it’s an exciting time. Rebranding was important, not only to reflect the ethos and values of the firm in a more modern way, but also to showcase the talent and vitality of all those working in our business. I feel that the new brand image (our new website launched in early December) better reflects who we are, what it means to work for Cains and emphasises our wide-ranging and skilled service offering. The rebranding has undoubtedly given the firm a sense of renewed energy and purpose.

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

The Isle of Man may not be the most obvious location for a lawyer considering a move offshore. There are, indeed, sunnier locations! However, with its stunning countryside, extensive leisure opportunities, good schools, and excellent transport links, the island is a unique and wonderful place to live and work.

Our lawyers, who are our best ambassadors (and recruitment agents!), many of whom have worked in the City or other international financial centres, are able to enjoy challenging and interesting work while benefitting from all that the island has to offer. We find that recruitment ‘by word of mouth’ is usually the most successful way to recruit. However, we also work with international recruitment agents when necessary.

In terms of retaining talent, all I can say is that we are never complacent and are always striving to ensure that our lawyers are engaged, feel valued, and well supported and are afforded genuine opportunities for career progression.

What’s surprised you most about running a law firm?

I have been a partner with the firm for more than 20 years and worked closely with the previous heads of the firm. Taking on the role of managing director has not particularly changed my perspective of the challenges of running a law firm. That said the old adage to expect the unexpected still has the ability to throw up the odd surprise! We now have a relatively flat management structure where management responsibilities are shared between the firm’s directors. I am, therefore, able to maintain my litigation practice and oversee the firm’s litigation practice.

What advice would you give to the next generation of partners and law firm leaders?

Good communication, including listening, is very important. In my experience good decisions are often not recognised as such due to poor understanding of why they are being made. Good communication is perhaps one of the most important skills to demonstrate when trying to bring the firm’s stakeholders with you. It is equally important to have regular and honest communication with clients. They will let you know what they want and, more importantly, often tell you what could be done differently to improve your service offering.

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Staying ahead of the curve in the Gulf

The Middle East business world moves into the 2020s with a number of tantalising possibilities as to how it will develop. Saudi Arabia has already set its stall out as a potentially disruptive force to the status quo, with a number of major economic and infrastructure projects planned – the vast King Abdullah Economic City project is an excellent example of this – which could see talent in the region moving across borders in the future, and the region’s geopolitical volatility, richness of natural resources and monetary wealth and rapidly diversifying economies add further uncertainty to future development.

So much for the big picture, but how do Middle East-based in-house lawyers ‘at the coalface’ see the future panning out, and what can law firms do to ensure they are effectively catering to these needs? While travelling to Dubai for The Legal 500 GC Powerlist: Middle East 2019 launch event I sat down with a number of locally based senior in-house counsel to talk about business in the Gulf.

Regulation

Unsurprisingly, regulation and its effects featured heavily in our discussions. When it comes to new business requirements and legislation, staying ahead of the curve is a key consideration for any responsible Gulf GC, as new requirements can come into practice rapidly.

For Dubai-based Citi’s Fauzia Kehar, seeking advice from a diverse set of firms, rather than a few preferred ones, has proved extremely successful. As well as keeping costs low and the quality of advice high, it has had the more subtle benefit of acting as an early warning system for new regulations that may affect the company’s bottom line in indirect ways.

‘There are a lot of regulatory actors, and the UAE has recently seen a lot of different rules come online – it pays to have someone with a fresh pair of eyes and with their finger on the pulse of the regulator,’ she says. ‘This is another advantage of the diversification of law firms that we instruct. You can get feedback not only on major regulation but also more subtle ones that can affect you in a lesser way. This can be very, very useful.’

There was, however, agreement that changes are necessary in certain areas. Filippo Cossalter, legal director for Johnson & Johnson’s emerging markets pharmaceutical group based in Dubai, speaks of how a lack of mature and robust regulatory structures have affected his company’s operations negatively: ‘If there is no IP protection, there is no possibility for us to compete in the R&D field. Some measures put in place to protect local economies, while having an admirable aim, can create more issues in the industry over the long term.’

Diversity and inclusion

Aside from the technical world of regulatory compliance, there is something of a personnel revolution underway in the Gulf. Fadia Mubarak of GARMCO in Bahrain spoke about diversity and, while accepting that the stereotype of the male-centric Gulf workplace had some truth to it in the past, she reported that great strides have been made towards inclusivity.

‘We can see that things are changing a lot when it comes to representation of women in senior roles across the Gulf,’ says Mubarak. ‘Bahrain is a good example of this, as you can see female leaders at the top levels of a number of important companies.’

”I try to understand what’s going on to understand the potential implications to our business. This is one area that we like our external counsel to be extremely proactive in helping me to fill gaps in my knowledge” Filippo Cossalter, legal director, Johnson & Johnson

But how to retain the impetus of this movement? In Mubarak’s opinion, this is best achieved by adopting a two-pronged approach. ‘First of all – and perhaps this goes without saying – the female lawyers themselves will have to work hard. They must improve themselves and their capabilities and take any opportunity to show their case. We must also make business leaders aware of the challenge to change the mindset of limiting female participation in the workforce.’

INDEVCO Group general counsel Roger Tanios has taken matters into his own hands to create an inclusive environment for employees above and beyond what is required by law. ‘In Lebanon we are not obliged to make time for maternity leave, but in our company we have made allowances to go beyond this, and have also introduced flexible hours and have ensured a zero-tolerance policy on any sort of harassment. This gives security for the people within the business.’

Moving beyond where the legislation currently is in this regard could be an excellent way for companies in the Middle East to provide added compensation to employees beyond purely salary and other material benefits.

Attracting and retaining talent

This liberalisation of work flexibility may prove a boon to staff retention at Gulf workplaces, but what is the more general prognosis for attracting and retaining legal talent in the region? Santiago Lucero has been with Alghanim Industries of Kuwait for over a decade, earning a wealth of hiring experience in the process.

In his view, the legal department’s success in recruiting and retaining top legal candidates ‘stems from a very conscious effort to create a compelling value proposition, emphasising the company’s longstanding focus on putting people at the heart of everything it does’. Lucero continues by observing that ‘in-house practice can be a galvanising career choice and every bit as enriching as more familiar routes. As the needs of corporations continue to evolve, there remain countless opportunities for in-house lawyers of all backgrounds in the Middle East. The region offers a richness that is simply unmatched’.

Geopolitics

Our discussions also addressed the Middle East’s geopolitical volatility, and how in-house counsel in the region try to plan for the unforeseeable. Johnson & Johnson’s Cossalter, who supports the group’s external affairs agenda, explained that he ‘does not try to predict the future. With that said, I try to understand what’s going on to understand the potential implications to our business. This is one area that we like our external counsel to be extremely proactive in helping me to fill gaps in my knowledge.’ With that said, other interviewees stated that they feel the focus on geopolitical issues can be overblown and is heavily country-specific. There is perhaps a tendency from those outside the region to group Middle East countries together which in reality do not have much in common in this area.

Conclusion

The Middle East legal business scene looks well set to enter the next stage in its evolution; a majority of the in-house counsel I spoke to expect the business environment they are operating in to change markedly in medium term.

Law firms in the region have a fantastic opportunity to help in-house counsel in the Gulf through this uncertain but exciting transitional period. To do so, it is key for them to pay close attention to the signals which are coming from corporate counsel in order to provide services that pre-empt their requirements in the Gulf’s rapidly changing markets.

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The future of Arab law: The Arab Lawyers Forum 2020 – London

As founder and senior partner at Al Tamimi & Company, the largest law firm in the Middle East, Essam Al Tamimi had played a prominent role in the Arabic-speaking legal scene for the past three decades. In 2016, he turned his attention to the lack of opportunities for younger lawyers emerging from the Arab League Member States by launching the Arab Lawyers Forum (ALF).

Since the first event, held in Morocco, the forum has doubled in size, with around 200 lawyers attending from the Arab League States and internationally. In 2020, the ALF will arrive in London, bring an even greater number of legal and business leaders together to discuss the challenges and opportunities facing the Arabic-speaking world.

Ahead of the ALF’s London debut, we speak to Essam Al Tamimi about why he’s leading the initiative to develop the next generation of lawyers in the Arabic-speaking world, and the future legal and business challenges they will face.

What are some of the challenges faced by up-and-coming lawyers in the Arabic-speaking world and how is the ALF positioning itself to help them?

The first challenge faced by younger lawyers is visibility. I am often asked where all the young Arab lawyers are. The truth is, very few young lawyers have come through the ranks. At the same time, when I travel round the Middle East I see that there are a great many high-quality, ambitious young lawyers who do not know where to start. They lack a pathway to develop their careers, to show their talent and to grow beyond their home countries. With the ALF we hope to create a platform for lawyers from across the Arab League States to exchange ideas, discuss the latest developments and, most importantly, profile the advancement and growth of the Arab legal systems.

That being said, we do not exclude more established lawyers. The primary target audience for the ALF remains senior and young lawyers. Last year’s forum, held in Rome, saw general counsel invited to attend for the first time. ALF 2020 will see an even stronger focus on this increasingly important demographic. By opening the doors to GCs private practice lawyers are able to hear first-hand from the in-house community regarding the dynamics between GCs and law firms.

Why have you chosen London as the venue for a conference focusing on the future of Arabic-speaking law and lawyers?

Hosting the forum internationally exposes Arab lawyers to new and different ways of doing things, and hosting it in London presents a wonderful opportunity for lawyers from across the Middle East, particularly young lawyers, to sit side-by-side with lawyers from the UK and debate their common futures as legal professionals. There is a large Arab legal and business community in London. A number of GCC countries have been doing business with the UK for many years and many investments taking place across the [Middle East] have a nexus to the UK. English remains an extremely important language when it comes to doing business in the region, and the London legal profession has a dominant place in the Middle East, both in terms of the large number of UK-qualified lawyers operating there and the large number of UK-headquartered firms that have a presence there.

It is also a good opportunity for lawyers from the UK to meet the up-and-coming generation from the Middle East. International law firms in the region are increasingly looking to hire Arabic-speaking or bi-lingual lawyers, and hopefully through this platform we will provide people with an opportunity to make those contacts.

In what sense does the Arabic-speaking world form a coherent legal and business environment?

In some ways lawyers in the Middle East are facing very different issues from those in Europe, and within the Middle East the Levant and North African markets are facing different pressures to those in the UAE or Saudi Arabia. However, there are common issues facing all lawyers globally. For example, the disruptions that we are seeing today in artificial intelligence, in the use of IT and in the use of social media means law firms will face almost certain disruption in the next ten years. In terms of business development, marketing, and client development there will be common changes across world and therefore across the Middle East. Further, a rapidly changing landscape in the Middle East is driving a market that brings both the potential for big rewards and pitfalls for law firms in the region. It is important for young lawyers from across the Arabic-speaking world to understand the stakes here.

“Hosting the forum internationally exposes Arab lawyers to new and different ways of doing things, and hosting it in London presents a wonderful opportunity for lawyers from across the Middle East to sit side-by-side with lawyers from the UK and debate their common futures as legal professionals.”

Arab lawyers need to be prepared, to learn, and to expect what they will be seeing in the future. They will either be prepared for this or unprepared for this and they will face the consequences of either. It is very important that the Arab legal community has the opportunity to discuss areas of interest within the markets but also further afield in order to help adapt to global changes.

I also think it is important for both UK-based and Arab lawyers to take the region as a whole because high growth markets such as Egypt and Morocco will have a growing significance for lawyers and businesses across the Middle East in coming years.

It is true that more traditional markets remain strong. For example, Al Tamimi & Company has had busy practices in Saudi Arabia and the UAE dealing with both domestic and international for several years. But the Egyptian market has been an extremely busy market and our office has been very successful there in terms of work generated there and investments coming in to Egypt. Things are moving there internally and there is big interest from both GCC and non-GCC investors. With the growth of the young generation there is a need for investment in many North African countries, and we hope to help young lawyers position themselves to capitalise on this demand.

Has the initiative received any official backing from governments across the Gulf?

In my experience, anything that has official backing tends to focus too much on those in high-ranking positions and miss out on the substance. The forum has no official backing and no official status. It is run by a volunteer force of private practice lawyers and in-house counsel who are interested in learning from each other and passing on this learning to the next generation in the Middle East.

Among other things, ALF London will focus on the challenges facing family-owned entities in the Middle East. Why is this so significant for a younger generation of lawyers?

While regulatory regimes have evolved and developed in every sector and area, the major regional players continue to be family-owned businesses. Some of those family businesses have structured themselves extremely well, have a succession plan for the business and organise themselves along the lines of a public company with very good corporate governance policies. Many others have not. Therefore, from a legal point of view, the succession planning and continuation of these businesses could be at risk.

Family businesses are going to have to confront the issue of succession planning to survive. For the Middle East as a whole, it is vital for family-owned businesses to address how they can create stability in their management structures that allow the business to continue successfully through an event like a family dispute or the death of a founder. These are very sensitive subject to discuss but it is critically important for the Middle East that these issues are discussed and the legal implications are planned for.

Another crucial theme for young lawyers in the Middle East is the rapidly developing arbitration landscape. How will ALF address this?

There is now a total political commitment to arbitration in the Middle East. We can see this in the laws, regulations, arbitration centres and their governing rules, and also in the growing interest in the subject at university level. Governments and business have realised that they have more to lose than gain by resisting arbitration. Ultimately, awards get enforced and the resisting country or entity will get a bad reputation internationally. That has been a push factor. But the political will to support arbitration also developed because of a number of pull factors. Countries realised their court systems could not cope with complex cases or that these court systems were not strong enough to attract foreign investment. As such, the political decision made by governments of the Middle East to support arbitration is based on the belief that arbitration will attract investment and help judicial systems become stronger.

The only thing lacking in the region is skilled arbitrators. In the Middle East arbitrators are young, they are very few and tend not to be as skilled [as their counterparts in the UK]. It is not something you can build overnight. It requires time, training and commitment. With London still seen by many as the leading centre of commercial arbitration globally, the ALF will look to help address this situation by bringing some of the City’s leading arbitrators and counsel to discuss the future of arbitration in the Middle East, looking in particular at how Arab lawyers can help bridge the gap between civil and common law traditions.

Aside from supporting the ALF, what can the wider legal community can do to support the next generation of Arab lawyers?

Very few law firms in the Middle East link what happens during the education of law students to what happens in law firms. There is little communication between law firms and law faculties, apart from isolated initiatives. As a result, many law school graduates have academic skills and theoretical knowledge, but are not acquainted with a new style of law education, and some of their education is outdated.

Law schools in the Middle East need to revamp their education system, and law firms can play a big part in encouraging this. Universities need to teach students how the law has evolved and responded to modern transactions, particularly in the area of contract law, which has evolved in relation to capital markets, banking transactions, information technology, media, and intellectual property. In addition, some legal systems have bridged civil and common law principles – civil law systems have added common law principles and vice versa. The education system in the region has not grasped this development. What can lawyers do to change this situation? Lawyers can first of all create links between law faculties and their law firm. Secondly, lawyers can enhance their training of young lawyers internally.

The Arab Lawyers Forum London will take place on 23 and 24 March 2020. To register your interest please visit www.arablawyersforum.com

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Does reputation risk mean calling time on law firm drinking?

In my experience, there has never such an acute awareness among law firms of the reputational damage they and their people can suffer as a result of inappropriate workplace behaviours. The latest potential threat that law firms are having to grapple with is the excessive drinking culture associated with the business of doing law and the high-stress, high-octane environments lawyers operate in.

In the last six months alone, two high-profile investigations involving law firms have been dissected across the pages of the national newspapers and the legal press. Those press reports have revealed detailed and often disturbing accounts of excessive alcohol consumption fuelling allegations of serious misconduct.

The consequences of heavy drinking are driving law firms into taking affirmative action to curb too much booze. For example, Linklaters has launched a sober supervisors scheme to ensure its lawyers remain professional at social events. In the wider professional services sector, PwC and BDO have also enlisted booze chaperones. And in 2017, Lloyd’s of London banned drinking during working hours.

These types of actions have sparked a spectrum of responses. Many see the very notion of having to monitor people’s drinking habits as an Orwellian form of surveillance which belittles the decision-making capabilities of highly educated professionals. At the other end of the scale are those who say that a zero-tolerance approach means a much lower risk of any reputational and career hangovers following boozy workplace events.

Accepting there is a problem

First, we have to be careful not to blame alcohol for the unhealthy cultures and behaviours that already exist within many workplaces, before any drink is poured. Alcohol has long been regarded as the social glue at work-related events. And in moderation it remains an enjoyable accompaniment to networking with colleagues and clients. However, the problem comes when that social glue turns toxic and we end up with people harmed and careers and reputations ruined.

Social norms around alcohol are shifting. A large number of the population don’t drink for religious reasons and statistics show that the younger generation don’t want to drink as much, or prefer to abstain. The Junior Division of the Law Society of England and Wales has conducted research that shows young lawyers often feel pressured to drink alcohol, and have also put forward guidelines for the legal sector on social activities employees might enjoy which don’t involve drinking.

Another key issue is alcohol and mental health. Many lawyers use alcohol as a means of dealing with stress, which in some cases can lead to mental health problems. On the flipside, greater awareness of mental health issues in the workplace is also driving people to avoid or limit their alcohol consumption: we are becoming much more mental health and physical health conscious as a society.

“‘In creating inclusive cultures that align with their values, law firms are having to take a sober look at their relationships with alcohol'”

Times are changing. And, in turn, staff and client expectations and the cultures within law firms are changing. Movements like ‘MeToo’ have also encouraged people to come forward and say no to workplace behaviours that may have been put up with just a few years ago.

And, as society appears to be moving away from a culture of excess to a culture of responsibility, many more law firms are looking at detoxing their drinking cultures by asking: ‘Does this reflect our winder culture and brand values? Is it how we want to be seen?’

Moderation is key

Once they have first acknowledged that alcohol, when abused, can cause problems, law firms can then find a moderate and inclusive approach to how they address alcohol consumption at work-related events.

In practical terms, this can mean asking for input from all staff at different levels in the organisation on the makeup of social events and how they like to enjoy themselves. Building a programme of social and networking events around staff input and catering for those who drink alcohol and those who choose not to, means that staff feel included and less pressured to fit into one camp.

Other solutions could include offering staff training on how to spot and report alcohol abuses, with guidelines and reporting mechanisms which sit visibly on the firm’s intranet and other communications channels. When complaints around alcohol abuse are made, staff should feel confident that those complaints are being dealt with appropriately.

Finally, law firms can empower their people to enjoy themselves responsibly – setting clearly defined and well communicated limits. This requires leadership from senior management and a commitment at the firm-wide level that the party stops when the party stops. When too much alcohol is involved, there can be ambiguity around when the work event is over and it’s time to go home. The same principles and guidelines should apply when lawyers attend client events, particularly if they are known for being boozy affairs.

Last orders

In creating inclusive cultures that align with their values, law firms are having to take a sober look at their relationships with alcohol. In this regard, the move to moderate alcohol consumption in the workplace can be seen as part of a much broader review of how law firms wish to be perceived as responsible corporate citizens and in the context of the wider changes taking place in society.

In my view, change can take place in an emotionally intelligent way that achieves buy-in from all of the people who make-up the very fabric of their firm’s social network. Empowering staff by including them in the choice of work events and activities they might enjoy, also means empowering them to act responsibly within guidelines they themselves have helped create. Such an approach can lead to a greater diversity and choice in the types of social events that law firms arrange, more fun for those taking part, and less risk of reputational hangovers. Cheers to that.

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Making pro bono transparent

It is a truth universally acknowledged that all barristers do pro bono. Or is it? Despite the wide variety of interesting and deserving cases, the opportunity for practice development and the fact that, unlike when doing paid work, a barrister gets to choose which cases they take on, the number of barristers undertaking work through Advocate, or indeed through other channels, is lower than you might expect. It is also difficult to track.

Contrary to expectation, those doing pro bono work are often the kind of people who keep quiet about it. This leads to a situation in which Advocate is regularly asked by senior clerks and chambers’ CEOs to let them know how many cases have been taken on by members of their set, because they themselves are not aware of what’s happening, despite their best efforts. And they really do want to know – whether to make sure the entire chambers’ pro bono effort isn’t being unsustainably shouldered by one passionate individual, or just to check whether their second six pupils and junior tenants are making the most of the learning, networking, and marketing opportunities offered to them by pro bono work.

Whether it be part of a chambers social responsibility agenda, exploiting the business development benefits of pro bono, or working towards embedding a public service ethos in chambers, there is definitely a move towards greater transparency around which cases are being worked on free of charge, which brings me on to the two fascinating examples of structuring and reporting pro bono being undertaken by two sets of innovative chambers: Littleton and Radcliffe. Their experiences illustrate the same (very common) point – that communication is everything.

“The structure of the self-employed Bar does little to encourage team participation and yet pro bono work often benefits from a team approach”

Yes, we can make a difference

Liz Dux, chambers director, Littleton Chambers

The legal profession is a fortunate one in many ways. Our skills give us a unique ability to transform lives for the better or to help someone in their hour of need.

Take the following example: A silk from Littleton read a report in the legal press about a solicitor in Scotland who was facing serious disciplinary proceedings as a result of his reaction on social media to some vile anti-Semitic abuse he had received. Unprompted, the silk contacted the lawyer in question and offered to represent him pro bono in his disciplinary proceedings, as he was unable to afford paid representation. As a result of this silk’s intervention, the said solicitor’s career was saved and someone’s life was transformed for the better. The silk told no one about his involvement. I only found out about it via press coverage.

The above example is not an usual one at the Bar. I frequently find out about fantastic work barristers at Littleton have undertaken pro bono long after the event and normally by way of passing comment. So many barristers contribute huge amounts to society but do so under the radar, not wanting to shout out about it but recognising the positive impact they can have on society.

This is why we have introduced an initiative at Littleton whereby we encourage all our members to self-record what pro-bono or community initiatives they undertake via a points system. We hope that by doing so we are encouraging everyone to do their bit to help others less fortunate than themselves but also not to hide their good deeds under a bushel. The structure of the self-employed Bar does little to encourage team participation and yet pro bono work often benefits from a team approach, hence we felt that greater communication about what everyone was doing would facilitate a linking of efforts.

We are proud that our pro bono points collection initiative is just one of several which we have introduced over the last year or so to increase our contribution towards wider CSR initiatives. Another example is our INSPIRE sports initiative whereby we encourage athletes transitioning away from high performing sports, particularly those from less fortunate and well represented socio-economic backgrounds to develop a career in the law. This initiative includes opportunities for work experience, mentoring during academic studies, networking opportunities, interview support, and ongoing education.

Last year, on taking silk, one of our members who themselves comes from an under represented socio-economic background, visited an inner London community school to encourage them to enter the profession and follow his example. I was so moved by the responses he received in a thank you card. One read, ‘You have taught me to believe that I can make a difference in the world’. The answer to that is ‘yes we can’.

”Pro bono is not just a nice thing to do – it’s a business priority, which goes hand in hand with client collaboration, innovation, and service delivery”Fiona Fitzgerald, chief executive, Radcliffe Chambers

Creating a virtuous circle

Fiona Fitzgerald, chief executive, Radcliffe Chambers

Pro bono is important to us, our clients, and wider society. We know from the conversations that we’ve had with our clients, barristers, staff, and potential recruits that they all expect us to make a positive impact on society; it’s not just a nice thing to do – it’s a business priority, which goes hand in hand with client collaboration, innovation, and service delivery. We’ve grown a lot over the past five years and we are really proud of our progress, but we believe that its sustainability depends on us being a responsible chambers, not just in terms of our compliance and people policies, but also in terms of contributing to the society in which we operate. As a legal services organisation, we have a particular responsibility to help widen access to justice.

We are always looking for ways to do things better, across all aspects of chambers. Often this is by recognising what we are already doing and then thinking about how we could do it more efficiently or be more impactful, making the most of our growing skills and experience. Our pro bono journey is a case in point. Barristers at Radcliffe Chambers are already regularly involved in many amazing pro bono initiatives, so we had a good foundation for taking a more strategic approach to increase our positive impact.

It is a given that you can make a bigger impact when you work as a team, so the first thing we did was connect people who are working on similar initiatives via our Responsible Chambers Committee, a group of staff and barristers. Creating this wide-ranging forum for discussion helped us to really focus in on where we ought to concentrate our efforts and helped us explore different perspectives on how we might make an impact, whether it is by providing our legal expertise, our project management experience, our communications expertise, or our people skills. We all have a role to play and we can all bring something different to the table.

The committee has helped raise the profile of pro bono within chambers and led to plenty of productive conversations about what we can do better. Communication is creating a virtuous circle. We are now working to keep up that communication throughout chambers to increase engagement with and participation in pro bono, and to drive through the reporting changes that we are planning to make. Some of this has meant fairly basic changes, such as introducing a pro bono newsletter and creating a factsheet on how to get involved, but there is also a wider message to share about why we are doing this and how it fits in with our commercial objectives.

What isn’t measured, can’t be managed, so our next step was to put together a survey to capture a definitive picture of all our community and pro bono activities. We are now considering how best to track them all moving forward so that we measure our performance against specific objectives. We have seen the importance of a data driven approach when it comes to our inclusion and diversity activities. Our award-winning Student Barrister Experience Programme (a two day course for sixth formers from backgrounds that are underrepresented at the bar) came about because we looked at the diversity data for our pupillage applicants and recognised that we needed to take steps to attract a wider pool of candidates. The programme is now entering its third year and, while we still have a long way to go to becoming the diverse chambers that we aspire to be, we are pleased to have seen an improvement in our most recent recruitment round and hope to see even greater diversity in 2020, as a result of adopting Rare’s contextual recruitment system. We believe that applying the same, evidence based approach to our pro bono strategy will help us make a greater impact in the future.

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

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

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

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

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

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

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

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

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

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

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

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

Capital gains

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

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

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

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

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

New year, new rankings

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

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

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

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Under new management

Can you provide a brief overview of the office(s) you manage?

Bobby Albaral: I was appointed managing partner of the firm’s Dallas office in 2017, then in July 2019 – as we combined the Dallas and Houston offices into one collaborative Texas team – I was appointed the Texas office managing partner. Baker McKenzie has been in Texas for 30-plus years, first in Dallas in 1986 and then in Houston in 1997. Our lawyers in Texas are in-market legal experts with substantial experience across transactional, dispute resolution, and tax practice areas with a truly global reach. We have more than 100 lawyers in Texas advising on a wide range of domestic and international companies with interests in Texas, across the US, and major markets in every region of the world.

Maurice Bellan: Described by many as the US Embassy of Baker McKenzie, our firm’s DC office is a strategic focal point of our operations in North America. Washington, DC is the crucible of the development of US law and regulation and home to US regulatory agencies that intersect with so many of our clients’ businesses and industries. Our office is comprised of 125 lawyers with multi-disciplinary experience, but primarily focused on trade, regulatory enforcement, multi-jurisdictional investigations, and corporate and civil dispute matters. We are beacons for our local clients who wish to become global, and for our global clients wishing to tap into the local US market. We represent many of the major service organisations, industrial corporations, insurance companies, banks and financial institutions, as well as utilities, tech, transportation, and oil and gas companies.

Scott Brandman: I became managing partner of the firm’s New York office at the start of 2018 and then, in July of 2019, the Miami and New York offices merged into one management structure and I was appointed managing partner of both geographies. It is an exciting time to lead these offices, as they are both in growth mode. Our New York office added nine high performing partners in 2019. With these strategic additions, we continue to build out our North American life sciences practice, as well as add to our extremely strong M&A, private equity, government enforcement, and tax practices.

In September 2019, building on the strength of 15 offices in Latin America and numerous hubs of regional expertise throughout the firm, we made a strategic investment in the creation of a US base for our Latin America practice. The practice will centre in Miami, but draw on a seasoned team of lawyers in New York, as well as other US offices. The goal for the initiative is to serve as a bridge to our firm’s extensive platform and experience as the largest global law firm in Latin America. In line with this initiative, we were thrilled to welcome back Federico Cuadra Del Carmen, who has significant experience working on domestic and cross-border M&A, private equity, and corporate transactions in Latin America and beyond. Federico is the first of several strategic hires we will be making in the Miami market to build out our Latin America practice. We have many additional lateral partners under consideration and are excited by the traction we are getting in the market.

What are your main areas of focus?

Albaral: My main area of focus is growing our firm’s footprint in Texas and further bolstering our already substantial transactional, dispute resolution, and tax practices. Consistent with our firm strategy, we will grow with a continued focus on delivering a uniformly exceptional client experience. The energy sector in particular will take centre stage as we grow in Texas, with Houston being the industry’s global epicentre. Both Dallas and Houston also serve as a gateway to inbound and outbound investment in Latin America. Working in concert with our colleagues in New York and Miami, Latin America will continue to be a focus of our efforts in Texas. All with a ‘one team,’ collaborative approach to one of the hottest legal markets in the world across many industries.

Bellan: Building upon my predecessors, my goals include creating a stronger connection with the DC community through philanthropy and community service. We have a strategic plan to significantly grow our headcount in areas of key importance to our clients, and strengthening our reputation as the go-to firm in DC for companies doing business both locally and abroad.

Brandman: Our focus is always on our clients and our people. We aim to provide the best possible service to our clients and continue to look for ways to deliver our services with efficiency and excellence. In addition, we are committed to providing the best opportunities for our people to continue to grow and meet their professional goals. While we are looking to bring on key lateral hires for both New York and Miami, this is of significant importance in the Miami office as we are in full growth mode and are focused in our efforts to expand and support the new US base for our Latin America practice. As part of the expansion, we are pursuing efforts to upgrade our office space to meet the needs of our lawyers and clients. One of our biggest assets is the firm’s global reach, but we always like to think that the core value we provide is to our local clients and the community and we want to make our office space reflect that dedication to the community.

What changes, if any, do you plan to make?

Albaral: By combining Dallas and Houston structurally as a strategically focused Texas office with a larger and more collaborative footprint, we are already much better positioned to help our clients manage their legal affairs in Texas and around the world. Over the years, we had always seen unique business synergies that the two offices share with common clients and business opportunities. With this new structure, we are able to create efficiencies and a common focus to better serve client needs together.

Bellan: The most significant change to the DC office is our growth. Over the next 24 months, we have a strategic plan to expand our footprint in the Washington market by 40% across multiple practice areas. We are market leaders in the trade and tax practice areas and are planning to add considerable depth to these practices. In addition, our office will continue to experience steady growth in our government enforcement and regulatory practices. To facilitate our growth, and as already mentioned, we are undergoing a complete renovation of our office space that will fundamentally change the way we work and deliver client service. We will move to single-sized offices for all attorneys and professionals and increase the amount of working collaboration spaces. Post-renovation, our library will be transformed into an innovation and research hub. Lastly, our dramatic redesign of our conference centre will facilitate more client-focused events and greater interaction with the DC community.

Brandman: With the new structure of a combined New York and Miami office, we are even better positioned to serve our clients to meet their strategic objectives. Over the years we’ve begun to see the unique business synergies that these two offices share, not only with general transactional work, but particularly around inbound and outbound Latin America work and under this new structure, we are able to create efficiencies to reflect this reality.

What do you think are the biggest differences between the offices you cover?

Albaral: The biggest difference between the two Texas offices is the industry focus that we have in the energy space in Houston as compared to Dallas – energy in all its forms, including oil and gas, and renewables among other things. While we certainly have clients in other industries in Houston, including petrochemical and manufacturing, the energy sector is a particular focus there. Dallas has a broader industry base – which includes energy – but also high tech, retail, hospitality, and aviation, among others.

Brandman: I think size is the biggest differentiator between these offices. The New York office has always been one of the larger offices of the firm and our Miami office, while small, is in growth mode and we are excited to see it continue to develop and expand. One thing to note is that despite the size difference, the offices have many similarities with complementary practices and expertise that make collaboration across the two offices beneficial to both our lawyers and our clients.

How do you ensure ongoing collaboration and synergies across the firm’s offices?

Albaral: The strategic advantage we have over other firms is our ability to work seamlessly across our 77 offices worldwide. We all participate in joint-office committees and client initiatives that keep us engaged with one another on a daily basis. We also meet with one another in person quite often, whether that be in practice group oriented meetings or regional and global partners meetings. In short, our colleagues are not simply names and numbers in a global directory, but a substantial group of legal experts that just happen to be in different offices around the world.

Bellan: Our leadership team routinely meets via phone, video calls, and in-person to ensure that we are collectively working toward the firm’s mission. In addition to formal meetings, managing partners across the firm share best practices, leadership advice, and maintain genuine friendships. This spirit of collegiality among leaders is one of the many reasons that I am honoured to be a part of Baker McKenzie’s leadership team.

Brandman: We have several joint-office committees and initiatives that keep our offices connected on a frequent basis, as mentioned. We also have internal communications tools that ensure that both offices I manage make up a larger community that feels engaged. One of our objectives is to make sure these two offices are continually collaborating with the firm’s other offices within the North America region and globally.

How much work do you do with non-US offices?

Albaral: We have been the leading international law firm for decades now, helping our clients simplify and navigate an increasingly complex world. Our offices in Texas are no exception.

Bellan: As a truly global law firm, working with our colleagues in other countries is part of our DNA. I work closely with lawyers in our non-US offices to help our clients navigate cultural and legal challenges of doing business in global jurisdictions on a daily basis.

Brandman: Baker McKenzie has the great privilege of being the most geographically diverse global law firm in the world. Personally, I have worked and continue to work with a significant number of our non-US offices, as my client base includes many multinational companies who have a full range of legal and tax issues.

How much time do you spend on client work versus managing partner responsibilities?

Albaral: I have an active dispute resolution domestic and international tax practice. I balance the demands of my practice and leadership roles with the help of an extremely talented leadership team in Houston and Dallas. We have a five-person Texas management team in place, with Brendan Cook, Denmon Sigler, and Jonathan Martin in Houston, along with Kevin Maher in Dallas, all of whom contribute significantly to our success.

Bellan: Finding balance is a result of our team-based approach to both staffing client matters and leading the firm. Our clients are our lifeblood and their well-being is at the heart of what we do, therefore our internal leadership structure allows for coverage and redundancies to ensure that someone is always available to tend to the business of managing the firm. For example, my practice operates with a regional steering committee and the DC office is full of formal practice group leads and informal leaders willing to provide leadership, mentoring, and counsel at a moment’s notice.

Brandman: I have been with the firm for over 20 years, and my primary focus is to serve my clients to the best of my ability. As I grew in my career, I began to take on leadership roles on the firm’s Diversity and Inclusion Committee as well as the Partner Compensation Committee and the North America Hiring Committee. I believe in the importance of contributing to the firm and being an active change-maker. While my responsibilities have grown over the years and I spend more time now on the management front, my true love is always working with my clients and I’ve been honoured to have worked with many of those clients for the span of my career.

How do you personally think Baker McKenzie is differentiated from your competitors?

Albaral: Our client service is unparalleled. We value personal relationships and strive to deliver smarter solutions to our clients. Using an unrivalled global platform and the best local talent, we bring the whole firm to our clients. Local access. Global reach.

Bellan: As an international law firm, we provide excellent service in far-flung markets. We are not simply a US firm with global outposts, but a firm that has strategically grown by hiring exceptional lawyers local to each of the 77 cities in which we operate. It is not uncommon for my peers at other firms to call us in search of local counsel who can assist their clients – even if that firm has an office in the same jurisdiction. This gives us a distinct advantage in advising clients who conduct business in the US and around the globe.

Brandman: I also believe that our international reach is what truly sets us apart from our competition. It is an incredible asset to our lawyers and clients and gives us the ability to provide seamless service to our clients in the US and abroad. Being nimble to meet the needs of the client is also something that sets us apart. We have been watching Florida’s business market growth over the past few years, particularly around companies expanding and even moving their headquarters to the area. We responded by growing our Miami presence to meet those needs, understanding that our clients require not only on-the-ground support, but access to our world class Latin America practice of 850 lawyers across 15 offices in seven countries.

What have been the key success stories since you became managing partner, or in the past couple of years?

Albaral: Bringing the One Texas Team approach into fruition is a great achievement, and looking to our counterparts in Texas, is a positive differentiator. This collaborative approach will allow us to better utilise our expertise and resources to benefit our clients, employees, and communities.

Bellan: I am proud to have played an integral recruiting role in expanding our regulatory capabilities in the DC office while also improving ethnic and gender diversity. In the past few months, we have grown our FDA practice with the hire of Veleka Peeples-Dyer and Khelin Aiken from McDermott, Will & Emery. We have also built a financial regulatory and enforcement group by adding a team from Morgan Lewis which includes Amy Greer, Valerie Mirko, and Peter Chan who all spend significant time working with the DC office.

In addition, since I became managing partner of the DC office, the ethnic and gender diversity of the office has improved by nearly 10%. We are both excited and humbled by our progress but recognise that there is still much more work to improve the representation of diverse lawyers in major firms in our marketplace.

Brandman: One of our success stories has been our lateral growth, we added nine key partners in the New York office in 2019 and are poised for similar growth in our Miami office. One of the key differentiators in drawing these top-notch laterals is the knowledge that they are joining a firm with an incredible global footprint as well as strong regional and local platforms with practices that are on the cutting edge of business and legal issues.

With the mention of D&I, can you each expand on what your involvement has been in the firm’s D&I efforts?

Albaral: In Texas, we work closely with the firm’s North America D&I team to promote an inclusive environment and focus on recruiting, developing, and promoting diverse attorneys. I serve on the firm’s Global Diversity & Inclusion Committee. Our global D&I initiative is owned and championed by the highest levels of our leadership. As an office managing partner, I strive to cultivate a diverse and inclusive environment through leadership, policies and practices, as well as client and community outreach. Our approach is global and inclusive. We have more than 13,000 employees in 46 countries who speak 80+ languages, and we are working to ensure that all of our people feel included and empowered.

I am proud of our recent D&I achievements including:

  • The Mansfield Rule: Baker McKenzie is piloting the Mansfield Rule 3.0 and we also received Mansfield Plus Certification in 2019;
  • Global Aspirational Targets: In 2019, we enacted the 40:20:20 global gender targets and are working to have 40% women, 40% men, and 20% flexible (non-binary persons) representation by July 2025;
  • LIFT sponsorship programme: Launched in 2017, Leaders Investing for Tomorrow (LIFT) is a landmark sponsorship initiative for women, designed to support key talent in progressing to leadership roles;
  • #WeAreNotNeutral: Baker McKenzie is not neutral on issues impacting the LGBT+ community. The firm’s Global BakerPride+Allies Business Resource Group brings together partners and senior business services professionals from across the globe to advance LGBT+ equality;
  • bAgile: In 2017, we instituted bAgile, a global flexible working policy; and
  • PointOne: An initiative to promote a safe, respectful, and inclusive workplace which sets out clear behaviour policies and expectations and avenues for people to raise concerns and access support.

Bellan: As the first African-American managing partner of any Baker McKenzie office globally, I am keenly aware of the strides that our firm is taking towards building a diverse and inclusive law firm and of the work that still needs to be done. One of the things that truly sets us apart is our ability to leverage the different languages, cultures, and perspectives we have and place a real focus on diversity and inclusion.

At Baker McKenzie, every employee has a responsibility to foster an inclusive work environment. As a member of the firm’s D&I steering committee for our Global Disputes team, Chair of the Hiring Committee for our Litigation and Government Enforcement practice, and as an office managing partner, it is my responsibility to oversee the local execution of our diversity goals. The difference between having a great D&I plan on paper and seeing those goals come to life is having local leaders who take responsibility. In addition to my role in recruiting and hiring diverse professionals, I also lead our DC-based advisory board for diversity and inclusion.

I am most proud our recent accomplishment, where we hosted 160 lawyers of colour from across the region in DC for the inaugural ‘Lawyers of Color Conference’.

Brandman: I think every leader in the firm has a role to play in creating a more inclusive culture, and I see myself as a champion for women and other underrepresented groups in leadership roles in the legal profession. I was very glad to see that in our recent round of promotions, 40% of our newly elected principals globally were women. Additionally, 63% of our global leadership committees are now comprised of more than 30% of women. Over the past three years, global promotions to partner have averaged at 40% women.

Over the past two years, the North American Leadership team has been comprised of over 60% women, attorneys of colour, and members of the LGBTQ community. In addition, we have made great strides showcasing our commitment to diversity in our partner ranks with females accounting for 53% of new promotions to equity partners in 2019.

We are also focused on diversity beyond gender and have comprehensive policies in place to further the retention, development, and advancement of diverse professionals more broadly. For example, to further advance the racial and ethnic diversity of our leadership, our US and Canada offices recently adopted targets for racial and ethnic minorities to comprise 15% of equity partners, 20% of non-equity partners, and 15% of leadership by 2025. Early in 2020, we hosted an inaugural ‘Lawyers of Color Conference’ in DC which brought together our 160+ lawyers of colour from the US and Canada for two days of meaningful dialogue, networking, and professional development.

Our diversity makes our global community stronger and helps us in solving complex problems and designing practical solutions for our clients. D&I is not only the right thing to do, it provides our clients with a competitive advantage.

Robert (Bobby) Albaral: managing partner of the firm’s Dallas and Houston offices. Bobby is a partner in the firm’s Tax Practice and represents multi-national corporations at various stages of federal, international and state tax disputes, both administratively and in court. He is a member of the firm’s Diversity and Inclusion Committee as well as the firm’s North American Regional Counsel and Global Policy Committee. Maurice Bellan: managing partner of the Washington, DC office since July 2019 and a member of the Global Dispute Resolution and North America Litigation and Government Enforcement Steering Committees. Maurice most recently served as vice chair of the Litigation and Government Enforcement Practice, and he leads the firm’s False Claims Act (FCA) and Government Contracts Practice. Scott Brandman: managing partner for the firm’s Miami and New York offices. He is a member of the firm’s North America Regional Management Committee and chairs the Compensation Committee and Hiring Committee. Previously, he was a member of the Diversity & Inclusion Committee. In addition to advising clients on tax matters, Scott serves as the global relationship partner for several multinational companies. In this capacity, he works closely with senior management teams to ensure seamless service across the firm and serves in a lead role on major multijurisdictional projects.
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Gunther Schumacher: The learning process – helping law firms embrace new ideas

Please give us some background on your career to date and how you came to join Venable?

I spent the majority of my career in advertising and marketing services – originally as a writer, then in client services, and finally in management. The red thread throughout my career has been around creativity, technology, and transformation. I had known Stu Ingis, Venable’s chairman, for several years through an industry association, the DMA. I was on the Board and the Executive Committee, he was the General Counsel. We got to talk about the changes in the legal industry and how they mirror a lot of the changes I have seen and worked through in other professional services industries, including advertising. It seemed like an interesting challenge to me to switch industries and we both felt that it was a good fit. So here I am.

What was your initial perception of the legal world? Is it as ‘stuffy’ as some outsider may perceive?

I must say that I don’t find the legal industry (at least at the level Venable is operating) stuffy at all. Lawyers are incredibly smart, creative and they like to debate. My academic background is Philosophy and I have found many kindred spirits when it comes to the love of a good argument and the Socratic method.

How do you see the nature of your role across revenue management, marketing and product development, and client relationships?

I have come to realise that there is no clear industry standard in the legal world for business development, marketing, and practice management. Each firm seems to have their own version. Sometimes BD and PM are bundled together, sometimes BD and marketing, and so forth. After a couple months learning ‘legal’ and Venable, we agreed on a unifying strategic framework, which has since helped us to integrate our efforts and our departments and agree on one common mission statement. In essence, the CRO (chief revenue office) is all about helping with the Client Experience Journey – making us an ‘irresistible choice’ to pick and a ‘delightful’ partner to work with. All the tactical activities will be aligned with this and measured against KPIs that flow from the Client Experience Journey. Leading this transformation towards a more client-focused, integrated, and outcome-oriented set of activities is the primary focus of my role.

Do law firms really understand marketing and innovation?

The short answer is ‘no’. The more considered answer is ‘they are learning’. A lot of people (not just in the legal world) confuse marketing with advertising and advertising with TV or print ads or internet banners. On the innovation side, law firms are by nature conservative and resistant to change. There is also a false sense of security in something that has worked well for many decades. But I can see how all of this is changing. There is an understanding that the world is in rapid transformation mode and that law firms will increasingly be affected by that. My hire into Venable is an unusual and quite brave move. To me it is proof that at least one AmLaw 100 firm is taking another look at marketing and is ready to innovate.

How would you define your firm’s culture?

Venable is very much a people culture (just like my previous firm, Ogilvy, by the way), which is why I like it so much. There is a lot of respect and room for the individual and their uniqueness, needs, and ideas. Despite our size, Venable is neither very hierarchic, nor very bureaucratic. What holds the firm together is a set of shared values and beliefs (like client centricity and team). Like any organisation that is truly people focused, diversity is an integral part of this fabric.

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

Remember, I’ve only been here for nine months… but I mentioned the Client Experience Journey as a strategic framework, which has already proven itself to be an integrating force. The other thing I would mention is agile work methods. I have done a lot of work in the digital/technology/software space in the past and am a firm believer in agile – client-centric, highly collaborative, cross-disciplinary work that is focused on continuous improvement. We have started an ‘Applied Insights Lab’ at Venable this summer under the leadership of a freshly minted scrum master. This new way of working (new for a law firm) is like a breath of fresh air and the results are better and faster.

What have been the biggest challenges of the recent merger with Fitzpatrick, and what benefits has it brought to clients and staff?

In any merger, the two biggest challenges are always the shared value proposition and the ‘evolving’ culture. As far as the former goes, Venable Fitzpatrick is a no-brainer, because the areas of experience are purely complementary and of huge value for our clients. As far as the culture goes – Venable and Fitzpatrick had very compatible cultures in the past and you can see that when you put a dozen legacy Venable and a dozen legacy Fitzpatrick people in a room. You’ll be hard pressed to figure out who’s from where. By the way, Venable’s decision to double-down on IP was one of the ‘clinchers’ for my decision to join. Venable already had a superb IP capability, but with the addition of Fitzpatrick we are moving into a more significant leadership position. I believe that the need for extraordinary IP lawyers will dramatically increase in the future.

What have you found is the best way to retain talented partners and associates?

In general, I have always found that people stay because they have a sense of ‘belonging’ and they leave if they don’t have that. This does not seem to be any different in a law firm. ‘Belonging’ requires shared purpose and values, recognition, development, team, and culture. Money is one part, but that always sorts itself out in the end.

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

Venable has a genuine passion about diversity – gender, racial, sexual preference, religion – because we believe in and celebrate people, their individuality and their talent. Our diversity numbers are equal to or better than the rest of the industry. But we are frustrated with our own success, restless, and focused on actual things we can do to improve. For example, 42% of our Board is made up of women and people of colour and of our four divisions, two are chaired by people of colour. We hope that in addition to increasing our hiring, we are building a pathway to success and leadership in our firm for all attorneys regardless of background. It reflects not only the strength of our diverse partners but also the importance of their role in management in mentoring and being models.

What does innovation mean to you? How can law firms best encourage innovation in all its forms?

‘Innovation’ is a game card in today’s buzzword bingo, just like ‘data’ or ‘transformation’. I believe that innovation is most powerful when it is balanced with something that offers continuity and direction – like ‘purpose’ or ‘culture’. Take IBM for example, arguably one of the most innovative companies in the world and a former client of mine at Ogilvy. Their core value proposition has not changed for over 100 years: ‘leveraging data and technology to make the world work better’. But the ways they have been doing this, and the solutions they have developed, have been so innovative that for decades they produced more patents every year than any other organisation in the world. IBM Watson is a true AI solution that is being used today in areas as wide-ranging as crime prevention and cancer cure. I’d call that true innovation, but in the service of a purpose and a value proposition that has a rich history. I think law firms can learn a lot from this.

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

Yes, most definitely. Technology is changing the world and the legal industry is no exception. I believe that a lot more of the basic services will be automated and that LPM systems will increasingly help manage the work, make it more predictable and reduce risk. Having said that, I do not think that technology will revolutionise the legal industry the way it has revolutionised manufacturing for a variety of reasons. One of them being that a great lawyer is as much about intuition and judgement as he/she is about experience and skill. That softer side is something very difficult to handle for any machine. At least today and for the foreseeable future. Ask Siri or Alexa.

What have been the main changes in the way you charge for your work in recent years? What percentage of work is charged out with alternatives to the billable hour?

I would put ‘alternative fee arrangements’ in the same buzzword bingo as ‘innovation’. Some clients are really looking for more discounts, but AFAs definitely come into play for almost every single RFP or other form of proposal. I believe that the future of AFA is in an alternate service delivery model that gives both sides a chance to succeed. One by getting a better deal. The other by an innovative way of doing the work while preserving margins (if not revenues).

Differentiation is critical to buyers of legal services – how do you stand apart from the rest of the market?

An excellent question, something I have been thinking about (and working on) since I started. I believe there are a few things that make Venable special:

  • We are relentlessly focused on our client needs and strive to deliver the legal solution they need, not just a set of legal tasks they asked for.
  • We have a strong sense of culture and values and are unwilling to sacrifice those for mere size or revenue growth.
  • We believe great lawyers deserve a certain ‘freedom to practice’ which will give them a chance to fulfil their dream of practicing law and our clients the best knowhow applied to their needs.
  • For an AmLaw 100 firm we are surprisingly affordable (not sure that I am even allowed to say that…).

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

I am just beginning to meet with our clients/GCs, but what I hear is:

  • Excellent and relevant legal expertise.
  • An understanding of their business and their broader needs.
  • A willingness to find terms that offer value for money and a shared risk in the relative investment/cost.
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Maria-Leticia Ossa Daza: Gender bias still an issue in law

How would you describe Willkie’s Latin America practice?

Built upon the foundation of our firm-wide culture, Willkie’s Latin American practice is known by clients for its pragmatic approach to the practice of law, one that puts the client first and forms the basis for longstanding relationships. Our lawyers are admitted throughout Latin America, fluent or proficient in Spanish and/or Portuguese, and have significant experience working on a variety of matters in Brazil, Mexico, Argentina, Colombia, Chile, Peru, Venezuela, and Ecuador.

With highly specialised teams possessing unique and diverse backgrounds, experience, and skills, we have significant knowledge of the realities, players, and best practices for doing business successfully in Latin America. We are well-placed to advise Latin American clients seeking counsel on complex transactions around the world. Our ability to negotiate and close deals, coupled with deep respect for and significant knowledge of a region’s particular rules and regulations, financial and political regimes, and customs and culture, ensures that clients seeking to conduct cross-border business in Latin America obtain the maximum benefit from our vast experience.

What’s a recent change you’ve made in the group that will benefit clients?

In March 2019, Maria Isabel Nieto joined Willkie as our new director of Latin America strategy, reinforcing our commitment to the region and the development of governmental and market practices. Maria Isabel has served the public sector in high-ranking positions under three different Colombian presidents – as senior presidential advisor, diplomat, and Under Secretary of Interior. Admitted to the Bar in Colombia, she has also worked with leading companies and multinationals in the private sector.

What challenges have you faced as a lawyer and in your practice area?

I feel fortunate to have worked at Willkie since beginning my career. It is an environment in which I had and have full support and encouragement from the firm – to lead our Latin American practice, and to excel as an attorney.

The M&A world is tough, and more so for a women of colour, but I love challenges. I’d like to see more women lawyers, bankers, CEO, CFOs, and dealmakers in the M&A and private equity fields. At Willkie, we are fully committed to diversity and supporting women and lawyers of colour to excel and be successful.

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

It’s crucial to be honest about the challenges in the field and also actively support talent. I feel fully responsible to support and mentor other women at Willkie in my day-to-day work with our associates, through our foreign associate programme, and outside Willkie through some of the non-profit organisations I support.

In my discussions with other women, I try to be open and share my experiences, both the challenges and successes. I regularly speak about diversity at conferences organised by law firms in Latin America, companies and organisations such as the International Bar Association and The Legal 500.

I believe I have a responsibility to generate and be an integral part of initiatives and efforts to further encourage diversity. This is why I believe, for example, that The Legal 500’s Women in Law project is a great forum to share experiences, and recognise in-house lawyers who are working hard to transform the industry in the region.

Most importantly, on a personal level, I try to be a good role model and mentor for my daughter Valentina, to prepare her for leadership roles.

Do you still see barriers to women progressing in the legal industry?

Despite efforts industrywide, gender bias is still generating significant disparities for women who continue to face barriers in hiring, assignments, promotions, and compensation. Reports on this matter still show that women and people of colour may feel they are held to a higher standard than men.

In addition to bias and ‘machismo’ in the profession and in particular in Latin America, the barriers women place on ourselves add to the challenge. For example – the guilt we feel if we want to be successful and also have a family life, the struggle in fighting bias and finding work-life balance, understanding that it is okay to be driven and successful, and the desire to make partner, and yes, have a life outside work.

Surprisingly, I have come across women in law who believe that taking parental leave will negatively impact their career, even though this is changing across the profession. Willkie recently promoted a female associate to partner while she was on maternity leave, which I think sends an important message.

How have you used your leadership role to promote diversity and inclusion?

As a woman of colour practising corporate law, I hope that shows other women that if I can do it, they can too. I’m proud to be a part of the talented and diverse team of women and men at Willkie who respect and value each other’s opinions, each contributing a unique perspective.

How has your role/involvement in client-facing work changed since becoming a practice head?

Being client-facing is key in Latin America and our philosophy is to be close to our clients, so in that regard, my role hasn’t changed – it has been reinforced. Maria Isabel also plays an important role in our client relationships.

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

Be yourself. Embrace the things that make you different – including your gender and colour. Seek out mentors, sponsors, and supporters with diverse perspectives and experiences from yours. They will help you view things differently, challenge you to improve, and ultimately help you to succeed.

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Elisabeth Thole: why women led the way in data protection in the Netherlands

How would you describe the cultural environment of your firm?

We have an informal and open atmosphere including the layout of our offices. We want to avoid a ‘corporate’ atmosphere and we want everyone in the firm to be themselves and develop their own ideas – this nurtures creativity. It is very pleasing to see young lawyers thrive, from when they join through to taking a partnership. And the firm is big enough that there is space for people to develop.

In what practical ways do you support your team?

Examples of this is ensuring that if a team member needs time off work for family or personal reasons, they know they can talk to their team head about accommodating this. One of my team is going to become a father for the second time and he will need time off to be with his baby. Also, young women are no longer afraid to demand things and demonstrate their ambitions, I encourage them, and the young men in the team, not to be modest. I also look for ways for them to get noticed through, for example, presenting at industry meetings. Flexible working hours and being able to work from home has helped greatly in providing a balance between work and personal lives.

How has the world of technology law changed over your career?

Back when I first started, IT, data security, and the internet generally were not areas that many lawyers were concerned with. The few lawyers interested in this area were almost all men with an interest in software development and technology generally. When I started with privacy and data protection, the general view (especially among men) was that there was no money in it, it was a ‘soft’ option and it wasn’t going to go anywhere! Now privacy is an important area, especially since the arrival of the GDPR. I am one of the board members of the Dutch Association of Dutch Privacy lawyers which has recently been established. To become a member of this association, lawyers must have at least five years’ experience, show 500 billable hours spent on privacy matters, and follow the education requirements.

Is this why the majority of the names known in this practice area are women?

I think so. With the prevailing view that it was not a viable/commercial area, women took an opportunity to break in. So now, a lot of women have forged careers in this area and are some of the most experienced and sought after in the Netherlands. Of course, now there are many men too – the split is probably 50/50, at least within our privacy team.

What are the particular challenges in your practice area?

Data protection issues cut across all aspects of our lives and all practice areas. All practitioners in this area will have to collaborate with colleagues in both the private and public sectors. They generally also have sector specialisms; our team is focused on the retail sector, healthcare and life sciences, employment law and financial institutions. In the recent past, work was geared to advice on compliance (obviously the GDPR in particular). Work now is more concerned with enforcement by the national regulators, and also with when clients should notify the regulator and what to do in the event of a data breach. As we represent many multinationals, also the issue of the transfer of data out of the EEA is also a current, difficult issue.

Most lawyers in this area will tell you that Friday afternoons are when we are notified of data problems. Breaches under GDPR must be notified within 72 hours so there is very little time and we often have to work over the weekend. Hence the need that we have flexible working hours.

Those are the challenges, but what is the ‘upside’ in working in data protection?

I love the work and working with a young team. This is a highly specialised area that is going through constant innovation, clients are frequently coming to us with new questions for us to work on. I was doing IT law for 15 years before this area became what it is now and now I also have 15 years’ experience in privacy law – I feel lucky to have been able to do my job as a frontrunner in both areas.