There has been many an article written in recent years about the constant changes at the Bar and how chambers should adapt. As a service industry, being cost effective, offering and maintaining a high standard of excellence should be the focal point of any set’s strategy while also remaining ahead of the game.
A growing number of sets are doing just that; whether it be lateral growth, international reach, or expansion in specialist areas – the competition for legal services has increased dramatically and each chambers must find a way to differentiate itself.
To do this, more and more sets are taking inspiration from law firms, both in how they market themselves and the services they offer. Moreover, the solicitor-barrister relationship is one with fewer barriers than ever before; an exciting, refreshing change which allows more ideas to be brought to the table for the benefit of clients. But where does that leave the traditional clerks’ room?
What is a modern-day clerk?
The running of chambers as a commercial business – while still retaining important traditions at its heart – is still a relatively new phenomenon. Integral to this model are the clerks, who should be seen as business leaders in their own right.
More than ever, the modern-day clerk should have a sophisticated, professional approach to their role. Be entrepreneurial and ambitious with an absolute focus on client care and development; and don’t forget to positively communicate innovation and be a driving force in how chambers conducts itself.
And yet, for a clerk to be successful, they must have the full support of chambers’ members, practice groups, and management committees, as well as being given the opportunity to work closely with, what is now common, a director of clerking or chief executive.
I am fortunate to have been a part of traditional clerk’s rooms and learnt from some great senior clerks. I have witnessed different styles in some great forward-thinking sets. What was common in each, however, was that barristers and clerks in each set were encouraged to express themselves, develop business, and try out new ideas to raise their reputations. For example, identifying gaps in chambers not only benefits clients but can also change the perception of chambers in a positive way.
Of course, every set has a different expectation, ethos, and brand. A clerk must understand what the set actually is, its current limitations and mechanics, its specialisms, as well as both its strengths and weaknesses. Beyond that, having the foresight to see where you can take your set in the long term – and the likely obstacles along the way – is what sets great clerks apart and benefit chambers.
Clear insight into what makes each area of law tick, its demands and client needs, preparation, strategic planning, and ongoing knowledge sharing is of upmost importance and a clerk must inject a level of energy throughout their chambers by communicating progression.
I would suggest 70% of business development can be done from within. Any information is good information; it is how you digest and act on it which makes a difference. At Coram, we recently capitalised on a unique opportunity and launched an additional base in Zurich, Switzerland. This allows us to advise on UK law and applicable international law – complementing our international family law practice, as we have a growing private client and dispute resolution offering.
Complacency is your biggest mistake
As a modern clerk, you should always remember that there is more than one angle to consider when looking at a new idea. You may find your idea benefits a member, practice area, client, or someone else in your network – the latter must never be disregarded. It is important to be on someone’s radar in business; you need as many friends as possible, so a quick coffee or chat can go a long way.
It is quite easy to become complacent, but taking clients for granted is the biggest mistake you can ever make. Conduct regular client analysis and regular contact is key. It is imperative you not only build a stronger rapport but improve your service through feedback and implementing change where necessary. Obtaining a deeper knowledge of an instructing firm, its practice areas, clients, and ambitions may lead to further opportunities down the road.
There is a huge appetite for clerks to evolve, with relevant external courses and training is readily available if you know where to look. Many clerks have now completed business or marketing degrees and diplomas to further develop themselves as the next generation of clerking leaders. Adding another layer to your skillset gives you the tools needed to keep up with the demand and ever-increasing changes to your role.
And finally, our ingenuity and transferrable skills can add benefit to other areas within the legal sector, too. Just consider the likes of Paul Martenstyn joining litigation funder Vannin Capital as its new UK managing director (see fivehundred issue 03) or Owen Lawrence becoming the CEO of the new International Arbitration Centre in London. Just something else for the modern-day clerk to consider.