The Principle - Issue 3 by AllAboutGroup

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2ND NOVEMBER 2015 ISSUE THREE ALLABOUTLAW.CO.UK

FOR ASPIRING LAWYERS

Spied on by the US

EU immigration crisis

Vacation scheme applications

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Transatlantic businesses are facing major upheaval following a decision from the European Court of Justice that declares the USEU Safe Harbour pact unlawful; a pact that allowed the freeflow of data across the Atlantic.

The European Convention on Human Rights’ capacity to bind states to its law has long been an ambiguous power. Following the ruling that same-sex unions are an international human right, Sofia Gymer looks at the case of Oliari and Others vs. Italy and how differing opinions on same-sex unions are dividing Europe.

A petition signed by a plethora of high-ranking legal professionals has been published, criticising UK immigration policy and responses to the EU migrant crisis. Why can't we strike the right balance on this issue?

A lack of exams means the autumn term is a great time to apply for vacation schemes. AllAboutLaw.co.uk explores the best way to approach an application: how to present yourself in the best light and avoid schoolboy errors.

Same-sex unions: Europe divided Y

ou’d have to have been living under a rock for the whole summer not to have noticed the monumental surge in the momentum of the LGBT rights movement. Both heterosexuals and sexual minorities celebrated across the land when the US Supreme Court ruled that gay marriage should be legalised across all of the 50 states of America with no exception, following the landmark case Obergefell v. Hodges. A month later, the European Court of Human Rights (ECtHR) concluded the case Oliari & Others v. Italy by declaring that same-sex unions are officially an international human right. Obergefell marked a pivotal moment in the history of human rights, affirming that in the eyes of US law, gay people

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in a relationship have entirely equal rights to those in a heterosexual relationship. In one fell swoop, the ruling legally bound even the so-called ‘Bible Belt’ to the change, a region containing notoriously the most conservative states in America due to widely practiced evangelical Protestantism. Recognising the significance of the moment, outpourings of relief and happiness flooded media outlets: Sir Ian McKellen, actor widely known for his role as Gandalf in The Lord of the Rings and longterm gay rights campaigner, posted a YouTube video of himself and a friend joyously ‘making it rain’ with multi-coloured Continued on page 4

the Principle

A note from the editors

Welcome to the third issue of The Principle, the commercial insight and advice newspaper written by the team behind AllAboutLaw.co.uk. The aim of the game this time is to prepare you for vacation scheme applications and get you pumped for National Pro Bono Week, which we're sure you’re eagerly anticipating. This issue includes in-depth features on LGBT rights, the migrant crisis, disability rights, data protection and the alterations to the bank levy, among others. The latter half is filled with tailored advice on vacation scheme applications, pro bono work, essay writing and an exclusive interview with a partner from Slaughter and May.

There is no Safe Harbour: the fallacy of online privacy In a world becoming more digitalised by the day, cyberspace and the regulation of its content is becoming ever more crucial. Sofia Gymer takes a look at the case Maximillian Schrems vs. Data Protection Commission and the destruction of the transatlantic Safe Harbour agreement.

COMMERCIAL INSIGHT WORDS Sofia Gymer PHOTO Mike Herbst

The Principle would not have its edge or quality without our contributors and the support of our sponsor, Freshfields. It is with sincerity that we want to say a huge thank you to everyone who made this possible. Looking back – and ahead – we're very excited about what the future of The Principle will bring. Until next time, good luck and enjoy! Sofia Gymer Editor, AllAboutLaw.co.uk Jack J Collins Editor, AllAboutCareers.com

With thanks to our sponsor:

Cover Image Italians joyously celebrate gay pride in Piazza della Scalla Square, Milan Credit: Giovanni Dall'Orto.

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rom Wikileaks revelations to the hacking of Ashley Madison, the realisation that our personal data online is increasingly vulnerable, and that the law surrounding Internet privacy is currently inadequate, has been an uncomfortable one. However, on 6 October, in what the Financial Times described as “a watershed moment in the transatlantic digital relationship”, the European Court of Justice (ECJ) made a landmark decision that is likely to change the landscape of data protection forever. In the case of Maximillian Schrems vs. Data Protection Commission, the ECJ found that the US-EU Safe Harbour agreement, a 15-year pact between the two continents on opposite sides of the Atlantic, was unlawful. The Safe Harbour agreement was a facility that allowed transatlantic companies to transfer data freely and legally across the Atlantic. Over 4,000 companies used Safe Harbour, including international giants such as Facebook, Google and IBM, which made it easy for them to transfer the personal data of Europeans to their bases in the US. The European Commission, in partnership with the US Department of Commerce, approved the scheme as a method of ensuring companies comply with the necessary standards of protection of personal data in 2000. The decision to makes this unlawful has great implications for all businesses, but particularly for social media networks such as Facebook whose very purpose are to act a platform for the sharing of personal information. The Safe Harbour agreement allowed companies to ‘selfcertify’ that they were agreeing to practice seven simple principles of privacy. Once certified, data collected from European citizens could be exported to the US - that's Facebook and Twitter posts for example, and further social interactions of millions of Europeans. Prior to this ruling, that data was free to store, process and then re-export without the protection of European privacy laws. However, following the ruling on Maximillian Schrems vs. Data Protection Commission, transatlantic companies must reassess their digital processes. It is rare for a private individual to challenge one of the tech

Issue Three

giants that resides in Silicon Valley, and even more rare that they are victorious. The financial implications for a private individual, challenging a corporation with a huge budget, are enough to dissuade anyone. However, this did not intimidate Maximillian Schrems, a former PhD law student of

“Congratulations, Max Schrems. You’ve changed the world for the better.” Vienna University. Since 2011, Schrems has launched a total of 23 complaints against Facebook and the conduct of the Irish Data Protection Commission. Schrems argued that the commission was wrong not to challenge Facebook regarding the transferal of data to the US under ‘Safe Harbour’. It was following a term studying abroad at Santa Clara University, situated in the heart of Silicon Valley, that Schrems made the decision to launch his four year long campaign. Reportedly, he made the decision upon listening to a talk by a privacy lawyer from Facebook, who was either blasé towards European privacy laws, or did not seem to grasp their full importance. The challenge facing Schrems was huge: his case was rejected by many data protection lawyers due to its scale and, of course, he faced the issue of funding. The Irish DPC, despite being the body who established to protect Europe1an data, would not support his case, deeming it “frivolous”. After founding the pressure group Europe vs. Facebook – essentially a one-man endeavour – he developed legitimacy and recognition. Succeeding this, he began collecting donations from

“many concerned citizens” across Europe and raised an impressive €65,000. Europe vs. Facebook posed the question: "Are EU data privacy laws enforceable in practice?" Schrems raised the issue of transparency, pointing out that data "removed" from Facebook is not actually deleted by the company. On the pressure group's website he writes: “Transparency is not only a question of fairness but it is also a principle of European data protection law.” Fundamentally, Schrems was concerned about European data being available to the NSA, allowing the US global surveillance first uncovered by Wikileaks and whistleblower Edward Snowden in 2013. Schrems states in his official ‘Initial Response’ that the victory is also over the Irish DPC, which now “has a clear duty to do its job and protect our privacy under EU and Irish law". The ECJ decision came just months after talks began regarding the tightening of the Safe Harbour agreement. During these talks, the amendments proposed were small; the only major demand from the European Commission was a guarantee on the use of the personal data of European citizens. But talks reached a standstill, with the US reluctant to give any guarantees. However, the ruling of Maximillian Schrems vs. Data Protection Commission states so clearly that Safe Harbour is unlawful that it is now unlikely that just simple amendments will be adequate.

WHAT DOES THE DECISION MEAN IN PRACTICE? On the day of the victory, Edward Snowden tweeted: “Congratulations, Max Schrems. You’ve changed the world for the better.” Many lawyers and businesses reacted with alarm: Eduardo Ustaran, European head of data protection at the Anglo-US law firm Hogan Lovells, said the ruling “effectively leaves any organisation that relied upon

Safe Harbour exposed to claims that transfers of personal data from the EU to the US are unlawful”. Mark Stephens of City law firm Howard Kennedy expressed frustration, condemning the NSA for "bugging and burgling the private data of foreign citizens”, and stating that “without that wrongdoing, the Safe Harbour would have been just that: safe.” Some of the largest companies, notably Facebook, Amazon and Google, announced they have already made provisions for the change in the law, allowing business to continue as usual. However, if an individual brought down the 15year Safe Harbour agreement, what is to stop these provisions being challenged too? The impact of the decision on smaller businesses and startups without the infrastructure to make technical arrangements like the tech giants is yet to be seen. Many fear that small businesses will have to further rely on the services of larger companies just to continue functioning, resulting in more business for the tech giants and actually disrupting their ability to compete with them. During the trial, Facebook warned that disruption of the transatlantic data flow would risk creating a "fortress Europe". Some spoke of a "Balkinisation" of the Internet, with data flow blocked by national boundaries. Andrew Dyson, head of global data protection and privacy at transatlantic law firm, DLA Piper, said in The Times: “We need to find a way of allowing the digital plumbing to function, or we risk falling back into an inward-looking, less collaborative world.” The comforting thing about Schrems' fight for privacy is the measured, informed manner in which it was conducted. Speaking to the FT, Schrems said: “I just take a legal perspective, this is no crazy personal thing… I don’t feel this is the thing that I want to do for the rest of my life.” However, one can’t help but wonder if this is what Schrems has accomplished by age 28, what else he can achieve.

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Below: Campaigners in Berlin don Edward Snowden masks during an Obama visit, in protest against NSA operation PRISM surveillance.

the Principle COMMERCIAL INSIGHT WORDS Sofia Gymer PHOTO Giovanni Dall'Orto

Will Italy ever pass legislation allowing for civil unions? Continued from page 1

confetti and Facebook tipped its hat to the decision by enabling a photo editing app that encouraged users to embellish their profile pictures with a rainbow filter. Human rights law is arguably the area of law by which legislative bodies are most held to account by the public. Within this arena the dialogue is often extremely emotionally driven because, intrinsically, law concerning the rights and equality of human beings directly affects us all; the insurance of basic dignity, equality, freedom and privacy is essential to both human happiness and a functioning society. Thus, Oliari has been heavily scrutinised. The success of Oliari was great, but in many ways less absolute than Obergefell ruling. The case is significant first and foremost for its achievement in furthering the legal equality of sexual minorities and the pressure it has put on the Italian government to legislate. However, Oliari’s second significance is in its shortcomings: the right to gay marriage was not included in the decision. This has attracted a lot of criticism for both the reasoning behind the judgement made and because, in some people's opinions, the decision was a missed opportunity which just did not go far enough. It is important to consider the broader implications of the ECtHR’s decisions. Why did the court not consider gay marriage a human right? What does the decision mean for the future? What does this say about the authority of EU law?

THE CASE & JUDGEMENT

Right Confetti falls from the sky as happy LGBT rights advocates celebrate gay pride in Piazza Duomo Square, Milan.

Three gay couples brought legal action against the Italian government because they believed legislation “did not allow them to get married or enter into any other type of civil union and thus they were being discriminated against as a result of their sexual orientation”. The couples cited article eight (right to privacy and family life), 12 (the right to marry) and 14 (non-discrimination) of the European Convention on Human Rights. The court ruled that by failing to provide “specific legal framework providing for the recognition and protection of their same-sex union", the Italian

government was in violation of article eight of the However, Giuseppe Zago, researcher of Comparative European Convention on Human Rights: the right Sexual Orientation Law at Leiden University described to privacy and family life. The judgement revolved the court’s methodology as “debatable”. In a similar around the notion of “respect” and noted the case dealt with by the same court, Schalk and Kopf discrepancy between the social reality of the couples v. Austria, the ECtHR found article 12 (the right to and their standing in law and “the importance of the marry) admissible, but then stated that marriage has legal recognition of de facto family life”. However, “deep-rooted social and cultural connotations which may differ largely from one society to another” and thus it “must not rush to substitute its own judgment in place of that of the national authorities, who are best placed to assess and respond to the needs of society”. He deemed the decision to find article 12 inadmissible, and not to use article 14 in conjunction with article 8, both a step backwards and a missed opportunity. Currently, only 24 of the 47 countries signed on to the European Convention on Human Rights have legal provisions for same-sex union or gay marriage. Out of the remaining states, Italy is the only major Western country that does not have such legal recognition. There are some provisions for cohabitation, but these have been exposed as largely the appeal for article 12, the right to marry, was found inadequate, particularly with regard to family related inadmissible due to marriage being defined in the issues such as inheritance. The Italian government, constitution as between a man and a woman. Article lead by Prime Minister Matteo Renzi, is now under 14 (non-discrimination) was not invoked. extreme pressure to pass legislation. This has been long promised by the PM but draft legislation has THINGS TO CONSIDER been continuously blocked by the conservative Senate. Perhaps now, under international obligation, Despite the strong hold that Catholicism still has in there may be some headway made. Ivan Scalvarotto, a Italy, polls in 2015 show that there is a majority in junior minister and long-term gay rights campaigner, favour of the legalisation of civil union. According undertook a hunger strike with hope to speed up to a poll by the European Institute of Political, the legislative process. Following Obergefell, he said: Economic and Social Studies, 64.4% believe all “The time has come to do something more to support couples, regardless of their sexual orientation, should those working to ensure Italy finally catches up with enjoy equal protection in the eyes of the law. However, Kentucky, or at least gets near.” the same poll shows that 59.2% of Italians oppose gay Many people are hopeful for a more liberal future marriage, up from 50.4% in 2014. for Italy, and a new, more moderate Catholic Church. The crucial difference between Obergefell and Oliari When questioned about gay priests within the Church is that the latter does not require governments to on his world tour, Pope Francis replied: “If someone recognise gay marriage, only civil union. In this sense, is gay and searches for the Lord and has goodwill, the ECtHR’s decision can be seen as sensitive and who am I to judge?” in touch with the fluctuating public opinion in Italy. Within the judgement, reference was made to

“If someone is gay and searches for the Lord and has goodwill, who am I to judge?”

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Obergefell v. Hodges, a positive sign that is indicative of the global and inter-institution conversations that are being held. However, the relationship of the ECtHR with member countries is far more ambiguous than that of the US Supreme Court with the federal courts regarding human rights. There are few things the court can do apart from eject them from the ECHR, which would achieve little.

WHAT ABOUT THE UK? Meanwhile in the UK, the law regarding civil partnerships is looking to be changed. Both marriage and civil partnerships are available to same-sex couples, but currently, heterosexual couples are not permitted to apply for a civil partnership. MPs, academics, social commentators and members of the public are calling on the government to extend the right to civil partnerships to opposite-sex couples. There are currently three million cohabiting couples in the UK, with 40% of these having children. A Ten Minute Rule Bill, a type of Private Member’s Bill, was presented by MP Tim Loughton on 21 October 2015 in the House of Commons. The bill calls for a tiny amendment to the Civil Partnership Act 2004, removing the clause that limits civil partnership to same-sex couples: “a civil partnership is a relationship between two people of the same sex.” A judicial review is taking place on 19-20 January 2016 in the High Court.

Polls in 2015 show that 59.2% of Italians oppose gay marriage, up from 50.4% in 2014.

2014

64.4%

49.6%

50.4% 2015 40.8% 64.4% believe all couples, regardless of their sexual orientation, should enjoy equal protection in the eyes of the law.

59.2%

Only 24 of the 47 countries signed on to the European Convention on Human Rights have legal provisions for same-sex union or gay marriage.

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the Principle

Raising the bar on immigration policy

Above right Leaving a life behind Syrian shoes abandoned in Budapest tell a story of loss.

n an unprecedented show of passion over the immigration crisis surrounding both the UK and the EU, over three hundred senior figures from the legal profession have declared that the government’s response to the crisis has been "deeply inadequate". Furthermore, they have stated that the number of refugees that the UK is accepting needs to be drastically increased, in order to regain the nation’s reputation as a place where refugees can feel safe and set up new lives away from the crises that drove them from their homes in the first place. Two former Lord Chief Justices, Lord Phillips and Lord Woolf, were foremost among the signatories on the Lawyers' Refugee Initiative, as well as many other former judges and lords. More than 100 QCs, partners at a variety of top city law firms, leading academic figures and Sir Nicolas Bratza, the former president of the European Court of Human Rights, have also added their names to the ever-growing list. What the petition protests is Britain’s numerical take-up of the refugees arriving in Europe: that David Cameron’s proposed 20,000 refugees a year is far too low, and at far too slow a rate. It also states that the rules in place and the penalties on those entering the company have created the inhumane conditions that

can be seen in Calais, and that it is our legislative policy which has led to the desperate measures being taken to enter the EU and the UK: people-smuggling, overloading of boats and unprecedented, often fatal, measures such as migrants hiding in the axle compartments of lorries. A former immigration judge, Catriona Jarvis, compared the current situation to that of the Balkan crisis. In a comment to the BBC Radio 4's Today programme she said: “Around the Balkan crisis we were receiving around 75,000 a year. It was within our capability. We managed it well.” She went on to say that the UK was "the sixth or seventh richest country in the world, it is not beyond our capabilities to make the necessary changes to receive our share. International protection: it is a shared duty, a shared responsibility.”

WHAT IS THE POLICY THEY’RE PROTESTING? British immigration policy is a two-headed conception. If you’re a member of the EU, there are almost no controls on entering the country, as movement is free within most EU member states. However, if you’re arriving from outside of the EU, it’s a much harder

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Rising rate of net migration to the UK. Source: NOS

298,000

318,000

330,000

Mar. 2015

260,000

Dec. 2014

243,000

Sep. 2014

With the government seemingly stuck between a rock and a hard place on the issue of Syrian refugees, and the clamours from both sides growing ever louder, heavyweights from the legal profession have waded in to criticise current policy. Jack J Collins explores what this means for the future and how the government can move forward on the issue.

Jun. 2014

WORDS Jack J Collins PHOTO Mstyslav Chernov

Mar. 2014

COMMERCIAL INSIGHT

path to negotiate permanent entry into the UK. These people must apply for work visas, and their entry is dependent on the qualifications that they bring to the table, as well as the demand for those skills. What this means is that it’s possible for a huge amount of net migration to occur from within Europe, based on the 1986 Single European Act and the 1992 Maastricht Treaty, allowing all European workers to live and work anywhere within the EU, in accordance with the single market principle. As such, net migration remains high despite exhaustive restrictions on visas isissued to people trying to enter the country from outside of the EU. When the Coalition came to power in 2010, it accused the previous Labour government of failing to protect the UK's borders – net migration reached a record high of 320,000 under Labour in 2005 – and promised to reduce this number to under 100,000. The Coalition placed a limit on immigrants coming in to the UK from outside of the EU, but because of laws passed in 1986 and 1992 (by Baroness Thatcher and John Major, incidentally), it could not do anything regarding the movement of workers within the European Union. While migration did drop in the early years of

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WORDS Jack J Collins PHOTO UK Home Office

Government rethink on entryism

the Eurozone crisis deepened at the same time as the UK economy began to recover. In fact, a new record high of 330,000 migrants arrived in the year of April 2014 to March 2015. The heart of the problem is that while net migration is still increasing, the number of refugees being granted asylum in the UK is extremely low compared to those of Germany or the Scandinavian nations. Those working for charities attempting to help the refugees, and now the legla professionals who have signed the Lawyers' Refugee Initiative, state that just because migration is at a high, we cannot turn away from doing the humane thing and taking our fair share of refugees fleeing a genuine humanitarian crisis in Syria and the Middle East. The government is, then, stuck between two groups: those who would allow the refugees access in order to provide them with a safe haven, and those insistent that net migration must be brought down no matter what the human cost. With the promises that the Conservative Party has made on drastically bringing down net migration over the course of its five-year term, the concern is that more refugees coming in is going to drive that number up, rather than down.

THE IMPACT OF THERESA MAY'S SPEECH Confrontation has been brewing for a period of time now, with each side refusing to budge. It’s also been brought into the public eye on a number of occasions, but most recently when the Home Secretary, Theresa May, gave a speech about immigration at the Conservative Party Conference in Manchester. Her speech, promising a huge crackdown on illegal immigration, tougher controls on visas and ‘safe return reviews’, which would lead to refugees being sent home if their lives were no longer deemed to be in danger, was criticised widely across the media and business worlds. The Telegraph called it "a thoroughly chilling and bitter attack", while the Institute of Directors accused her of "irresponsible rhetoric and pandering to anti-immigration sentiment". May claimed that mass immigration had undermined public support for refugees, which seems grossly out of touch given the scale of the appeal to help refugees in Calais and the calls for more refugees to be "welcomed here". The facts and figures the Home Secretary used to back up her claim that immigration forced down wages and forced British nationals out of jobs were in direct opposition to the findings of her own department last year; figures which suggested that immigration has driven

“The heart of the problem is that while net migration is still increasing, the number of refugees being granted asylum in the country is extremely low compared to those of Germany or the Scandinavian nations.” up GPD growth and that immigrants simply do not force Brits out of jobs. The director general of the Institute of Directors, Simon Walker, gave a cutting judgement on the Home Secretary’s speech, accusing her of putting personal political ambition ahead of the good of the country, and damaging the economy in the process. He stated that: "It is yet another example of the Home Secretary turning away the world's best and brightest, putting internal party politics ahead of the country, and helping our competitor economies instead of our own... The myth of the job-stealing immigrant is nonsense. Immigrants do not steal jobs, they help fill vital skill shortages and, in doing so, create demand and more jobs. If they did steal jobs, we wouldn't have the record levels of employment we currently do.” Roundly decried, May’s speech is perhaps the most prominent embodiment of a government stuck in limbo, incapable of deciding how to deal with a humanitarian crisis such as this. The high-profile petition from legal professionals will add further fuel to the argument, and with public opinion rapidly swaying on the matter, perhaps it is time the government reconsidered its position.

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Recently, the government has announced a huge drive against extremist ‘entryist’ infiltration of the public sector and media organisations, a key component of its new strategy to combat the rise of extremism in the national consciousness. The Home Office defines entryism as the attempt of extreme individuals or organisations seeking to gain positions of influence, which would allow them to push their own agendas and convince others of the validity of their ideas. The new strategy will begin with a review of a variety of public institutions, including all schools and colleges, as well as local councils and the civil service. From there, it will draw conclusions as how best to go about protecting these institutions from the entryist threat. Originally, the Home Secretary planned to vet all TV programmes before broadcasting, to prevent appearances by extremists. This has been amended: confrontations will now be made if people are given a platform to preach hatred and are not challenged on their veiws. More tellingly, an idea that has been removed from the revised plan is the published list of hate preachers. Rather than a list of names, the drive will instead include previous orders banning groups and individuals for an array of offences linked to extremism. This means that it will be easy to see which groups and individuals the public sector should not be engaging with because of their extremist links in the past. An interesting development lies in the counterterrorism idea that henceforth, spreading hatred will be classified as a criminal offence. This means that the spread of hate speech will now be a crime

"We will systematically confront and challenge extremist ideology, exposing it for the lie it is." - Theresa May

punishable by the legal system – a departure from the previous policies of this government. Theresa May stated that: “This strategy therefore addresses the full spectrum of extremism: violent and non-violent, Islamist and neo-Nazi – hate and fear in all their forms”. She went on to elaborate by setting out the aims of her policies: “We will systematically confront and challenge extremist ideology, exposing it for the lie it is. And we will thwart its destructive consequences. We will disrupt all those who seek to spread hate and we will prosecute all those who break the law.” May has been challenged, however, by various authority figures, including the Secretary General of the Muslim Council of Britain, Dr. Shuja Shafi, who believes that the policy will further alienate British Muslim communities. Shafi, who criticised the "McCarthyist undertones" of the proposals, wants a more integrated strategy to move past the threat of entryism and extremism.

the Principle COMMERCIAL INSIGHT WORDS Sofia Gymer

Are government disability assessments “fit to work”?

With the future of state provision seeming ever more uncertain, Sofia Gymer investigates disability rights in 2015. Is legal equality enforceable and how have government cuts to benefits affected the disabled community?

he matter of disability rights and their protection has re-entered the national dialogue with a vengeance. The recent flurry of media attention coincides with the twentyyear anniversary of the Disability Discrimination Act 1995 (DDA). A landmark piece of legislation, the DDA was the first Act intended to define and preserve the rights of disabled people. It was brought to and passed in parliament by William Hague - at that point a junior minister - as he joined forces with Sir Bert Massie, who was at that point chief executive of the Royal Association for Disability Rights, otherwise known as RADAR. Particularly at the time, the Act received mixed criticism: many campaigners felt disappointed or as if they had been sold out, because it was not the civil rights act they had hoped for; others deemed it a momentous success for disabled rights, and agreed that this was just the first step, which could be built upon. From 1 October 2010, the DDA was incorporated into The Equality Act 2010, an umbrella Act which combined almost all other anti-discrimination laws in the UK, including the momentous Race Relations Act 1976 and the Sex Discrimination Act 1975. The Acts were combined in order to make the laws easier to use. However, many advocates of disabled rights saw The Equality Act as a far more generalised piece of legislation; one which would ‘dilute’ the rights of the disabled, or drown their voice by placing them amidst a crowd. The question many are asking is whether the situation of the disabled has since improved or if it has reached stasis? Or critically, has the situation worsened in recent years?

What the DDA and Equality Act offered was the ability for disabled people to challenge unfair decisions by employers and institutions. Higher education is one area where the statistics clearly show that disabled representation has improved in recent years, rising from 3% in 1995 to 10% in 2015. This demonstrates that disabled people feel more comfortable in going to university due to improved attitudes and provisions. Worryingly, disability rights advocates speculate that increasing tuition fees and the fears to cuts in Access to Work funds may act as a deterrent to disabled people hoping to attend university in the future. Stability and predictability is important to disabled students who may be less flexible than others. The legal sector is particularly good at making provisions for disabled people in the workplace. According to the most recent Solicitors Regulation Authority (SRA) survey, disabled people are proportionally represented in the legal work place and these workers feel that adequate working provisions have been made for them. Equality extends beyond the legal condemnation of discrimination. Many disabled people rely on benefits to sustain their quality of life. There is no question that support from the state is essential to those genuinely unable to support themselves, such as those unable to work due to severe mental or physical disability. However, particularly in times of national austerity under a Conservative government, the word "benefit" is seen as a dirty one. There have been two major changes to provisions for the disabled: in 2013

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the Personal Independence Payments (PIPs) replaced the Disability Allowance, and the Incapacity Benefit was replaced by the Employment Support Allowance. These changes have come under much scrutiny, but it is in 2015 when their limitations have become most evident. In June 2015 the High Court ruled that the long waiting time for PIPs was both “unlawful and unacceptable”. Two people brought a case against the government after having waited over a year to receive PIPs, placing them in severe need. During the waiting time lawyers reported that one applicant only left the house once a week to visit the supermarket, where she would spend £8 on food, asserting that there were “clear failings” in the system. Of the almost 79,000 people waiting to hear if they can claim PIPs, 3,200 have waited more than a year, and 22,800 have waited more than five months. Eliot Dunster, head of policy, research and public affairs at the disability charity, Scope, commented: “Life costs more if you are disabled. Extra costs can make it extremely hard for disabled people to pay the bills. Every day without them is another day unable to afford the essentials in life.” Similarly, the ESA has been heavily criticised for its rigorous “work capability assessment”. The test is scorned not only for its stressful and reportedly aggressive nature, but also for its seeming inaccuracy. Students carrying out pro bono at the Avon and Bristol Law Centre revealed the shocking statistic that 95% of its 200 “fit to work” appeals were successful. The terrible nature of this success rate

Issue Three

3,2

Of the almost 79,000 people waiting to hear if they can claim PIPs, 3,200 have waited more than a year and 22,800 have waited more than five months.

“Life costs more if you are disabled. Extra costs can make it extremely hard for disabled people to pay the bills.”

lies in the fact that firstly, severely disabled people were wrongly told that they must work and denied support, and secondly in the stress that these legal proceedings put on some of the most vulnerable people in the country. These people would have felt that their lives, or at least their quality of life, were in the balance, a terrible affliction for anyone to suffer, but even more so considering that many were suffering from either mental health problems or chronic illness. Elaine Simmons, a client of ABLC, said: "I was so happy with the help I received and I don’t think I would have won without it. You made me feel real again, and like someone who has a place in society." (Read more on page 16). In 1995, the Disability Discrimination Act, delivered legal equality. This was reiterated by the Equality Act 2010. However, it would seem that currently, government policy is disrupting the enforceability of this equality by its shortcomings. Indisputably, whatever the state of the economy, the most vulnerable people in society must not be the ones to suffer for it. Simmons' comments demonstrate that self-worth can be regained when justice prevails, but she needed legal support to win her battle something many people do not have access to.

22,800

79,000

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the Principle ADVICE WORDS Sofia Gymer

Insider view: vacation scheme applications

WHAT DO SLAUGHTER AND MAY LOOK FOR IN AN APPLICATION? “Our application process is a CV and cover letter; candidates therefore choose how they present themselves. We look for strong academics (not necessarily a first) and people who have made the most of opportunities. Although we look for good 2.1s, we understand there may be the odd blip, or that someone may not have done as well in their first year but has pulled their grades up since then. We consider the bigger picture and look for potential. There are no specific extra-curricular activities or legal work experience we expect. You should be involved in things that genuinely interest you. If, for example, you needed to work in a supermarket to support yourself through your studies, that’s important to include. It shows commitment, time-management skills and that you’re a hard worker. When it comes to CVs, keep them clear, well-structured, concise and factual. Tell us what you did, where and when you did it. The skills you learnt tend to be fairly obvious and are something we could explore at interview. Equally, keep cover letters brief and only explain things that are not obvious from your CV.”

WHAT ARE THE TYPICAL MISTAKES THAT YOU’LL SEE? “Candidates referring to how much they want to work for another firm, or to a fact which clearly relates to another firm - for example, mentioning a transaction we weren’t involved in! Although we wouldn’t necessarily rule out a candidate because of this, it doesn’t create a great first impression and makes us

One Bunhill Row, London, EC1Y 8YY www.slaughterandmay.com

Training contract places: Approx 80 No of seats abroad: Approx 30 Required degree grade: Strong 2:1 First year salary: £41,000 Second year salary: £46,000 Post-Qualification salary: £70,000 Overseas offices: Brussels, Beijing and Hong Kong, plus ‘Best Friend’ firms in all the major jurisdictions

We spoke to Janine Arnold, trainee recruitment manager at Slaughter and May, to get the scoop on the vacation scheme process.

worry about their attention to detail. We understand mistakes happen, but encourage candidates to minimise this risk by asking someone to look over their application before submitting it.”

HOW MUCH PARTNER INVOLVEMENT IS THERE? “One of the factors that distinguishes Slaughter and May’s application process is how heavily involved partners are. A team of four partners reviews most applications. For vacation schemes you are interviewed by a partner and an associate. Afterwards, a partner presents your application at a meeting of interviewing partners before deciding whether to make an offer. The partners consider trainee solicitor recruitment to be an important part of their role - trainee solicitors are the future of the firm after all!”

ARE SOCIAL EVENTS HELD DURING THE VACATION SCHEME? “A number of social events are planned to enable the students to bond and to give them opportunities to talk with trainees, associates, partners and the trainee recruitment team on an informal basis. There is a drop-in breakfast, lunches, dinners, a trip to our Brussels office, a ‘Masterchef ’ competition and a communications workshop at the Young Vic Theatre.”

HOW ARE STUDENTS ASSESSED ON THE VACATION SCHEME? “We don’t have a formal assessment process. The focus of the scheme is to enable students to find out what City law is about

Winter workshops: • 2 x 2 day winter schemes • 14/15 and 21/22 December 2015 • Open to law and non law finalists and graduates Application deadline: 30 October 2015 Easter work experience scheme: • One week from 4 - 8 April 2016 • Open to law and non law penultimate year students

Training contract deadline: 29 July 2016 Application deadline: 18 December 2015

and if Slaughter and May is right for them. We aren’t continually assessing students; we want them to be able to ask questions and get a real understanding of the firm without worrying about how they’re perceived. Each student sits with an associate and will be involved in the work of that associate, who will write a few lines about the student - if they turned up on time, seemed interested, asked sensible questions etc. That’s it though.”

WHAT HAPPENS AFTER THE VACATION SCHEME? “All work experience students are offered the opportunity to interview. As there are no assessments during the scheme, students go through the same training contract interview process as any other applicant: a written exercise, interview with two partners including a discussion on a newspaper article and a short HR interview. The real benefit of undertaking a vacation scheme is to be able to more fully develop the logic and narrative around why you want to do commercial law and why Slaughter and May.”

WHAT IS A FINAL PIECE OF ADVICE YOU’D GIVE TO STUDENTS? “Research and spend time on each application. Submit fewer if it allows you to give your best to each. Good luck, and don’t be disheartened if you are unsuccessful - it is absolutely worth applying again. These interviews are great practice for training contract interviews. We’ve recruited many trainees who were unsuccessful at this stage.”

Summer schemes: • 2 x three week summer schemes in June/July • for penultimate year law students • 20 June to 8 July and 11 - 29 July 2016 • 1 x three week summer scheme in September • for penultimate year non law students • 30 August to 16 September 2016 Application Deadline: 7 January 2016 First year opportunities: • •

2 x one day first year open days 30 March and 7 April 2016

Application deadline: 29 January 2016

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Issue Three

Are you interested in a vacation scheme at Slaughter and May? ADVICE WORDS Sofia Gymer

Vacation schemes are increasingly being used to scout out the emerging talent, but just how important are they at Slaughter and May? Sofia Gymer interviews Robert Byk, one of the partners responsible for recruitment.

ith a name that begins with Slaughter, a word that denotes terrifyingly efficient annihilation, it’s unsurprising that Slaughter and May is one of the most conspicuous City firms in the law undergraduate psyche. The Magic Circle firm’s reputation for success precedes it; having achieved a somewhat epic status, competition for training contracts is increasingly fierce and therefore preparation is key. At some firms, completing a vacation scheme is integral to gaining a training contract. Nabarro, for example, recruits 98% of its trainees from its schemes and states openly that the chances of applicants who have not completed one are “non-existent”. But what are vacation schemes like at Slaughter and May? If you’ve not been on one, does that mean you shouldn’t bother applying for a training contract? AllAboutLaw.co.uk thought we ought to find out. So after a few calls, off I trundled down to One Bunhill Row with my camera, to get the lowdown. In the reception, upon the dark grey marble floor below a curved glass-walled staircase, lay an expansive and placid water feature. Understated, beautiful, but strangely formidable, the dark, still pool challenged observers who would never know its depth and reflected the stone around it. I couldn’t help but find it somehow symbolic. Soon after we arrived I was escorted up to a boardroom in a noiseless glass lift. Around the large table were 12 black leather chairs and the blinds were closed to protect the privacy of any clients who might be in the building. Robert Byk, one of the partners responsible for trainee recruitment, and Janine Arnold, trainee recruitment manager, entered the room. Both Robert and Janine were warm and approachable, while exuding energy and an undeniable air of intelligence. After setting up the shot and partaking in a bit of banter about home-life, we began.

WHAT DO YOU LOOK FOR IN A CV AND COVER LETTER? “A clear CV and a short covering letter. For you to describe your experience – who you are – remember, we’ve never met you before. We need to understand what makes you tick; what you find interesting; what you find enthusing and exciting. Also, any

interests, societies and work experience – it doesn’t have to be legal work experience. We don’t sit here and say that to get legal work experience, you have to have had legal work experience. We think that’s rather illogical,” Robert concluded with a half-smile. “A good application is one that says: ‘This is who I am.’ It’s clear, it’s understandable, it’s focused; there aren’t any large gaps or errors and we can see from it why you’re interested in law and why you’re interested in the vacation scheme.”

WHAT DEGREE OF COMMERCIAL AWARENESS DO YOU EXPECT? Frowning, he said: “The question of commercial awarenessand what it means troubles me. We expect a level of interest in business, and people who are able to exhibit interest in commercial law, but also just commerciality; how business works, how the world works. We don’t expect detailed knowledge of the stock market, or of products such as Bermudan flip-flop derivatives. That is stuff that we can teach or train. “What we’re looking for is people who are interested in the business world and its effects nationally and globally, because the truth is that those are the clients we deal with. If you don’t have an interest, it’s challenging for the rest of your career.”

HOW IMPORTANT IS A TAILORED APPLICATION? “We know and expect that candidates will be applying to other firms. However, we sort of like to feel as though the application is really to us. “Why? Well because we want people to have thought about who they are applying to. Critically, we think that tailored applications - fewer but better applications – are the way forward.” He continued: “Having said that, we will get applications that contain other firm’s names or express a desire to work in our Moscow office (we don’t have one). None of those applications are rejected automatically; all of them are read by a team of people, including partners. We know that people make mistakes… we would just love them not to.”

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WHAT’S THE DIFFERENCE BETWEEN A VACATION SCHEME INTERVIEW AND A TRAINING CONTRACT INTERVIEW? “The principle difference is that a training contract interview will be with two partners and a vacation scheme interview with a partner and an associate... Generally we try to hold vacation scheme interviews on campus so that we don’t disrupt term time. We don’t do a written exercise in that interview either. “Broadly speaking, the themes being discussed, the way we approach the interviews, the material we provide for it are very similar for vacation scheme and training contract. So, another benefit of the vacation scheme process is actually interview practice. “For that reason, we recommend that you apply to us. Not everyone who applies to us for a training contract has done a vacation scheme. Not everyone who is successful has done a vacation scheme and not everyone who does a vacation scheme with us is successful. The bottom line is that even if you were unsuccessful, you should not be put off applying for a training contract.” Slaughter and May runs vacation schemes, or work experience schemes as they are called at the firm, over Easter and the summer. The Easter work experience scheme is for penultimate year law students and non-law students. The scheme runs for one week, from Monday 4 April to Friday 8 April 2016. The summer schemes are much longer, lasting three weeks, and run in June and July. During a work experience scheme, a student will join one of the firm’s legal groups and share an office with an associate. Here they will be involved in, and gain exposure to, the associate’s work. In addition to legal work, the placement involves training sessions, workshops and interactive case studies. Furthermore, each student will be assigned a trainee solicitor who effectively acts as a buddy. The trainee is on hand to assist with work, answer any questions and help the student settle in. It’s not all work and no play though. Arranged social and networking events supplement the hard graft, giving students a chance to chat informally to other employees. Oh, and Slaughter and May also pay students £400 a week to keep them afloat, so that’s quite nice.

the Principle

COMMERCIAL INSIGHT WORDS Jack J Collins PHOTO Diliff

Banking on a resolution

July’s budget brought an end to the bank levy brought in after the recession. In its stead, the Chancellor has brought in a new tax, which has come under fire from national banks because it appears to give an easier ride to bigger corporations with lots of international assets. Jack J Collins investigates the arguments being put forward.

overnment legislation following July’s budget has divided opinion in the banking world, with analysts debating whether the profits delivered back into the government coffers are more important than the protection of smaller, national, banks. The bank levy, introduced in the wake of the financial crisis of 2008, is to be lowered drastically, and the imposition of a new tax on UK profits will be introduced from January 2016.

WHAT’S NEW?

Above The Bank of England, that describes its mission as to maintain monetary and financial stability in the UK.

The way in which the current levy works is through a systematic taxation of 0.21% on the balance sheet of each bank. This balance sheet takes into account the total assets of a company, as well as the equity and liabilities of shareholders (long and short term debts), at any given point in time. Under George Osborne’s new changes, this

levy will be reduced to under half of its current value, and by 2021, the levy will stand at just 0.1%. Importantly, from that year, it will lose its effect over any balance sheets not in the UK. Instead, all banks will have to pay a flat 8% tax on any profits over £25 million made in the UK, which will fill the revenue void created by the lessening of the levy. In an additional move which seems to strengthen the argument that Osborne’s primary focus is taking the pressure off multinational companies in order to maximise their attraction to staying in the UK, the overall corporation tax (which is the tax on all profits worldwide, if your company is UK-based), is to be reduced to 19% in 2017 and then again to 18% in 2020.

WHAT’S THE COST? Latest studies from EY suggest that the changes

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will rake in a huge £12 billion for the Treasury over the course of the next five years, which amounts to double what the government originally predicted. This, it is said, is due to the extremely conservative method of estimating the revenue used by the Treasury, in which estimates for growth and profits were based on the period of the last five years. It was the period straight after the financial crash that was being used to provide estimates, which dragged down profit margins to levels which are not as relevant in today’s market. The estimates that EY used are based upon far more recent conditions, and take into account the everimproving economy that we see today. An EY partner told The Times that the second estimates had been put together following a series of queries from their banking clients, which had put into question the methodology used in the estimates made by the Treasury.

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Facebook in trouble again

WHY IS THIS CONTROVERSIAL?

WORDS Sofia Gymer PHOTO Tech Crunch

£12bn EY's estimate as to how much the changing tax laws will bring in to the Treasury over the course of the next five years.

Rate of corporation tax in the UK

2015 - 20%

2017 - 19%

2019 - 18%

From Jan. 2020

- 0.10%

Proposed timetable of bank levy reductions

From Jan. 2017 - 0.17%

As such, it remains a huge moot point for those in the business world. Dan Neidle, a tax partner at Clifford Chance, supports the decisions whole-heartedly. He told the Financial Times: “The bank levy is simply a bad tax. It pushes business away from the UK, and it penalises banks for engaging in low risk business. Nobody will be sorry to see the back of it. Replacing it with a simple corporation tax surcharge makes much more sense.’’ On the other side of the argument stand most of the executives at the smaller UK banks, who feel that the 8% surcharge is going to hit their profits to devastating effect and stop them growing at a time where investment in UK businesses is supposed to be expanding. Andy Golding, group chief executive of OneSavings Bank told the Financial Times: “This tax is an ill thought through matter which panders to the big banks who we know have been lobbying hard on the bank levy... We are trying to grow, invest, create jobs and provide consumer and SME choice — but an additional tax dilutes earnings and gets in the way of all these things.” The British Bankers’ Association went further, criticising both ways of taxing the banks. Upon the findings of the EY study, a spokesman for the Association stated: “We welcomed the chancellor’s decision to amend the bank levy to reduce the damage it does to Britain’s biggest export industry. However, introducing yet another new bank-specific tax will reinforce fears that Britain is becoming a less attractive place for banks to do business. This is the fifth new bank-specific tax measure in as many years. We all want banks to take decisions for the long term. More industry-specific taxes create a climate of uncertainty that makes it harder for banks to take the decisions that create jobs and benefit customers.” With several British banks preparing to air their concerns over the coming weeks, it seems like the debate will rage on as to whether this tax is beneficial for the economy or simply a windfall for bigger corporations, in an attempt to make them keep their business in the UK.

The amount which banks will have to pay an 8% tax on profits, under the new proposals.

From Jan. 2016 - 0.18%

“We are trying to grow, invest, create jobs and provide consumer and SME choice — but an additional tax dilutes earnings and gets in the way of all these things.”

£25m

Current rate - 0.21%

By raising the tax rate on UK profits and simultaneously reducing the levy on worldwide profits, the change has been described as a ‘double-blow’ to local, smaller banks, while giving a huge service to those with most of their assets outside of the UK. When considered in tandem with the fact that banks such as HSBC and Standard Chartered have threatened to move their headquarters abroad in the last few months because of the impact that the banking levy was having on their business, it is easy to see why some smaller banks feel this is a change designed to help the worldwide banks and make sure they remain in the UK, while not fully considering the impact that it might have on local businesses.

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Facebook hit the headlines again this month, and not for good reason. It was revealed the multinational tech giant paid a measly £4,327 in corporation tax to HM Revenue & Customs this year, despite its UK revenues being almost £105m. That’s less tax than the average individual worker earning £26,500 per year. This revelation has veered the debate urgently back to the problem of tax avoidance by multinationals, and the lack of transparency regarding their profits. Facebook earns an estimated 10% of its global profits from British clients. By an arrangement known as the “double Irish”, these profits are channelled via its Irish international headquarters to an sister organisation in the Cayman Islands, a Caribbean tax haven which does not levy corporation tax. Much to critics' frustration, the corporation released a statement saying it is "compliant with UK tax and in fact all countries where we have employees and offices. We continue to grow our business

Mark Zuckerberg, one of five co-founders of social networking site Facebook. Personal wealth estimated at $38.6 billion.

activities in the UK". The company managed to avoid tax in Britain by handing out large bonuses and salaries to its employees, who received on average a wage of £210,000. This meant the company was officially making a ‘loss’ on British soil. So what is being done? Rules drafted by the Parisbased Organisation for Economic Cooperation and Development (OECD), known as the BEPS rules, will be used as the basis for new British legislation. After the International Monetary Fund’s annual meeting in Lima where the rules were agreed, George Osborne took to twitter, saying: “Taxes should be paid where profits are made... UK will lead by example and implement early.” These reforms are the product of a collaboration of over 60 governments. The new rules are designed to increase transparency, restrict the use of tax havens and seal loopholes. A commentator for The Times estimated that if all goes well, an extra £250 billion in taxes would be collected annually. For advice on how to handle Facebook and similar corporations, the government need look no further than Baroness Joanna Shields, the UK Minister for Internet Safety and Security. Shields has worked in senior positions at Google, AOL, Bebo and most recently was Vice-President and managing director of Facebook in Europe, Middle East and Africa. The revelation comes not long after the European Court of Justice deemed the 15-year-old transatlantic Safe Harbour agreement unlawful. The case Maximillian Schrems vs. Data Protection Commission was brought against Facebook by law PhD student Max Schrems, on the basis that European personal data may be subject to global US surveillance by the NSA.

the Principle

ADVICE WORDS Sofia Gymer

Vacation schemes: how to ace your application It’s no secret that vacation schemes are being used increasingly by firms to scout out potential trainees. The year 2015 has seen the number of trainees recruited from vacation schemes steadily rise to 40%, up from 35% in 2014 and 32% in 2013. Thus, the incentive to apply to these schemes is greater than ever.

Sell yourself.

You’ve got to showcase your experience and skills, both lawspecific and transferable. Whether you’ve joined the law society and taken part in mooting, worked in a café or managed to bag yourself some legal work experience, you should make it explicit what role you played and how this experience helped you develop as a person. What skills did you use and gain? What did you bring to the role? How did this develop your interest in a specific area of law? Mention it on both your CV and cover letter.

Writing law essays and doing loads of exams means you have great time management, research, analytical and communication skills! Don’t forget to mention any law fairs or open days that you’ve been to, even if they were at other firms. This shows initiative and proactivity.

2 3

Word count.

At this point, you wont be expected to have omnipotent knowledge of the legal industry, but as a potential trainee you’ll be expected to be able to follow instructions, and this is pretty rudimentary. It’s very tempting to try and write as much as you can to impress recruiters, but there wouldn’t be word limits if they weren’t supposed to be adhered to!

Quality not quantity.

As a general rule, less is more. It’s far better to send off five or six high quality applications, rather than 30 or 40 lacking that personal touch or a high quality finish. Tailor your application to the firm that you’re applying to. The recruiters at law firms look at vacation scheme applications every year and certainly know the difference between a good, bad, and unbelievably ugly application. Treat your vacation scheme application like a mini training contract application, because that’s effectively what the experience is preparing you for.

4 5

Be enthusiastic, but composed.

Composure is key to most things in life, but imperative to being a lawyer. You may well be wetting yourself at the thought of working for a Magic Circle firm, but don’t spell it out. Be engaging, enthusiastic and demonstrate your interest to the recruiter by showing you’ve done extensive research.

Don't be generic.

Vacation scheme online application forms ask a set of response based questions, such as: "When choosing vacation schemes to apply to, what criteria did you use and why do you believe that our law firm meets those criteria?" If you’re planning to respond to the application questions with standardised answers, please let us stop you there. Standardised responses stick out like a sore thumb and recruiters won’t even bother to read through a generic application, so don’t be afraid to show some personality! No jokes though, that’s just taking it too far.

Spelling mistakes or weird typos.

A massive no-no; this will probably get you put straight into the reject pile. Attention to detail is essential for any lawyer, so making these schoolboy errors will immediately make any recruiter or interviewer sceptical about your ability.

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7 8

It's worth it.

Irrelevant of whether a vacation scheme leads directly to a training contract, the experience that you gain will be invaluable. It will help you decide if law is right for you, which areas you might be interested in, and look good great on your CV.

Get checked or get wrecked.

Once you’ve drafted your CV and cover letter, get them checked over by a careers adviser at your university. It’s their job and they’ve helped thousands of students before you get jobs and internships. Take their comments or leave them, but it’s worth having an experienced pair of eyes take a look.

AllAboutLaw.co.uk’s Annual Research Report in 2014 found that 80% of aspiring lawyers believe that a vacation scheme will improve their chances of securing a training contract at that firm, and 49% that it will improve their chance at other firms.

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Are you one of the UKâ&#x20AC;&#x2122;s most employable aspiring lawyers? Join our employability programme now. Over the next six months, we will test you and find out how employable you really are. The best candidates will be invited to an assessment day with the top law firms in the UK.

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The power of pro bono, both its domestic social impact and its capacity to help students develop as lawyers, is no better demonstrated than by a project run by the Avon and Bristol Law Centre. The Legal Advocacy Support Project, run by student volunteers, won over £1 million in welfare benefits through appeals for clients who had been incorrectly deemed “fit to work” by the governments Work Capability Assessment. The project is run by students from both the University of Law and UWE, who prepare cases and then present them to the Bristol Social Security and Support Tribunal. The national average success rate for WCA appeals is 59%, however around 44% of individuals challenging the decisions have no legal representation. This clearly indicates that legal representation greatly improves the chances of a successful appeal. Shockingly, 95% of 200 cases appealed have been successful. Legal aid for welfare benefits work has become increasingly diminished. The need for legal support such as this is demonstrated by the construction of the cases themselves. In almost every case a medical report is requested from a GP. Ironically, this is something a client cannot obtain without a legal representative’s assistance, despite it concerning his or her own health. According to the law centre, the general demographic of the clients are older people who suffer from a combination of physical and mental health problems. For these clients, to pursue an appeal alone, or even with support, can be a source of intense stress and anxiety. Having a representativecan make it a far less intimidating experience.

Changing lives for the better Once a year the legal sector takes a moment to celebrate the incredible impact of its volunteer work. With National Pro Bono Week upon us, Sofia Gymer explores how and why students should get involved in pro bono projects of their own and the benefits it can bring.

WORDS Sofia Gymer

95% of “fit to work” appeals successful

ADVICE WORDS Sofia Gymer PHOTO Catherine Dunmore

HOW DOES IT WORK? Students can join in October, January and June. A solicitor or senior caseworker will train the first students each year to draft witness statements, request medical evidence, write legal submissions and represent clients in tribunal. Once practiced, these more advanced volunteers are able to train new volunteers, which helps to sustain the project. 15 students work on around 25 cases at a time. A paid caseworker checks all of the students written work before it is submitted to the tribunal.

WHY DO STUDENTS DO IT? For students, it provides the opportunity to work on real cases and make make a real difference to peoples’ lives, all while gaining invaluable work experience. Particularly in the case of the LASP, students felt an immense sense of emotional reward for preserving or improving clients' quality of life.

The Law Society shortlist for ‘Excellence in Pro Bono’ 2015 is: • • • • • • • •

Arnold & Porter Bernard Chill & Axtell Solicitors Freshfields Herbert Smith Freehills Hogan Lovells Lawford Davies Denoon Weil, Gotshal & Manges White & Case

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etween 2 - 6 November it will officially be National Pro Bono Week. For the 14th year in a row, the Law Society, the Bar Council and the Chartered Institute of Legal Executives (CILEx) have come together to sponsor a nationwide celebration of the impact of the widespread pro bono work carried out by those in the legal sector. Pro bono is shortened from the Latin term “pro bono publico”, meaning “for the public good". It involves lawyers, legal executives and law students giving up their time on a voluntary basis for people who need of legal assistance, but aren’t in the financial position to get the necessary support. The positive impact that this work has globally is immeasurable. So, this celebratory week is the perfect time for you to get involved, if you haven’t already! Access to legal support is integral to a just society and there are thousands in need. In recent years, the attention given to pro bono by firms and the media has escalated, both due to an increasing need for it and due to law firm’s increasing commitment to Corporate Social Responsibility. The policy on individual commitment to pro bono varies from country to country. Pro bono is particularly valued in the US due to the exceedingly high cost of legal fees across the pond. Arguably, it is the influx of US based firms into the UK legal sector that has encouraged this increasing commitment to pro bono by UK firms. The ABA

Issue Three

(American Bar Association) recommends 50 hours of pro bono a year and the Chief Judge of New York, Jonathan Lippman introduced the '50 Hour Rule’; those due to qualify in New York from 2015 must have completed at least 50 hours before they can qualify. In South Korea solicitors are legally required to do at least 30 hours of pro bono work per year. Failing to do so without good reason means that they must pay ₩ 20,000–30,000 per hour, which is the equivalent of 17-26 dollars per hour instead.

SO WHAT KIND OF PRO BONO WORK CAN STUDENTS TAKE PART IN? Despite the existence of National Pro Bono Week, pro bono work is carried out all year round and students can get involved at any point. The range of opportunities to carry out pro bono are as varied as those who need it; work ranges from advising in a law clinic to delivering presentations in schools to advocacy work, in a plethora of fields. University law societies are likely to already be involved in certain on-going programmes, and some even set up pro bono fairs, such as The City Law School Pro Bono Fair, where you will be able to find out all about them. The nature of pro bono is such that you may have the chance to meet face-to-face with clients and contribute to real casework, which is rare among early legal work experience. Interacting with a diverse range of people and clients, and gaining experience in drafting and researching ,will develop your personal confidence, as well as your legal skills such as negotiation, advocacy and public speaking. Almost all law schools will encourage students to set up their own pro bono project, if they have a cause or good reason to do so. For example, setting up a Street Law project, a legal advice clinic or looking into miscarriages of justice is something that can be undertaken by keen students at any time. This demonstrates initiative and leadership, as well as

the ability to work within a team. All of these extra skills are desirable in any future lawyer, and will improve your chances of securing training contracts or pupillage. If you’ve already decided that you want to get involved with a pro bono project, before you do, there are a number of things you should consider in order to make it a mutually beneficial set-up! It’s very important to find the right fit. Firstly, you should consider the amount of time you are able to commit to this project; you’ll have to be reliable, so the amount of time you need for your studies or any other activities should be taken into account before you start anything. Secondly, it’s far better to choose an area that you are interested in. Whether it’s human rights, environmental or any other kind of law, choose a scheme that will develop or build upon your pre-existing interests. Coincidently, this will be far easier to commit to! Competition for vacation schemes and training contracts is as fierce as ever. If you have demonstrated your commitment and interest in the law by becoming involved with pro bono, (especially if it's relevant to your choice of firm or chamber) then this will come through at an interview and is likely to give you the edge over other candidates. It’s a great way to ‘showcase’ your expertise in the area of law you wish to pursue, while providing a useful service to the people that really need it.

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IN FOCUS... WHO WHERE CAUSE

Oxfam Lawyers Against Poverty Tajikstan The empowerment of vulnerable communities in Tajikistan

Launched on 18 June 2015, Oxfam Lawyers Against Poverty is a collective of lawyers who identify crucial legal projects that will aid the poorest and most vulnerable people. These lawyers pool their combined skills and funding to give individuals greater knowledge of their rights, and provide the access to justice that will help them break free from poverty. Oxfam focuses on the economic and legal empowerment of rural women in Tajikistan, because these communities are some of the poorest and most disenfranchised in the region. Heavily reliant on remittances, the Tajikistan male population regularly migrates to Russia for work – leaving women behind to manage and provide for the households. Literacy rates are dropping in rural communities, and greater assistance is needed to support the country’s legal profession, including through education.The objective in Tajikistan is to put in place a

twinning project, which aims to link female Tajik lawyers with lawyers in Europe in order to exchange ideas and find solutions together. They aim to strengthen the skill set of Tajikistan’s lawyers by sharing best practices and supporting legal education development. This twinning project between lawyers around the globe will be the first of its kind. Students can contribute to these projects, and support Oxfam's work ensuring access to justice and ending poverty, at oxfam.org.uk/ donate/lawyers-againstpoverty. Catherine Dunmore, international arbitration lawyer in Paris and volunteer, encourages students to get involved: “Students can join Lawyers Against Poverty and have the opportunity to vote for legal projects, help steer the strategic direction of Lawyers Against Poverty, volunteer with us, join a Working Group on specific legal areas, carry out research and attend events.”

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How to make the most of your law society

ADVICE WORDS Sofia Gymer

There are two types of education at university: academic education and that from the ‘school of life’. Sofia Gymer explores how your university law society can be the facility to combine these and help to give you the practical skills essential to being a successful lawyer.

n addition to fabulous law balls, university law societies host a plethora of useful events and workshops - as I’m sure you’ve realised already. During your time at university, it’s essential to make use of the facilities on offer; designed to cater for law students, they enhance the academic programme by providing the opportunity to develop the practical skills and soft skills that you’ll need to be a successful lawyer. The activities and events available will vary between universities, but at their very best offer invaluable access to employers, cutting edge information on the legal industry and entry to skills based competitions that put the students who partake in them at the top of the graduate pile. Almost every law society will have a website, which will have a calendar or noticeboard where all of the upcoming events are scheduled into the academic diary. Careers events and summits held by university law societies are even more important to attend than standard careers fairs. They offer careers advice that is tailored to law students’ needs and wants, and are likely to be attended by representatives from the top law firms, who are looking to attract fresh talent. You should view this as an opportunity to survey the firms that are out there and what they do; chat to graduate recruiters and reps to get a feel for the culture of the firms that you are interested in; attend workshops and talks; probe for work experience opportunities and make contacts. For example, the University of Warwick holds two career summits each year, to which they invite guest speakers from many different areas of law, from commercial to human rights, and from other industries such as consultancy and government. During a summit they also hold skills-specific sessions and spaces to discuss broader topics such as: ‘How important is diversity in the workplace?’ and ‘What does the future of the Bar look like?’ Attending talks such as these are the perfect opportunity to gain commercial insight and knowledge that other students will not have – the kind of

What can I get involved in? • • • • • • • • • • •

Careers fairs, summits or workshops Networking evenings, dinners and fairs Skills competitions (negotiation, mooting and debating) Law firm open days Writing for a publication Pro bono projects Social activities (balls, sports teams, nights out etc.) Becoming a committee member Varsity (inter-society skills and sports competitions) Trips to law hubs (e.g. Supreme Court) Diversity networking fair

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insight that will impress at an interview. Furthermore, talks given by potential employers will help you to get an idea for the opportunities available, and importantly which qualities that firm values the most and what they look for in future candidates. You may also have the chance to ask questions to graduate recruiters or even partners. Perhaps the most valuable opportunity offered by law societies is the chance to gain practical skills. Impressive academic grades and commercial knowledge are both very well, but being able to put that to good use in a real life situation will be a game-changer at an assessment centre or on a vacation scheme, as well as preparing you for working life, of course. Moots, negotiation competitions and debating competitions act as safe arenas in which you can flex your legal muscles without anybody getting hurt. Mooting is increasingly being incorporated into law courses, but at many universities remains an optional activity. Regarded as the closest ‘classroom’ experience a student can have to appearing in court, mooting allows you to develop your advocacy, public speaking, researching and presentation skills. Rather than being a ‘mock trial’, mooting usually consists of debating a question of the law in a trial where the evidence has already been tested. If you want to pursue a career in the Bar, chambers will be looking for students with developed oratory skills and experience such as mooting. Similarly, negotiation competitions offer the perfect opportunity to hone important skills such as team working, flexibility and professionalism. In reality, the majority of work is non-contentious and settled outside of court, so the ability to negotiate is paramount for all aspiring solicitors. The best lawyers are able to both take initiative and assume leadership roles. Becoming a member of the law society committee will demonstrate these qualities to future employers. Unsurprisingly, competition for these roles will be fierce because many students will want this opportunity and the chance to have greater say in what’s organised. If you miss out on a committee role there are many other ways you can show initiative, such as organising pro bono project or external mooting. It is likely your society will already be involved in pro bono projects but it should readily encourage students to set up their own, such as a Street Law project or advocacy for a specific cause. Similarly, it is likely that internal moots will already be organised, but if you love to moot you should consider approaching the academic in charge of mooting to let you or help you to organise an external event. Academic work comes first, so don’t bite off more than you can chew, but you should also be aware of the options available and how they can help you. Being pro-active is both rewarding and good for your career, and you’re also likely to make some great friends along the way.

Issue Three

Where can I do a vacation scheme? Location is an important aspect to take into account when you’re applying for work experience. If you live in Glasgow, you might not be too keen on a vacation scheme in Southampton – that’d be a pretty long commute. To help you out, we’ve compiled a nifty little map that charts 16 cities where you can find schemes.

ADVICE WORDS Sofia Gymer

GLASGOW DWF

EDINBURGH DWF Shoosmiths

NEWCASTLE Bond Dickinson DWF

LONDON

LEEDS Bond Dickinson DLA Piper DWF

MANCHESTER

SHEFFIELD

DLA Piper DWF Shoosmiths

DLA Piper Nabarro

LIVERPOOL

CAMBRIDGE

DLA Piper DWF

NOTTINGHAM

Mills & Reeve

NORWICH

Shoosmiths

Mills & Reeve

BIRMINGHAM DLA Piper DWF Mills & Reeve Shoosmiths

Ashurt Baker & McKenzie Berwin Leighton Paisner Dechert Dentons DLA Piper DWF Farrer & Co Freshfields Herbert Smith Freehills Holman Fenwick Willan Hogan Lovells Irwin Mitchell King & Wood Mallesons Mayer Brown Nabarro Olswang Reed Smith RPC Shearman & Sterling Simmons & Simmons Skadden Arps Slaughter and May Weil Gotshal & Manges

White & Case

MILTON KEYNES Dentons Shoosmiths

BRISTOL Bond Dickinson

SOUTHAMPTON READING Shoosmiths

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Bond Dickinson Shoosmiths

the Principle

Smriti, a lawyer in our Dispute Resolution group

How many lawyers do you see? At Slaughter and May we train each of our lawyers to be a multi-specialist, equipped to advise on a broad range of legal matters that at other firms would be handled by a number of different lawyers. We donâ&#x20AC;&#x2122;t pigeonhole our people â&#x20AC;&#x201C; we think that the broader the training and experience, the better the lawyer. Our lawyers have a varied and interesting workload and ample opportunities to develop close relationships with clients and become their trusted advisers.

We have built a reputation for delivering innovative solutions to difficult problems. This has been earned because each of our lawyers advises on broad legal areas, combining experience gained on one type of transaction to solve problems in another. We welcome applicants from all academic disciplines who achieve strong 2:1 results or the equivalent. To find out more, you can apply for one of our Open Days, Work Experience Schemes or Workshops. For more information about a legal career with a difference, visit slaughterandmay/joinus