The Principle - Issue 1 by AllAboutGroup

Issue 1. Feb 2015

brought to you by

ISSUE 1. FEB 2015

Commercial insights and fundamental advice for aspiring lawyers

Free

P8 Technically Legal

How is technology affecting the legal industry?

P10

Heading for Divorce? What does the future hold for the UK/EU relationship?

Secure a Vacation Scheme Tips from the top

P14

Scottish Referendum Fallout How could the referendum result affect public and constitutional law?

Issue 1. Feb 2015

A NOTE FROM THE EDITORS Welcome to the very first issue of The Principle. We’re really excited to present to you this brand new offering from the AllAboutLaw.co.uk team.

Billy Sexton – Editor, AllAboutLaw.uk

Jos Weale – Editor, AllAboutLaw.uk

The editorial team has worked hard to ensure this publication is packed with probing features into current topics affecting the legal industry and authoritative advice for your future career in law. We wanted to provide you with thoughtful, current articles on a whole manner of subjects to get your brains ticking. From political milestones and contentious issues, the impact of which will resonate in legal issues and cases in the months and years to come, to industry insights and tips from experienced lawyers and law firm recruiters, there’s plenty here to enhance your commercial awareness. A huge thank you to all of this issue’s contributors; from trainee solicitors and partners to graduate recruiters and legal publishers. Their comments and support lend The Principle an insightful edge, giving you the best chance possible of securing a vacation scheme and, ultimately, that all-important training contract. We hope you enjoy reading this debut issue!

IN THE LIMELIGHT

TECHNICALLY LEGAL Advancements in technology throughout the ages have never failed to keep the law on its toes, and never more so than in today’s digital age. Jos Weale investigates some of the ways in which technology and scientific advancements are affecting the legal industry and those who work in it.

AllAboutLaw.co.uk

Issue 1. Feb 2015

s the internet and digital phenomena become ever-more integrated into the ways in which we live, work and communicate, we’re all witnesses and

players in an increasing number of scenarios and scientific speculations that pose challenges within legal work.

Monkey business Take the curious 2011 incident of the ‘monkey selfie’, for instance: a full-blown copyright dispute surrounding one man’s camera, a supposedly slightly narcissistic macaque and the resulting usage of the created image. UK photographer David J. Slater was in Indonesia photographing macaque monkeys when some of them got hold of his camera, and one particular monkey managed to capture the perfect selfie. The media went crazy for this image, and it was eventually added to Wikimedia Commons, a U.S. website which allows public free usage of the images it has to offer. Slater protested to this and submitted a takedown request, or that Wikimedia pay for the image’s usage. Wikimedia refused, stating that there was no copyright infringement as there was no copyright for the monkey’s photo. The David J. Slater vs. Wikimedia case stirs issues for debate surrounding ownership of animal-made art copyright, and not just because the term ‘selfie’ has made it into the Oxford English Dictionary. Copyright is owned by the author or creator, however, the creator of this image is, in this case, an animal. The monkey is therefore in UK law not recognised as a legal person, and therefore either a creator or owner of copyright. The plot thickens with the question of whether Slater could still be considered an owner of copyright owing to the fact that he was the owner of the digital camera used to create said-selfie, and his argument that he ‘set up’ the photograph, with the monkey effectively playing the role of an assistant in this view. And then there’s the viewpoint that the image could be ‘computer-generated work’, and further debates over image rights and publicity, or data protection rights, which opens up a whole new can of legal worms…

Neuromyths and the law New cases and challenges in legal debate facilitated by developments in technology and science don’t stop with the natural world’s rendezvous with the digital world in this sense alone. Research and developments in areas like genetic engineering and the prospect of emerging technologies such as cognitive enhancement, Google Glass and augmented reality are presenting some amazing possibilities, which can also be seen to reflect dystopian concepts and matters of ethics and morality. Lawyers of the future could well find themselves delving into new depths of debate relating to bioethics, privacy and responsibility. For example, what if we could all readily enhance our intellect or concentration levels through supposedly harmless drugs or procedures such as transcranial direct current stimulation (tDCS)? Some researchers are investigating these

possibilities, and if the ‘neuromyths’ do become a reality then a new wave of legal cases could open up. Could we be looking at an increase in cases regarding negligence, coercion or discrimination if cognitive enhancement were to become part of our working lives? And how much could neurolaw and its impact on sentencing potentially develop as we learn more about the brain and mental disorders? It’s an intriguing prospect.

The social media factor Then there’s the issue of social media. Nowadays we have considerably more communication platforms to consider in both our personal and professional lives. The magnitude and impact of these platforms and networks have boomed drastically in a matter of a few short years. Highly usable, and effectively faceless interfaces, these platforms can pose as a playground for unconscious transgression. By publishing opinions and comments on social media, individuals can at times be unknowingly in breach of the law, highlighted by the former Attorney General Dominic Grieve QC’s announcement to release new guidelines for social media back in December 2013. Add the privacy and confidentiality risks social media and technology can facilitate, and there’s a huge array of potential new cases.

The workplace is a-changing… Naturally, technology is also transforming the way in which lawyers go about their business on a day-to-day basis. In an RBS survey published in April 2014, 82% of law firm respondents stated that they regard IT as a source of competitive advantage. Without a firm finger on the pulse in technological developments, it seems firms stand at risk of falling behind on the demands of clients and the ways in which client care is developing.

“Technology has created a near revolution that has been impossible to escape. The legal community, not famed for being a technical innovator, is feeling the wave of demand from lawyers across the age spectrum but, more importantly, from the client,” explains DWF’s Chief Technology Officer Richard Hodkinson. “Recognising that the client has started to develop a taste for more tech savvy professional support has not gone unnoticed. The business has a rapidly developing portfolio of products and tools for clients to use to fit the way they want to work.”

“In today’s media savvy world the risk of employees getting into hot water and even damaging the reputation of their employer is increasingly risky,” explains DWF employment lawyer Judith Firth. “A consistent theme in tribunal cases involving social media related dismissals is the risk to reputational harm that a company is exposed to by the actions of its employee which, in turn, is linked to the degree of circulation. Employers need to decide where to draw the line so that employees understand the boundaries. Having a well-designed social media policy is the starting point but continued training, education and employee engagement is also paramount to protecting a business… There can be no guarantees for employers seeking to protect their business, however, they should put themselves in the best possible position with well drafted contracts and policies.”

In practice, this means that the way lawyers work is radically changing. “Recently a partner in my team ‘Facetimed’ a client who was on holiday in Antigua,” Shoosmiths trainee solicitor Charlotte Jenkins explains. “This also works in reverse, as remote access allows lawyers to respond to client queries when not in the office.” She also highlights the way in which legal research is changing. “Up-to-date legislation is readily available at the touch of a button. Information solutions such as LexisNexis and Westlaw hold reams of information, speeding up legal research and, in turn, triggering faster responses to clients and enabling transactions to move to a swifter conclusion. Who knows; perhaps the future will see Skype become commonplace and Lexis and Westlaw using voice recognition to aid legal research even further.” There are plenty of uncertainties about where technology could eventually take us. But one thing’s for sure: the legal industry will have to rise to the challenges, and today’s budding lawyers will have to be ready for anything.

TMT LAW TIPS A mixture of intellectual property (IP), contract and regulatory law, technology, media and telecommunications (TMT) law is evolving rapidly. Partner in Reed Smith’s media and technology group, Gregor Pryor, and Andrew Cave, Associate in TMT law at TLT Solicitors, provide their insight and tips.

GREGOR

ANDREW

“If you’re interested in the intersection between

Be inquisitive: take a look at some of Samsung’s

creative culture and intellectual property then this

patents, for example.

sector might be for you.” Learn how things are drafted – read Facebook’s “As the internet becomes the dominant mass

medium, we are seeing a lot of debate concerning digital distribution and how creators and

See how businesses commercialise their IP (read

distributors should get paid. It’s fascinating. What’s

The Economist’s “Technology Quarterly” publication).

more, smartphones are an incredibly powerful force in our industry today.”

It is difficult to deal with a software dispute without some understanding of, or willingness to learn, programming techniques. So an ability to quickly understand how technology works is very helpful.

AllAboutLaw.co.uk

Issue 1. Feb 2015

LIFE AS A LAWYER

THEN AND NOW

Ever wondered how your prospective training contract compares to the training top law firm partners undertook? Jos Weale takes a look into how the trainee solicitor experience has changed and developed…

Application process

Training Right now, a training contract with a law firm typically lasts for two years, following completion of the Graduate Diploma in Law (GDL) if the applicant is from a non-law degree background, and the Legal Practice Course – the year-long vocational course which is mandatory for all aspiring lawyers who wish to undertake a training contract. This two-year period also features regular performance reviews and at least three appraisals. In Michael Chambers’ 1986 publication Managing Your Career in the Law, it states, “The areas of law in which articled clerks [i.e. trainee solicitors] are expected to gain experience in

at least three of the following: company & commercial law, family & welfare law, criminal litigation, non-criminal litigation, local government law, magisterial law, property law (including landlord & tenant), taxation, and wills probate and trusts.” Though trainees are still required by the Solicitors Regulation Authority (SRA) to gain experience in at least three areas of English law, and develop skills in both contentious and noncontentious areas of practice, the majority of City and international firms now tend to swing the focus onto areas of commercial law and banking and finance law. Trainees will generally cover a broader range of areas.

“Trainees’ final seat will be with the team where they qualify so they are best placed to hit the ground running as a newly

Trainees-to-be of today can expect to face tough competition for training contracts. Lynn Knight, Partner & Training Principal for Solent at Shoosmiths clarifies:

“I completed my training contract 20 years ago. Over that time, there have been significant changes in the legal profession; some for the better, but also some for the worse. The current legal recruitment market is extremely difficult for graduates because supply so greatly exceeds demand. 20 years ago, supply and demand were more evenly matched.” However, those who are lucky enough to secure a training contract will join a profession that is “more modern, progressive and nonhierarchical than it was 20 years ago”.

As for the application process itself, there have also been extensive developments. “The application process now compared to the late 1980s when I was applying is immeasurably more rigorous,” explains DWF’s James Szerdy. “Rather than possibly having to go through two interviews following submission of a CV which seemed the norm then, we now have multiple layers comprising a detailed prescribed application form, video interview, initial interview, half day assessment centre and finally a half day with board members and other senior partners.

“However, the process is not just aimed at identifying the best candidates from those who apply, it is also about attracting the best candidates in the first place. We invest a lot in our trainees as we see them as an integral part of the business now and in the future, and not merely a cost effective resource.”

qualified. Through our JAMES SZERDY Graduate Recruitment Partner and

we ensure that our future

James Szerdy went through the law firm

trainees work together as

application process in the late 1980s. Now a Graduate Recruitment Partner and Corporate & Banking Partner at DWF, he’s heavily involved in trainee recruitment for the firm. ”For a number of years we have adopted a six-seat/ four-month rotation in order to provide the trainees with as wide an experience as possible.

a cohort prior to joining us so we engender a collegiate approach, and they are invited to events

Nick Willis, Partner at PwC Legal, started out as an ‘articled clerk’ in 1985... Back then, trainees were known as articled clerks and my actual articles were bound by lovely green tape. My interview involved meeting two partners who took me to the pub, so the impression was that I was being tested on my table manners as much as any other abilities. Historically, trainee interviews have tended to concentrate on questions such as, “Why do you want to be a solicitor?” and “Why did you choose your degree (for non-law graduates)?” These are important areas but at PwC Legal we are also now interested

preferred LPC provider,

Corporate & Banking Partner at DWF

MY EXPERIENCE

in digging down into what you’re really like, what

The Professional Skills Course (PSC) was first introduced in 1994.

drives you and how you would deal with different situations. It is important that for the trainees we take on there is a good fit. Our trainees recognise that the experience they gain includes being a business advisor and not just a lawyer. Our recruitment reflects that.

in the lead up to starting their training contracts.”

AllAboutLaw.co.uk

Issue 1. Feb 2015

Professional development A mandatory training contract element that some partners may not have experienced in their training contract period is the Professional Skills Course (PSC). The PSC was introduced into solicitor training in 1994, and all trainee solicitors are required to pass it before they can qualify. It involves three core modules, which must be passed, as well as 24 hours’ worth of electives. The core modules are Client Care and Professional Standards, Advocacy and Communication Skills and Financial and Business Skills. Other features include the inclusion of even more in-house structured training programmes and seminars geared towards both trainees and newly qualified solicitors, which is a relatively new addition for some firms. In departments such as corporate law or banking and finance law, for example, trainees may need to attend mandatory additional seminars to prepare them for work in these particular areas, the specific client and industry challenges they’ll face and how to deal with them. But despite these developments, when it comes to what is expected from today’s trainees there are many things that remain a fixity. Training Principal and Insurance Partner at DWF, Carl Graham, states, “Strong academics are a given so candidates must show their commerciality during the recruitment process and throughout their training. Trainees must understand a client’s business and commercial objectives.”

“Trainees are encouraged to network and develop lasting relationships with colleagues and clients,” Mr Graham explains. “New recruits at intermediaries and clients are the leaders and decision makers of the future. Trainees need to show that they are the sort of person clients will want to spend time with and can rely on.”

ROUTE TO BECOMING A LAWYER 1. A-LEVELS

At least three top A-level grades (or to give you the best start possible. Law firm recruiters assess A-level results as well as degree classification.

2. UNIVERSITY: NON-LAW DEGREE 3. UNIVERSITY: LAW DEGREE (LLB)

An LLB is not essential to become a lawyer. Non-law graduates are sought after too! Aim for at least a 2:1 degree classification.

NON-LAW DEGREE

An LLB covers core areas of law plus

LAW DEGREE

This degree means you won’t have to 2:1 degree classification.

Penultimate year work experience

In terms of trainees’ attitude and attributes, too, Mr Graham explains there is little change. “Trainees need to be flexible and resilient. They should actively seek feedback, both good and bad. Mistakes will happen but good trainees will take the time to learn from the experience. The law can be a rewarding career. Getting the basics right is as relevant now as it was 20 years ago. The job can be demanding but looking and being professional is key. Working hard and putting in the hours when required is essential and will not go unnoticed.”

elective subjects across three years. study the GDL too. Aim for at least a

4. VACATION SCHEME

WORK EXPERIENCE

with a law firm involving legal tasks, workshops and networking for aspiring solicitors. Generally lasting

between one and three weeks,

VAC SCHEME

vacation schemes are increasingly

5. MINI-PUPILLAGE

MINI PUPILLAGE

A two-week period of shadowing a barrister at work; desirable experience for a budding barrister.

becoming an important part of law firm recruitment, with some firms selecting some training contract interviewees directly from their vacation scheme intake.

BARRISTER ROUTE 6

6. GRADUATE DIPLOMA IN LAW (GDL)

GDL

The mandatory law conversion course for non-law graduates who wish to

LPC

BPTC

14. BAR PROFESSIONAL TRAINING COURSE (BPTC)

become a barrister or solicitor. One year

The mandatory vocational course for

of full-time study or two years part time.

LLB graduates and GDL graduates who wish to become a barrister. One year of full-time study or two years part-time.

SOLICITOR ROUTE 15

15. PUPILLAGE

PUPILLAGE

7. LEGAL PRACTICE COURSE (LPC) The mandatory vocational course for LLB graduates and GDL graduates who

8. TRAINING CONTRACT

your ‘pupil supervisor’; the final six months (the second ‘six’) are practising, taking care of your own clients.

A two-year practical training period

QUALIFIED BARRISTER

with a law firm as a Trainee Solicitor involving rotations around various departments within the firm. This is

essential in order to be allowed to

QUALIFIED SOLICITOR

qualify and practise as a solicitor.

contract and the Professional Skills Course (PSC) results in Newly Qualified Solicitor (NQ) status.

under a qualified barrister. The first practising period when you will assist

TRAINING CONTRACT

full-time study or two years part time.

Successful completion of a training

One-year training period as a ‘pupil’ six months (the first ‘six’), are a non-

wish to become a solicitor. One year of

9. QUALIFIED SOLICITOR

The impact of the recession on the legal industry and high levels of competition amongst fee earners means that trainees’ ability to build rapport and attention to client care is now more important than ever.

equivalent) in any subjects are crucial

A-LEVELS

SOLICITOR ADVOCATE 10

10/11. ASSOCIATE/SENIOR ASSOCIATE

ASSOCIATE

As your career as a solicitor progresses, you can take on more responsibility and specialist areas at a law firm as an Associate or Senior Associate. Some choose to take on specific responsibilities in preparation for a push for partnership.

SENIOR ASSOCIATE

12. SOLICITOR ADVOCATE Some solicitors go on to qualify as Solicitor Advocates. This means they have rights of audience in higher level courts and can perform many duties that a barrister would on behalf of their client.

13 13. PARTNER You could eventually become a Partner; an owner in the firm itself. The most senior individuals in a law firm’s hierarchy, Partners focus on business development and selected specific areas such as training or diversity alongside their cases.

AllAboutLaw.co.uk

PARTNER

16. QUALIFIED BARRISTER Successful completion of a pupillage results in qualification at the Bar.

Issue 1. Feb 2015

HOW TO TALK LIKE A LAWYER by Jos Weale

he written and spoken word stands out as one of the key tools in a successful

lawyer’s repertoire. This is one element that could potentially take some real work in order to complete your transition from student to real-life lawyer. Throughout your undergraduate and legal studies, you’ve been constantly developing your communication skills in your essays and presentations – and as you approach the breach of a legal career, strong abilities in this will give you some advantage. However, garrulous, highbrow wording will not always work in your favour in legal practice. This is unfortunately something that many students fail to realise, and it could well hinder their chances of a vacation scheme place or training contract interview at the initial application stage. Recruiters, partners and clients alike are not looking for you to beguile them with language – this business is all about clarity and conciseness. You’re going to have to learn to talk like a lawyer right from the application and interview phase up to the day-to-day communications of a practising paralegal, solicitor or barrister.

AllAboutLaw.co.uk

Issue 1. Feb 2015

Find the balance between talking and listening It’s all very well knowing your stuff and exactly how you can solve your client’s problems, but that’s actually never going to be the case if you don’t take the time to listen to them in the first place. Whether it’s with a client or a colleague of any level, in legal practice it’s vital to exercise your skills in listening as well as find a way to express yourself in a clear and concise manner. Puneet Tahim, Senior Graduate Recruitment Officer at DLA Piper, interviews many students each year for the firm’s vacation scheme and training contracts. “During an interview candidates need to ensure that they find the balance between listening and speaking,” she says. “Candidates often over talk, which means we do not have the opportunity to ask them everything we need to. Or they have pre-prepared responses that they then use without really listening to the question being asked of them.” This seems to be a common occurrence with interviewees with many law firms, and can be detrimental to their chances of progressing through the process. “…An aspiring lawyer has to be able to communicate clearly, succinctly and in plain English,” explains Shoosmiths Partner and Training Principal for Solent, Lynn Knight.

“When speaking to someone, you should be able to express your thoughts, views or advice well. Therefore, your answers to questions in an interview should be punchy and should address the question being asked, rather than simply reflecting something you would like to say!” The message is loud and clear: be measured and to the point in your answers to questions. If you don’t demonstrate your ability to do this in an interview then your interviewers will question whether you could really do it in legal practice. Graduate Recruitment Partner and Corporate and Banking Partner at DWF, James Szerdy, is looking for this measured approach: “It can sometimes be that the shorter interviews turn out to be the most successful where the candidate has expressed himself or herself succinctly yet with genuine substance.”

Written exercises Your written skills will be under scrutiny as a lawyer-to-be and as you progress into practice. Excellent written communication and expression isn’t just the difference between a good grade and an excellent grade anymore; this is a matter of client care, relationship management and attention to detail in a legal and business context. Though your development of academic writing skills has taught you a lot about presenting arguments and considering various opinions, in reality the frameworks of academic writing won’t fit into the ins and outs of client communications in legal practice. Many clients simply won’t have the time – or desire – to pick through pages and pages of an expertly constructed essay to reach the allimportant enlightening conclusion. Those trusty phrases that allowed you to present all sides of an argument and shape a great piece of academic research won’t exactly gel in an email… Business is fast-paced, and clarity is key to ensure clients understand all issues as quickly as possible. Shoosmiths partner Lynn Knight advises applicants to consider their approach to written tasks:

“Written communications should be well thought-out and user-friendly. For example, if you are asked to prepare a memo on a topic and draw a conclusion at the end of it, why not put your conclusion at the beginning of the memo and then explain in the body of the memo how you have reached that conclusion? That way, if the recipient has limited time available to look at what you have prepared, they can see your conclusion straightaway, without having to wade through the rest of the text. We advise all of our legal advisors to prepare written advice to clients in this way.”

Application of knowledge Many students looking to apply to a law firm for a training contract can easily fall into the trap of thinking that the interview process will be yet another examination testing knowledge of legal terminology and cases. This is not strictly true! “Often, those students who are studying law can get bogged down in using legal terminology in the assessment process,” explains DLA Piper’s Puneet Tahim.

“Our assessment process is designed for people who have not completed law degrees/the GDL, therefore we aren’t testing their legal knowledge. We are looking for their potential to be a good lawyer through testing their transferable skill-set. This is particularly important in our commercial written assessments.” By all means, take that well-practised critical eye and attention to detail and harness it within assessments and your future legal work, however the application process is all about identifying commercial and legal intuition in interviewees. Again, that ostensible message of clarity and focus is overriding. “We like to stress to candidates that we are looking for them to project themselves and not their preconception of what we might be looking for,” says DWF’s James Szerdy. “Some candidates can be over prepared and as a consequence their interview can lack sincerity and also depth if they are unable to respond to their points being challenged.”

Time management Finally, you can breathe easy: one thing you certainly won’t have to shed in your metamorphosis from law student to real-life lawyer are your abilities in time management. Those years of timed tests and examinations can, thankfully, still be put to good use, from the application process through to your legal career. “During any written exams [in the recruitment process] candidates must treat their time-keeping in the same as they would in a university exam,” advises DLA Piper’s Puneet Tahim. Be aware of the importance of these skills within legal practice. As Shoosmiths’ Lynn Knight explains, “Lawyers sell their time and, therefore, timemanagement is a key skill. If you fail to complete part of an assessment within the time allotted for it, you can expect to be heavily penalised.

“The best advice I can give is to think carefully about what you are being asked to do, and spend an appropriate amount of time planning and considering the task. That planning time should enable you to deliver what’s required within the timetable.”

Whether it’s with a client or a colleague of any level, in legal practice it’s vital to exercise your skills in listening as well as find a way to express yourself in a clear and concise manner... AllAboutLaw.co.uk

Issue 1. Feb 2015

IN THE LIMELIGHT

THE UK AND THE EU: A BROKEN MARRIAGE? by Billy Sexton

he UK’s relationship with the rest of Europe has deep roots. As the British Empire grew and the country became the world’s largest trading power, relations with the

great European nations – France, Russia, and, later, Germany – became strained. From forging alliances with Austria, Russia and Prussia in the Napoleonic Wars to abstaining from European matters during a period of ‘Splendid Isolation’ in the late nineteenth century, a ‘Eurosceptic’ attitude has always existed in the UK.

“We have not successfully rolled back the frontiers of the state in Britain, only to see them re-imposed at a European level with a European super-state exercising a new dominance from Brussels. Certainly we want to see Europe more united and with a greater sense of common purpose...

However, following the Second World War, Winston Churchill supported the idea of “a structure under which it [Europe] can dwell in peace, in safety and in freedom.” Yet when the European Coal and Steel Community was forged in 1951, the UK remained inactive, and later declined to become a founding member of the European Economic Community (EEC) in 1957. The initial prosperity of France and West Germany changed the politicians’ minds. The UK applied for membership twice, only for it to be vetoed by Charles de Gaulle. Membership was finally granted in 1973 and the UK’s relationship with the continent changed dramatically. The 1980s ushered in the continual struggle between Britain and Brussels, both economically and politically. The proposal of a single currency and a more federal Europe was vehemently opposed by Margaret Thatcher in her iconic Bruges speech of 1988, where she argued that, “To try to suppress nationhood and concentrate power at the centre of a European conglomerate would be highly damaging… working more closely together does not require power to be centralised in Brussels or decisions to be taken by an appointed bureaucracy.” Regardless of Thatcher’s objections, her successor John

Major signed the Maastricht Treaty of 1992 and sacrificed parliamentary power to Brussels. The treaty created the European Union (EU) and extended power to cover areas of foreign policy, education, agricultural policy and, most significantly, an economic and monetary union. The UK opted out of the single currency initiative, but was subject to complying with other regulations, including laws on citizenship, whereby “Every citizen who is a national of a Member State is also a citizen of the Union.” This, therefore, gave all the right of free movement and residence in the ‘Community’, i.e. any member state of the EU.

consistently one of the key issues at every election cycle, and the debate being linked to the UK’s membership of the EU, David Cameron has promised a referendum on Britain’s membership, should he guide the Conservative Party to a majority in May 2015. Couple this with the United Kingdom Independence Party’s (UKIP) success in the European Parliament elections of 2014 (and subsequent parliamentary by-elections), and the UK’s relationship with Europe reaches yet another pivotal stage. Presuming that the relationship will be altered in some way, how will changes affect current laws and how businesses operate?

Jump ahead another 20 years or so and EU citizen laws remain a divisive issue in British politics. With immigration

There are two main scenarios. The first is that the UK could remain in the EU, and even under the same treaties and

laws that exist already. Should the Conservatives fail to win a majority, or the Labour Party snatch the reins away from the Coalition, the UK could simply reform its relationship with the EU, maintaining similar rights and obligations to what already exists. It’s more likely that the UK will attempt to negotiate further ‘opt-outs’. Such measures could include an ‘emergency brake’ for any member regarding EU legislation that affects financial services. This would effectively provide the UK with a veto in order to protect UK financial services industry against EU regulation. Additionally, the UK could also seek to put member states back as the sovereign power in social and employment law. This, however, could compromise the integrity of the EU’s Internal Market – which

...But it must be in a way which preserves the different traditions, parliamentary powers and sense of national pride in one’s own country; for these have been the source of Europe’s vitality through the centuries.” Margaret Thatcher, Bruges Speech, 1988

AllAboutLaw.co.uk

Issue 1. Feb 2015

seeks to guarantee the free movement of goods, capital, services, and people. The second scenario involves the UK leaving the EU, and this could play out in a variety of ways. Should the British public vote ‘no’ in a referendum posing a question along the lines of “Should the UK continue to be a member of the EU?”, there are a number of different routes the government could take. Firstly, the UK could mimic Norway, Iceland and Liechtenstein and become a member of the European Economic Area (EEA) and the European Free Trade Association (EFTA). Following this path would result in the UK maintaining access to the Internal Market, but losing all influence over legislation despite having to implement the bulk of it. Regarding the issue of immigration, it would make little sense for this path to be followed, given that the dialogue from all political parties intends to curb immigration. Additionally, EU laws on employment, consumer and investor protection, environmental policy and competition law would still apply and the UK would also lose their MEPs, nominee to the European Commission and would be unable to participate in European Council meetings. Perhaps the most concerning consequence of following this route is that there is a risk that the UK would lose access to the financial services of the Internal Market. This could mean that the UK would be excluded from creating EU financial services legislation but would be subject to it. At present, the UK remains a very influential member of the EU, given the clout of their financial services and the right to craft, vote and veto measures is a fundamental benefit of remaining in the EU. Leaving for the EEA or EFTA would see the UK give this benefit up whilst having to continue to implement EU rules. Alternatively, the UK could emulate Turkey with a customs union. This would give the UK access to the Internal Market for goods alone but would free the UK from contributing to the EU budget and would also allow the UK to regulate its own financial sector. However, this type of relationship would also result in the UK losing their right to provide financial services to EU members. Additional agreements would need to be concluded to regain this right. A comprehensive Free Trade Agreement (FTA) is another option. This would free the UK from implementing EU

social policy and employment law, allow for the regulation of their own financial sector and also ensure that the UK is not bound to incorporate any Internal Market legislation into UK law, removing the socalled immigration headache for politicians. Similarly, if the UK leaves the EU and opts to follow this route, a deal could be struck that allows the UK access to the internal market in providing professional services to EU members. Finally, the UK could leave the EU and rely on its membership of the World Trade Organisation as a means to trade with the EU. The UK would, most likely, lose all their trade agreements they were party to as part of the EU, as well as any on-going negotiations, which includes the TTIP transatlantic negotiations – in both circumstances the UK ,as an EU member, is a leader in setting the agenda. The smaller size of the UK’s economy would put it at a disadvantage in negotiations with those with significantly larger economies such as the USA and China. In short, singular negotiations with other powers may see the UK not given as generous market access and treatment as the EU, given the smaller bargaining power and market access. It would appear that remaining in the EU with further reform is the best option for the UK, particularly when it comes to ensuring they remain the world leader in providing financial services and that citizens’ benefit from wide ranging social and employment laws. However, whether or not the politicians of the day are aware of the intricacies of reform or removal and wish to act in the interests of citizens and businesses, or simply aim to further their own popularity with the electorate, remains to be seen.

THE UK AND THE EU — A CHEQUERED HISTORY

1951

2011 1993

European Coal and Steel Community formed. UK remain inactive. Opponents to Prime Minister John Major campaign unsuccessfully for a referendum on the Maastricht Treaty.

1957 UK decline to become founding member of the European Economic Community (EEC).

1999 UK opts out of the single currency initiative (The Euro).

1973

67% of public vote to remain as a member of the EEC when posed the question, “Do you think the UK should stay in the European Community (Common Market)?”

1983 Withdrawing from the EEC is a major part of the Labour Party’s general election campaign.

1992 The Maastricht Treaty is signed by leaders across the continent, creating the European Union (EU).

AllAboutLaw.co.uk

2013 David Cameron promises a 2017 ‘in-out’ referendum if the Conservatives win the next general election.

2008

UK joins EEC after several applications rejected previously.

1976

Motion calling for a referendum on EU membership is defeated in the House of Commons by 483 votes to 111. However, the largest ever Conservative rebellion over Europe is recorded as 81 of the party’s MPs support a referendum.

UK ratifies Lisbon Treaty. The Treaty amended the Maastricht Treaty and the Treaty of Rome, providing more powers to the European Parliament. Notably, the Treaty also gave legal right to members to leave the EU, and a procedure to do so.

2014 Ed Miliband states that Labour will not hold a referendum on the UK’s membership of the EU, unless there are proposals to transfer more sovereign power. UKIP win the European elections, with 26.6% of the vote.

2009 2015 David Cameron promises no future transfer of powers to the EU without the approval of the public. UKIP come second in the European Elections.

David Cameron says an ‘in-out’ referendum could be brought forward. “If we could do that earlier [than 2017], I would be delighted… The sooner I can deliver on that the better.”

2010 A wealth of Eurosceptic Conservative MPs are elected to parliament.

Issue 1. Feb 2015

HOW TO SECURE A VACATION SCHEME V

acation schemes are serious stuff. This kind of experience is your opportunity to see whether a firm’s culture and a law career is really right for you. Some firms will hire directly

from their vacation scheme intake, so a place on one of these programmes is really something

to aim for if you intend to become a solicitor. Jos Weale provides some tips to consider in your applications, including advice from recruiters from some of the UK’s top law firms…

Applicants should prove they have a real interest in being part of our culture… and give genuine, interesting answers that are based on thorough research.” Kristina Mulvihill, Graduate Recruitment Officer, Shoosmiths

Tick the academic box The majority of top law firms require applicants for their vacation schemes to be on track for a 2:1 in their degree. And of course this isn’t just restricted to those on an LLB; all law firms state that they are open to candidates from any degree discipline. However it’s not just your academic form at university that firms are interested in. Many top firms highlight that they have requirements for performance at A-level (or equivalent) too. Emerging Talent Manager at DWF, Kate Hasluck, states, “We accept applications from candidates from any university, although as a guide we look for AAB at A-level – or the equivalent – plus a minimum 2:1 degree.” Firms such as PwC Legal and DLA Piper also look for a UCAS tariff of at least 320 points. “However,” adds Puneet Tahim, Senior Graduate Recruitment Advisor at DLA Piper, “meeting these requirements alone won’t be enough to get you through the process.”

SUMMARY • Secure a minimum of a 2:1 • Have a strong set of A-levels

Research firm culture, client offering and the legal profession The hard work that goes into researching a firm for training contracts has to start at the vacation scheme application stage. Each firm has its own culture, and it’s vital to start getting a feel for this now in order to demonstrate to recruiters that you could be the perfect match for them. “Shoosmiths are looking for innovative, commercially aware candidates, who share in our values, to spend a week with us on our Summer Vacation Scheme,” says Kristina Mulvihill, Graduate Recruitment Officer at Shoosmiths. “Applicants should prove they have a real interest in being part of our culture at Shoosmiths and give genuine, interesting answers that are based on thorough research.” What’s more, you need to be sure you’re clear on the services the firm provides and the level of client care they promote, and what all of this means in business terms for both client and law firm alike. PwC Legal Graduate Recruitment Officer, Will Cummins, clarifies, “A keen interest in the legal sector and the work we do is imperative, with successful candidates being able to explain what PwC Legal can offer a specific client in order to showcase their commercial awareness, both at application question stage and within the interviews.” Aside from keeping track of your firm shortlist, what else should you do to research a legal career? If you haven’t already, then time to start exploring first year opportunities, presentations and events through your university law society and law firms. “We don’t necessarily expect candidates to have weeks’ worth of legal experience when applying for vac schemes,” explains DLA Piper’s Puneet Tahim, “but we do expect them to show that they have started to research the profession through attending open days and other firm events.”

SUMMARY • Research to find the right firm culture fit • Attend open days and insight events

AllAboutLaw.co.uk

Issue 1. Feb 2015

and May Trainee Recruitment and Dispute Resolution Partner Sarah Lee. “Candidates should be focused and precise in the way in which they present themselves and how they articulate why they want to come to Slaughter and May and why they want to be a lawyer.” In addition to this, don’t forget to listen! DWF’s Kate Hasluck states, “…it is important to make sure you pay close attention to the question that you have been asked so that you are able to answer this clearly and concisely. Consider the structure and language of your answers to make sure you are expressing yourself fully.”

Know how to apply your experience so far “While strong academics are essential, we value candidates with ongoing work experience in any sector, which should be detailed in the application,” states Shoosmiths’ Kristina Mulvihill. Important work experience relating to a vacation scheme application isn’t just restricted to law experience alone!

SUMMARY • Keep your application clear and to the point • Don’t be generic in your applications; tailor it to the firm you’re applying to

When you’re gathering your ideas for your vacation scheme application, consider what you expect the demands of a vacation scheme to be like. Put some good hard thought into how the skills you’ve developed so far through the things you’ve done at university can apply to the vacation scheme experience. “Applicants shouldn’t underestimate the value of their extra-curricular activities, and should think about the transferable skills they will have developed such as team work and communication if they play team sports, or organisation/time management if they are balancing a part-time job with their studies.” Be wary when it comes to putting your thoughts down in your application or discussing in an interview, too. “It is best to ensure that various examples are used, rather than concentrating on one project, role or position,” says PwC Legal’s Will Cummins.

Be yourself!

SUMMARY • Make a list of your transferable skills with direct examples • Have a broad range of example to hand

A cornerstone of a vacation scheme is to find out if you would be a good match for a particular law firm – and vice versa. So there’s no point in trying to be something you’re not from the off. You’re more likely to strike a chord with the right firm if you’re yourself from the very beginning of the application process. Be open about your interests aside from academic and legal and business issues; law firms welcome diversity and interesting, personable characters in their teams. With this in mind, don’t expect an interview to focus on the business side of things alone: “We do not focus purely on legal working experience, as we are looking to get to know you as an individual,” explain’s Taylor Wessing’s Sarah Harte, “therefore, make full use of all opportunities to showcase your interests, achievements and positions of responsibilities held.” Slaughter and May Partner Sarah Lee confirms, “It is… very important to be yourself and to be honest about who you are - we are genuinely interested in getting to know you as an individual.”

SUMMARY • It’s okay to let other interests aside from law shine through in an interview when the time is right

Work on your communication skills

• If you’re yourself in the interview process, you’ll have more chance of finding the best fit firm for you

Effective communication skills are a key tool for a successful lawyer, so it’s necessary to demonstrate this right from the very beginning in your vacation scheme application. We’re not just talking smooth talking in an interview here; your initial application has to be spot on. “Stand out applications are often well structured, similar to an exam answer and demonstrate transferable skills, particularly communication. Ensure you check your application carefully; answers should be clear, concise and without spelling or grammatical error,“ advises Shoosmiths’ Kristina Mulvihill.

It is important that you are able to show a keen interest and understanding in what is going on in the wider business world.”

When you take to the hot seat in a vacation scheme interview, the message is clear: clarity and focus is vital. “We are looking for people who can give clear, structured, focused answers, “ explains Slaughter

Sarah Harte, Graduate Recruitment Officer, Taylor Wessing

AllAboutLaw.co.uk

Issue 1. Feb 2015

City Vacation schemes and training contracts at City firms will be hotly contested, with some of the best students in the country attempting to impress.

WHO

City firms are amongst some of the world’s leading law firms and include those in the Magic Circle and Silver Circle.

Scottish Law firms specialising in Scots law are spread across various regions in Scotland, with Glasgow and Edinburgh being particular hubs. Lawyers at these firms handle any local, national, or even international legal issues for their clients who are based in Scotland. A few Scottish firms offer a full service and have select specialist areas of law.

Based in London, they may also have offices that span across the world. These firms turnover millions each year and work with big, influential clients, including FTSE 100 members and investment banks.

CAN YOU

The majority of City law firms will offer a full service, with departments and specialist lawyers to cover all possible cases and issues. Some departments will handle specialist areas as well as huge coverage in areas such as corporate law, commercial law and banking and finance law. International client portfolios are increasingly important in this type of firm and so crossjurisdictional issues as part of a City lawyer’s caseload will feature often.

WORK

For example: Bristows, Farrer & Co., Macfarlanes (Silver Circle).

FOR? National

There are five main types of law firm you can work for, each with their own characteristics and client base. Billy Sexton outlines the different types of firm, and lists examples of each.

National firms have a very well-developed network of offices in various regions in the UK. They mostly cover general practice and commercial law cases. A national firm’s expertise and business is confined to one or two regional hubs. Their work focus is a mixture of domestic general practice and commercial work for locally-based companies and individual clients. Many national firms offer a full service.

International International firms have multiple offices worldwide and often represent the legal interests of many global businesses as part of their client portfolios.

For example: Addleshaw Goddard, Ashurst (Silver Circle), Baker & McKenzie, Berwin Leighton Paisner (Silver Circle), Dechert, Freshfields (Magic Circle), Dentons, DLA Piper, Fieldfisher, Herbert Smith Freehills (Silver Circle), HFW, Hill Dickinson, Hogan Lovells, Ince & Co., Kennedys, King & Wood Mallesons (Silver Circle), Mayer Brown, Kirkland & Ellis, Latham & Watkins, Nabarro, Norton Rose Fulbright, Olswang, Orrick, Osborne Clarke, PwC Legal, Reed Smith, RPC, Shearman & Sterling, Sidley Austin, Simmons & Simmons, Skadden Arps, Slaughter and May (Magic Circle), Taylor Wessing, Weil, White & Case, Wragge Lawrence Graham & Co. Having a second language will be advantageous as trainees may be able to undertake an international secondment during their training contract and will get to learn about other legal systems around the world.

For example: Bevan Brittan, Bond Dickinson, Browne Jacobson, Burges Salmon, DWF, Foot Anstey, Irwin Mitchell, Mills & Reeve, Pennington Manches, Shoosmiths, Walker Morris. Vacation schemes or training contract applications with a national firm attract talented law students. Working with a national firm provides more flexibility with regard to your location.

US Primarily based in the US, with offshoots in the UK and across Europe. UK offices are mostly based in London and the focus of work is high-end corporate and commercial practice. Some are quite niche in their specialisms; others are full service across their worldwide offices. Undertaking a vacation scheme or training contract with a US firm will result in an understanding of working in a global market. With exposure to international clients, US firms typically assist and advise corporates and investment banks.

AllAboutLaw.co.uk

Issue 1. Feb 2015

COMMERCIAL FOCUS

WHO DO LAWYERS DEAL WITH? Not all lawyers are like Saul Goodman, handling the legal affairs of drug kingpins. As Billy Sexton explains, this couldn’t be further from the truth. Lawyers assist all types of companies and individuals, from banks to insurance companies...

Corporates

Banks

Corporates hire law firms for advice on purchasing other companies, selling shares on the stock exchange, borrowing money and other transaction issues. Sally Wokes, an Associate at Magic Circle firm Slaughter and May, explains that the work for corporate clients falls into two broad categories: “Work that helps them run their day-to-day business and work that helps them implement their chosen strategy.

Banks require legal advice on a whole range of financial transactions. Lawyers ensure banks are protected and also advise on any issues that may arise, particularly when it comes to lending money.

“In terms of work that falls into the first category, some examples would include drafting and negotiating key commercial contracts, advising them on how to structure their business in a tax efficient manner and acting for them in relation to any legal proceedings they become involved in.

Private Equity Firms

“An example of work that falls into the second category would be assisting them in relation to the acquisition of a new business, which may involve legal due diligence on the new business, helping them structure the acquisition in a tax efficient manner, drafting and negotiating the sale documentation, obtaining any regulatory clearances required to acquire the new business and/or raising the financing required to fund the purchase price payable for the new business.” So how does this translate into real work? Chris McGaffin, also an Associate at Slaughter and May, explains, “Corporate lawyers get involved in a massive variety of work, which means that - certainly for your first few years - the next thing to land on your desk may well be something which you have no previous experience of. This means that you never stop learning.” Chris specialises in mergers and acquisitions and outlines how, “On an M&A deal, my role is to negotiate the terms of the transactions on behalf of my client, oversee the work of more junior members of our team and liaise with my client and its various advisors to make sure that the deals we’re working on get completed on time and in line with their wishes.”

Private equity firms use clients’ money (or their own money) to invest in or buy a company with the aim to make a profit on resale. Jonathan Robinson, Corporate and Banking Partner at DWF, outlines that in working with private equity firms “Our work covers acting for the investors on buy-outs of varying types. This will generally involve us creating a new company in which the private equity investor will invest. We will draft the new company’s articles of association and shareholders agreement dealing with arrangements between the private equity investor and other shareholders.

“We will undertake a legal due diligence exercise in relation to the target of the buy-out, negotiate the acquisition agreement acquiring the target and negotiate facility documents with the buyer’s bankers for the debt funding for what is usually a leveraged buy-out.”

negotiating new leases, dealing with surrenders, documenting licences to assign and licences to alter, to forfeiting leases for breach of tenant covenants or non-payment of rent,” Lorraine Reader, Real Estate Partner at DWF, comments.

Insurance Companies Carl Graham is a Training Principal and Insurance Partner at DWF. He explains that, “Insurers require legal advice on a wide range of areas. Specialist insurance lawyers need to understand insurers and their markets. Trainees and graduates often mistakenly believe that insurance is limited to personal injury; in fact, our insurance practice boasts clients across all of our sectors including retail, energy and transport. Our areas of expertise include complex multi-party litigation and crossjurisdictional disputes.

HOW DID LAWYERS FARE DURING THE RECESSION? Lawyers assist banks, corporate businesses and asset management firms (and the rest!). So when these bodies felt the effects of the recession back in 2008, what happened to

“An insurance practice will also include non-contentious work for trainees. We advise on policy wording/interpretation, the impact of insurance covenants in commercial agreements and the creation of captive insurers. Our commercial insurance team have advised a number of insurers on start-up regulations and market strategy.”

the lawyers?

Luckily, being a lawyer isn’t just a fair weather career. Some would even go as far to say that it’s recession-proof. Take Slaughter and May for example. Former partner Charles Randell led the bailout of the British banking system. Commanding fees of £500 an hour, Randell led a team of 12 partners to the rescue of the Royal Bank of Scotland and Lloyds TSB.

Individuals & Pro Bono clients

During a recession, lawyers may oversee the selling of assets or the restructuring of business. Understandably merger and

Asset Management Firms

Larger firms give advice to wealthy individuals on their tax and investment arrangements. Other firms advise on privacy and family law. Additionally, many firms offer their services for free to pro bono clients – usually to charities and community organisations who may not be able to afford specialist legal advice.

Asset management firms manage their clients’ money by pooling and investing it. Lawyers assist by advising on the legal issues surrounding client agreements and the setting up of new funds. Often, real estate teams work closely with asset managers “to drive the best value out of their property portfolios and manage their risk effectively. This involves dealing with all aspects of property management from drafting and

AllAboutLaw.co.uk

acquisition activity slows down, because of the increased caution in the market. Companies may have less money to spend, but it makes for a varied career!

COMMERCIAL FOCUS

Issue 1. Feb 2015

WHAT DOES THE SCOTTISH INDEPENDENCE REFERENDUM RESULT MEAN FOR THE UK’S ‘CONSTITUTION’? by Billy Sexton

n September 18th 2014, a record 84.6% of

Scottish people turned out to vote in a closely fought referendum on Scotland’s future. The outcome was that, for the time being, Scotland would remain part of the 307-year-old Union and would not become an independent country. Westminster breathed a heavy sigh of relief, whereas former Scottish first minister Alex Salmond, who has since announced his intention to stand in the general election, may rue the day. To paraphrase historian A.J.P. Taylor, September 18th was a turning point in Scottish history, where Scotland failed to turn.

The consequences of a ‘yes’ vote would have been widespread. In the lead up to the referendum there were fierce debates on issues surrounding currency, EU membership and North Sea oil to name but a few. Businesses were threatening to move their headquarters south of the border and the uncertainty for the Scottish people should they have voted ‘yes’ was ample deterrent, particularly when coupled with The Smith Commission’s recipe for further devolution, dubbed ‘devo-max’ by the mainstream media. In 1998 and 2012, the UK Parliament legislated to devolve powers to Scotland, allowing the creation of their own laws on agriculture, education, local government, transport and health and social services, with Westminster retaining the right to rule on welfare, immigration, defence, foreign policy, energy and the constitution. In the past week, proposed legislation to give new tax and welfare powers to the Scottish Parliament has been announced, with the three main Westminster parties pledging to see the Bill become law, regardless of who wins the general election in May. David Cameron described the powers as “built to last” and insisting they will make the Scottish Parliament “one of the most powerful devolved parliaments in the world”. Regardless, the Scottish issue still poses wider questions about the UK’s constitution, and particularly England’s place within it. Dr Mark Elliott, succinctly observes how “It would be forgivable, but mistaken, to suppose that the implications of the Scottish “no” vote will

be confined largely to Scotland… the outcome of the referendum will reverberate throughout the United Kingdom, with potentially profound consequences for its constitutional architecture.” Indeed, as devolution was rolled out by the first Blair government in the Scotland Act 1998, it was accompanied by the infamous West Lothian question. The term was coined after Tam Dalyell, Labour MP for the Scottish constituency of West Lothian, raised the matter in a House of Commons debate. The question centres around the fact that Scottish, Welsh and Northern Irish MPs can vote on matters affecting England, but English MPs cannot vote on devolved matters in the aforementioned home nations. Echoing the words of his predecessor and former Foreign Secretary, William Hague, Cameron has called for ‘English votes for English laws’ and has said that an increase in Scottish powers should go hand in hand with changing the role of Scottish politicians at Westminster. Should this materialise it will amount to nothing less than the biggest reform of the UK constitution since the Constitutional Reform Act 2005. So the solution is a simple one: devolution for England too? Not necessarily. As Elliott points out, “A very large part of the case for devolution has always been that Scotland, Wales and Northern Ireland should be afforded an opportunity to move out of the shadow cast by England… to live out their distinct political, cultural and economic identities.” This argument does not apply to England, although Elliott notes that now that

AllAboutLaw.co.uk

there is devolution elsewhere, this may erode the case for maintaining the status quo in England. However, a further difficulty raised by ‘English votes for English laws’ is the so-called shifting majorities problem. The government of the day may enjoy an overall majority in Parliament, but not amongst English constituencies. For example, a Labour government might have an overall majority, but be unable to enact legislation affecting England owing to the lack of a majority amongst English MPs. Politicians find themselves in a catch-22 situation with the pledge of more power to Scotland. Indeed, “seeking to answer the West Lothian question risks opening up a Pandora’s box of new issues,” yet the issue cannot be ignored if fiscal powers are devolved to the Scottish parliament. No doubt, ministers and civil servants will spend months attempting to sound out a solution to the UK’s constitutional headache. The McKay Commission has already suggested that it is important that the views of English MPs are known before a decision is made about an Act that will have a “separate and distinct” effect. It proposed that a Grand Committee, consisting of all MPs whose constituents are affected would decide whether the Act would proceed. Another option is that a special bill committee would amend the bill, and the party balance of the committee would reflect the balance of MPs in England. But what about federalism? Federalism would involve the creation of an English

parliament and government bearing a similarity to the Scottish institutions. In this scenario, the UK government would deal with pan-UK matters. Should the UK become a federal state, it would completely transform the constitutional

nature of the country and Elliott outlines how “The adoption of such a system would necessarily entail the enactment of a written constitution enjoying a hierarchically superior legal status, so as to render the balance of power between the different tiers of authority constitutionally secure and impervious to unilateral disturbance — the absence of such characteristics being incompatible with a federal model.” Such a move would go against British constitutional tradition of treating reform as an on-going process and avoiding the implementation of rigid structures and documents, such as a Bill of Rights. Therefore, as Elliott argues, the UK is likely to undergo piecemeal, pragmatic change to tackle the issues that have arisen (or look set to arise) as a result of the Scottish ‘no’ vote. Limited reform at Westminster to tackle the West Lothian question might be accompanied by devolution within England to various regions. Regional devolution is already partly in existence in London; the Greater London Authority provides the city with a mayor and assembly and is responsible for transport, policing, fire and rescue, development and strategic planning. Nick Clegg and Ed Miliband advocate such

Issue 1. Feb 2015

a plan for other cities, with Miliband in particular keen to hand over £4bn a year to city and county regions. Similarly, cities minister Greg Clark has announced plans for new authorities to take responsibility for economic development in core cities. There are on-going debates surrounding powers of intervention on planning and transport issues, but the discussion itself reveals that devolution within England could be at least a partial remedy to the constitutional headache currently experienced by Westminster. Regardless of the way in which constitutional reform plays out, Elliott says that it highlights that the system of governance in the UK “is moving irrevocably away from the centralist model that was once said to characterise the UK constitution, and towards a system that, while not federal in the classical sense, is manifestly not unitary in nature.” The fact of the matter is that the UK’s constitution is “messy and incomparable” though it should be stressed that these are not negative characteristics. Indeed, “untidiness is a price that is arguably worth paying for a system that exhibits a degree of flexibility” and the decision

of the Scottish people to reject independence and accept the promises of more devolution from Westminster is simply another chapter in the long story of the evolution of the UK’s constitution.

SCOTLAND 2014 A RECORD BREAKING REFERENDUM

Public Law by Mark Elliott and Robert Thomas (Oxford University Press) is available now from oup.com

YES 44.7%

16-17 YEAR OLDS 71% YES 29% NO

NO 55.3%

SHOULD SCOTLAND BE AN INDEPENDENT COUNTRY?

84. 6%

OVERALL TURNOU

65+ YES NO

27% 73%

www.oxfordlawtrove.com Expand your learning, broaden your mind. Discover Oxford’s textbooks online.

Subject

collections

available at £49.99

1 AllAboutLaw.co.uk

LIFE AS A LAWYER

Issue 1. Feb 2015

ARE YOU CUT OUT TO BE A LAWYER? T

he mere idea of a career in law is an exciting one. Highly regarded, well-paid, often glamorised in the media and intellectually stimulating, it’s easy to see why this is a career

path of choice for many of the UK’s top students. However, this is a tough old game, and

it takes a very particular concoction of attributes and skills to make the grade in the legal industry. Whether it’s your abilities or coping with the demands of the job, have you got what it takes to succeed in Intellectual Property Law, Commercial Law or Corporate Law?

by Jos Weale Intellectual Property (IP) Law The scope for cases you could encounter as an intellectual property lawyer is vast. You could handle anything, from trademark disputes to issues relating to technical inventions, generic drugs or the arts or music industry. Intellectual property law in particular can be appealing to graduates from technical and scientific degree backgrounds, as knowledge of these fields can be a huge advantage. However it’s not always essential; what counts is the ability to adapt quickly to cases with which you don’t always have a deep understanding and find the most effective way to support the client.

THINGS TO THINK ABOUT:

QUALITIES AND CHARACTERISTICS OF AN IP LAWYER Craig Chaplin, Commercial and IP Partner and Head of TMT Sector, DWF, provides his tips for success within intellectual property law: • Ideally you need to have a good grasp of science and engineering concepts (even if you have no formal qualifications in these fields). • A strategic brain is a must; you must be able to see the big picture and end game, and possess the ability to map the journey. • The ability to communicate to the client in their own language and understand their goals at the outset is essential. Be prepared to have a conversation about the subject matter, because the commercial solution is rarely as clear cut as the legal answer. • Finally, the ability to take a step back and work out what the client actually wants to achieve is also necessary in intellectual property law.

Corporate Law Corporate law spearheads the services on offer from the majority of City and international firms. It’s a huge revenue spinner for law firms, and is a highly competitive field. Corporate lawyers namely work on the incorporation of companies, directors’ and shareholders’ rights, articles of association, board meetings, secretarial matters and the public listing or delisting of companies. This is a particularly competitive area of law to get into, so strong academic ability and commercial awareness is fundamental. Some deals can take months, even years, to reach completion, and it can be rare to see a deal through from beginning to end. Are you prepared to jump on board at any point to help out at any stage when required?

THINGS TO THINK ABOUT: • Are you up for crossjurisdictional work?

• Are you technically minded? • Can you work out of your comfort zone?

• Are you prepared for lots of paperwork?

• Are you willing to get stuck in at client sites?

• Can you manage tight deadlines?

• Can you communicate complex issues in a clear manner?

“Corporate law is a very dynamic and exciting area of commercial practice and gives you access to decision makers at the highest level of business and finance. You will be speaking to board directors on a regular basis and acting as their trusted advisor as they seek to achieve their commercial objectives. You will also be working with very ambitious entrepreneurs at key moments in the development of their business. As a result, we look for the following qualities in our team: • Strong academics and technical skills – quality of advice is absolutely critical and is still a differentiator that separates the good law firms from the excellent ones. • Excellent communication skills – the ability to convey quite complex information and issues in a clear and commercially relevant manner is critical, particularly when dealing with clients who are under pressure and have a number of issues to deal with at the same time.

Commercial Law If you’re looking to get involved with the big cases that facilitate business deals and handle commercial disputes, then commercial law is the one to look out for. Again, this is a big source of revenue for City and international firms. Fast-paced work and tight deadlines is a big feature of commercial law. It’s likely that many deals will involve crossjurisdictional work too, as more and more companies expand into global markets or merge with each other, for instance.

THINGS TO THINK ABOUT: • Do you have an eagle eye for detail? • How do you feel about some long hours? • Are you a top problem solver? • Do you have strong commercial awareness? • Can you be persuasive?

• Can you cope with long working hours?

• Can you handle a client’s disappointment if it’s called for?

environment and what makes a good corporate lawyer:

• Is your commercial awareness up to scratch?

QUALITIES AND CHARACTERISTICS OF A CORPORATE LAWYER John Gill, Corporate Partner, TLT, explains the corporate law

• A genuine interest in the business world – you need to understand what is happening in the wider economy, your client’s sector and business, and use this to create the best commercial solution for your client. • A sense of humour – there will be times of high pressure and long hours in the immediate run-up to a completion, and the ability to take this in your stride and make the experience an enjoyable one for your clients and colleagues is highly valued.”

AllAboutLaw.co.uk

QUALITIES AND CHARACTERISTICS OF A COMMERCIAL LAWYER Shoosmiths Trainee Solicitors talk about the demands of commercial law work: Lizzie Judd: “Although it sounds obvious, commercial lawyers need to be commercially minded! A degree of creativity is required in order to apply the black letter law in coming up with solutions that are both practical and realistic for

a client. In terms of qualities, good drafting skills will always be required, together with an ability to communicate the details and implications of legal points in a way that your client will understand.” Rick Thomas: “It goes without saying that to work in any type of law you need to be motivated, organised and possess the requisite intellectual ability. In order to really stand out, you need to demonstrate an entrepreneurial instinct, have a broad commercial awareness and maintain a high level of stamina and energy.” Keisha Phippin: “It is necessary to be able to think and work both logically and creatively, in order to interpret commercial contracts and to draft and negotiate a contract effectively. Commercial law is an area that is constantly developing and changing, and it is therefore vital to stay on top of legal updates in the evolving market.” Other key characteristics include an awareness of the commercial and business environment in which a client’s business operates and an ability to provide an extremely close attention to detail. The ability to pick up on major and minor particulars in legal contracts which may cause a client concern or difficulty is fundamental. Close attention to detail is important to ensure that a commercial contract makes good general sense and is devoid of punctuation or grammatical errors.

Issue 1. Feb 2015

THE FINAL HURDLE by Billy Sexton

The experience of a vacation scheme will put budding lawyers in a fantastic position to secure a training contract, and every aspiring solicitor has to pass the Legal Practice Course (LPC). Without the LPC, securing a training contract is impossible.

or undergraduate LLB students and GDL students wishing to pursue a career as a solicitor, the next step after graduating will be to enrol on the LPC. So, what’s involved?

STAGE ONE The LPC is divided into two main stages. The first focusses on the practical application of the law, and covers core practice areas of business, property, and litigation (civil and criminal). Alongside this, LPC teaching covers other components including professional conduct and client care, principles of EU law, and practical skills such as advocacy, interviewing and advising, and drafting and researching. This practical approach to teaching is hugely beneficial, but don’t just take our word for it. Stephanie Hinks, a Trainee Solicitor at Taylor Wessing surmises that, “The LPC, and especially the skill based modules, are an essential bridge between learning law… and working as a trainee.” Emma Fox, a Trainee Solicitor at TLT, agrees, “The skills that you are taught, such as research, drafting and interviewing, are absolutely invaluable as they are set up as if you are in a professional environment.” Additionally, Kirsty Farmer, Trainee Solicitor at Shoosmiths, comments that, “While your law degree or GDL will teach you the law, the LPC is essential for knowing how to apply the law.” Her fellow trainee, Beeta Sadeghi, explains that “The skills taught neatly bridge the transition

between the academic law degree/GDL and the training contract… By the time you start your training contract and are asked to draft board minutes, you’ll feel more confident in doing the task having already done so many times with guidance on the LPC.” Moreover, Will Cummins, Student Recruitment Manager at PwC Legal, believes the skillsbased LPC teaching prepares students for life as a trainee because “The compulsory skills modules introduce topics such as drafting and legal research, which you will be using on a weekly, if not daily basis as a trainee.” Lauren Conroy, Trainee Solicitor at Shoosmiths, also comments, “Skills based training on the LPC provides a helpful transition between the theory-driven style of teaching provided at university and the reality of dealing with real legal issues as a trainee.”

STAGE TWO The second stage of LPC teaching allows you to specialise in areas such as Corporate Finance, Commercial Law or Intellectual Property. You can choose three optional courses and can allow students to begin the specialisation in an area of law. Additionally, a firm may wish their future trainees

to have selected a specific option, based on their client base and specialisms. Elective modules carry many benefits for future trainee solicitors. For example, Lara Singer, Trainee Solicitor at Davis Polk ,outlines how “The elective modules were structured so that by the end of the course, we had covered a transaction from start to finish.” Additionally, Leah Glover, Corporate and Banking Solicitor at DWF said, “I felt that I had a head start in the seats where I had completed an LPC elective module.” Emma Fox agrees, explaining that “The elective modules tend to correspond closely with the relevant seats of a training contract; it was great going into a Real Estate first seat having done Advanced Property as an elective. I had a really thorough background to the subject.

“Knowing that little bit of extra detail can really help you to settle into a seat and feel more comfortable when you’re beginning to get to grips with new concepts. They also introduce students to the idea of more specialised practice and can give you an early idea of what seats you might want to experience during training.”

Teaching and assessment varies by institution and by subject, but students can expect a combination of lectures and seminars, exams and coursework. There’s no doubt that the LPC is time consuming and as with undergraduate studies, organisation is paramount and preliminary reading recommended. Missing lectures is a big no-no and you should be sure to make notes and file them accordingly. Given the cost of the LPC it’s vital that students make the most of the tuition. Ask questions, speak to tutors frequently and seek out careers advice, particularly because the LPC will set students back a hefty £9,000-£14,000. This certainly begs the question of whether studying the LPC is, literally, worth it, particularly if a training contract place hasn’t been secured. For those who have secured a training contract, undertaking the LPC is a no-brainer, and the law firm may even cover the course costs. Shoosmiths are one of many firms that offer their trainees financial support, aiming to “remove the financial pressures placed on students, allowing them to fully concentrate on their studies before commencing their training contract”. Kristina Milvihill, Graduate Recruitment Officer at Shoosmiths, believes that “having this support in place helps our future trainees achieve the best start in their professional career.”

AllAboutLaw.co.uk

INTERVIEW GDL & LPC TUTOR Who teaches budding solicitors the Legal Practice Course? Katie Harding was formerly a corporate recovery solicitor, but enjoyed the teaching and advisory aspects of her role so much that she became a tutor at Kaplan Law School, overseeing students jump the final hurdle before training contracts commence…

Tell us about your career in law? Were

What about learning support? Are all

you a solicitor before becoming a tutor

lectures recorded and made available

at Kaplan? Why did you decide to go

online, for example?

into teaching law? All lectures are recorded and made I was a corporate recovery solicitor for

available online upon delivery. In addition,

four years before becoming a tutor. I

we have a wealth of online materials to

trained and worked in a large regional

support our students’ learning. We use

firm before moving to a London firm.

computer aided learning and testing to

I decided to go into teaching because I

enhance the learning experience, rather

had been heavily involved in graduate

than replace it.

recruitment processes with both firms and with supervising trainees. I found

Our programme is based around the

that I really enjoyed the teaching and

following proven practices: explain,

supervisory aspects of my job and wanted

demonstrate, practice and feedback.

to get more experience in this area.

Our pass rates show this method of teaching and learning works. Students are taught across four days,

Could you detail the unique aspects

leaving them one day each week for

of Kaplan’s teaching and support?

independent study and preparation.

What the careers service can offer students? Is there any one-on-one tutoring sessions and, if so, how

What do you think is the biggest

regular are they?

challenge facing students at the beginning of their LPC?

The word that best describes our approach is ‘personal’, whether it be in

I think there are a couple. Firstly, it

relation to teaching, careers support

can sometimes be hard to make the

or even our recruitment process. Our

leap from considering law from an

tutors are all qualified lawyers with a

academic standpoint (as is usually

proven track record in practice and legal

the case on an LLB or the GDL) to

education. We teach in small group sizes

considering the practical application of

and place an emphasis on face-to-face

the law. Secondly, I think a big challenge

learning to ensure that students receive

is time-management. This is a very

all the support they need to succeed.

important skill to learn for practice but the LPC is a very time-intensive course

At the beginning of the course, students

and so getting into a routine quickly

are given a personal tutor who will teach

is important, particularly if you do not

and also see them regularly throughout

have a training contract and have to set

the course to discuss their progress and

time aside for applications.

identify any potential areas for concern. Outside of the classroom, our careers

Do you keep in touch with alumni?

service is available to students from the day they accept their place with us, until

We try to as much as possible, which

one year after the course ends.

is where LinkedIn can come in useful! Kaplan has a smaller intake than

Rather than giving general, remote

perhaps some of the other providers, so

advice, our team sit down with each

we get to know our students very well

student individually to gain a real

over the course of the year. It’s always

understanding of their background and

nice to hear how previous students are

achievements and work on how this can

getting on and enjoying their training

be presented in the most effective way

contracts. Kaplan has alumni drinks

in any applications or interviews. We

every so often as well, which is a good

are proactive and hands-on in providing

way for us to catch up with students and

students with the skill-set needed for a

for previous years’ cohorts to catch up

successful career in law.

with each other. During their time with us, we try to instil in our students the idea that they’re not just making friends but developing potential business connections for their future career.

Issue 1. Feb 2015

WHAT’S YOUR LAW

Don’t lie, we’ve all thought about it! Any aspiring solicitor dreams of being the managing partner of their own law firm that rivals the Magic Circle and Silver Circle chiefs. And hey, who knows, it might happen one day. Therefore, you need to be prepared and have a law firm name in mind. Try out our flawless* law firm name generator! Take the Initial of your first name: A. Bell

J. Mitchell

S. Walsh

K. Andersen

T. Cole

C. White

L. Bell

U. Fletcher

Dixon

Robinson

Parker

Pearce

E. Thompson

N. Wood

W. Webster

F. Clark

O. Hunter

X. Hart

G. Martin

Y. Howard

H. Harris

Q. Denton

I. Armstrong

Green

Payne

Fox

Take the initial of your middle name:

FIRM NAME?

A. Dorothy

J. Bromance

S. Carnage

K. Steeplejack

T. Icarus

C. Doofus

U. Fandango

M. Bergernip

V. Medusa

E. Breakwind

N. Jammo

W. Humperdinck

F. Humbug

O. Strumpet

X. Schmaltz

G. Wormwood

Y. Bullwinkle

H. Clithero

Q. Bilbo

I. Skippy

Nemo

Rover

Add “& ‘Your Surname’”

Poindexter

Beeswax

Chaffinch

Put them all together…

* in our very biased opinion.

AllAboutLaw.co.uk

Z. Bangarang

Et voila, your law firm name!

Issue 1. Feb 2015

CRAZY LAWS THAT STILL EXIST Law gets a lot of stick for being a ‘dry’ or ‘dull’ university subject to study. Trying to make law as interesting for friends and family as it is for you can be a tough act. The conversation usually follows this formula. “So, what have you been studying at university this week?” “Oh, it’s been great, I learnt all about patents and copyrights…” *yawn* Unfortunately, this is something you may have to deal with for your entire life, particularly if you land a vacation scheme and/or training contract and go on to become a top solicitor. However, a topic that always sparks interest is that of ‘old school’ or ‘crazy’ laws that are still in existence but are unlikely to be used to put people behind bars.

According to the Treason Felony Act of 1848, it is an act of treason to place a postage stamp bearing the monarch’s head upside down on an envelope. Worried you’ve sent your great aunt a birthday card with Her Majesty’s noggin upside down? Don’t worry, Royal Mail have said, “It’s a myth and not true. There’s nothing to say you can’t put a stamp upside down.”

2. 3.

The Statute Forbidding Bearing of Armour, 1313, forbids MPs from wearing a suit of armour to the Houses of Parliament. Imagine dearest Cleggy in chainmail…

The Licensing Act 1872 is an interesting one. It deems that “Every person… who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded firearms, may be apprehended, and shall be liable to a penalty.” This makes sense, right? Being drunk and in charge of a horse or steam engine or whilst waving a loaded gun around could be pretty dangerous. However, the Act also outlined that “Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty.” Yep, you read that right. If you’re drunk in licensed premises (a.k.a. a bar or pub), you’re liable for a penalty.

If you ever change career to construction services, be warned that it’s illegal to carry a plank along a pavement. Yep, under the Metropolitan Police Act of 1839, the law also deemed it an offence to fly kites, play annoying games and slide on ice or snow in the street.

You might not have thought it if you’ve ever witnessed someone rushing for the Central Line at 8am on a Monday morning, but it is illegal to jump the queue in the Tube ticket hall. Under the TfL (Transport for London) Railway Byelaws, any person directed to queue by an authorised person or sign must join the rear of the queue.

AllAboutLaw.co.uk

Not that you would ever want to, but it’s illegal to destroy or deface money. Under the Currency and Banknotes Act 1928, it’s an offence to deface a banknote by printing, stamping or writing on it. Additionally, The Coinage Act 1971 makes it an offence to destroy a metal coin that has been in current use in the UK since 1969.

7. 8.

Under the Salmon Act 1986, it is illegal to handle salmon in suspicious circumstances. We don’t know either.

It’s kind of illegal to hang a bed out of a window. Under the Town Police Clauses Act of 1847, it’s an offence to place a heavy object in a window without making sure that it won’t be blown down. Though this law is aimed at flowerpots and similar items, interpretation of the law would deem a bed to be a heavy object.

DID YOU KNOW? You may also have heard about some other old school laws, the myths of which we’re going to debunk (sorry, guys). The notion that it’s illegal to eat mince pies on Christmas Day is completely false. It was illegal to eat mince pies on 25th December 1644, as it was a legally-mandated day of fasting. Later on in 1647, an Ordinance for Abolishing of Festivals banned all celebrations of Christmas and mince pies were viewed as a symbol of immoral excess, though

It’s also a little bit illegal to get in a taxi if you have the plague. Under the Public Health (Control of Disease) Act 1984, nobody known to be suffering from a “notifiable disease”, which includes the plague can get into a taxi without notifying the driver first. It’s then the decision of the driver if they allow the passenger in their car, although they must give notice to the local authorities after and disinfect the taxi before the next passenger enters.

never formally banned. Is it illegal to kill a swan? Are all swans property of the Queen? Not quite. Since the 12th century, the Crown has held the right of ownership over all wild, unmarked mute swans in open water. However, the Queen only exercises her right (shared with the Vintners’ Company and the Dyers’ Company) over parts of the River Thames and its streams. The Swan Upping ceremony is carried out every year by the Crown and these companies to record

10.

It is slightly illegal to damage grass. Under the Commons Act 1876 it’s an offence to interfere with or disturb a town or village green and the office is aimed at interruptions to the use of the green rather than damage to the grass. That’s not to say damage to a lawn won’t be covered by laws on criminal damage.

and mark all swans in the area but tame swans and all other varieties of wild swan are free. There we have it – some legal speak that will actually prevent your friends and family from dozing off!

Issue 1. Feb 2015

AllAboutLaw.co.uk AllAboutLaw.co.uk