Lawyers Weekly, June 3, 2011

IN-DEPTH

LEGAL LEADERS

THIS WEEK

THIS WEEK

The lawyers who turn minutes into hours

Emeritus Professor Ron McCallum’s illustrious career

Lawyers leave Freehills and Middletons for the mid-tier

Michael Gorton joins International Alliance of Law Firms

AGAINST THE ODDS

‘TIME LORD’ PARTNERS

BIG LAW TALENT DRAIN

GLOBAL PERSUASION

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Friday 03 June 2011 Print Post Approved 255003/05160

MOVING WITH THE TIMES The making of 10 national law firms

Plus The people and events that shaped their history

In-house

International

Private Practice

Sydney | Construction (Front-end)

Beijing | Project Finance

Sydney | Construction (Front-end)

This major construction corporation is seeking an experienced front end construction lawyer. You will take a lead role on a range of major projects advising on PPPs, Alliance agreements and other related matters. The successful candidate will have 5 years front-end or mixed front and back end construction experience gained at a top firm or recognised industry player. Great role with an impressive company. Ref: SYD/4260/OH

Our client is one of the leading global law firms for project finance transactions advising on complex project structuring and development, financing and large scale construction in China. A role for a Commonwealth qualified associate with strong technical ability in drafting and negotiation of offtake, concession, supply and marketing agreements as well as EPC/ O&M is urgently needed. Mandarin is helpful but not essential. Ref: BEI/4264/RL

Our client is a top tier firm recognised as having one of the most pre-eminent construction practices in the country. In this role you will be responsible for drafting, negotiating and advising on tender and contract documentation (for design, construction, operation and maintenance) for major projects including PPPs. You will have at least two years experience in front end construction with an excellent academic background. Ref: SYD/4078/RL

5 years +

3 – 6 years

2 – 4 years

Inhouse Sydney | Financial Services

Perth | Corporate/Resources

Sydney | Corporate Insurance

This leading financial services provider has a rare opportunity for a highly motivated Financial Services Lawyer to join their expanding team. You will be working closely with key business units providing all aspects of financial services advice with a focus on financial planning and distribution. Strong financial services experience gained in a major law firm and/ or corporate environment and a high degree of commerciality are essential. Ref: SYD/4257/OH

Large, listed resources company has a new role for a dynamic Corporate Lawyer to join their expanding team. Strong Corporate Law experience from a top-tier firm required, preferably acting for major Resources clients on high level transactional and advisory matters. Additional in-house or secondment experience will also be strongly considered. Great opportunity to further your career in this highperforming sector! Ref: PER/4247/DS

This leading, ASX listed insurance and financial services provider is experiencing real growth across the business. They have a new role for a top-tier lawyer with strong experience in advising on insurance products, related legislation and broader corporate/commercial matters including transactional work. Strong future prospects and an excellent package are available within a large & collegiate team! Ref: SYD/4179/DS

5 – 7 years

International

5 years +

4 years +

London | Banking

Singapore | M&A

Singapore | Projects

We are looking for an lawyer experienced in one or more areas such as acquisition, leveraged, project finance or general lending secured from a quality top or similar mid tier law firm to join a London based international firm. In addition to fluency at handling a range of financing transactions a commercial outlook and the ability to maintain and develop client relationships are essential. Ref: LON/4272RL

An opportunity for a commercially savvy senior associate to move across a leading international law firm is now available. Experience managing client relationships and project team members is essential for this key leadership role. You will advise international blue chip clients on major projects, acquisitions and joint ventures in S.E Asia. Solid academics are required. Ref: SIN/4265/RL

A new position with a global law firm has become available for a project lawyer from a top or mid tier law firm to advise major international clients on the acquisition, development and construction of major off shore infrastructure projects and related joint ventures, sales and acquisitions involving water, power and oil-and gas projects in SE Asia.

Knowledge of EPC contracts is essential.

Ref: SIN/4249/RL

Sydney | Litigation

Sydney | Financial Services

Sydney | Banking & Finance

This premier Australian firm has a new opportunity for a savvy and talented litigator with contentious experience in one or more of the following areas; banking, insolvency, insurance, property and have knowledge of the trade practices and relevant court rules. Plenty of direct client contact and the opportunity to supervise junior lawyers. High standard and challenging work on offer together with a great culture and genuine career opportunities.

Ref: SYD/4267/GG

This is an exciting opportunity for an experienced and talented lawyer. Working for a broad range of clients across the financial services and credit industries, you will gain experience providing advice on licensing, regulatory and compliance matters.

Knowledge of the relevant legislation including NCCP and the Corporations Act is essential. A compliance background is ideal but not essential.

Genuine career progression on offer.

Ref: SYD/4149/GG

This highly regarded top-tier law firm is seeking a talented banking and finance lawyer. The Banking & Finance practice acts for domestic and international banks, and a diverse range of major financial institutions. They are seeking a lawyer with a minimum of two years experience to work on a range of banking & finance areas including corporate finance, project/ infrastructure finance, property financing and debt financing. Strong academics and a commercial approach are essential. Ref: SYD/4054/RL

4 – 6 years

Senior Associate

4 years +

Private Practice Senior Associate

4 years +

Senior Associate

Sydney | OHSS

Sydney | M&A / ECM

Brisbane | Property Lawyer

Two roles are available within a team whose clients encompass major corporations and public sector agencies across several industries. The work involves a range of front end compliance work that and advising on regulatory investigations. At the senior level it will be important to demonstrate a breadth of knowledge in this area in order to bring a strategic focus to regulatory compliance issues.

Ref: SYD/4261/RL

Our client’s enviable corporate group includes a capital markets practice comprised of some of the most reputable partners in the Australia. The group regularly advises on high profile capital raisings, IPOs and strategic placements in Australia and internationally.

The M&A team works on both public and private transactions advising both corporate clients and investment banks. This key role will challenge and reward you in providing the opportunity to work on some of the biggest deals around. Ref: SYD/4178/RL

Busy and collegiate Property team seeks a midlevel lawyer with a solid background with property development and off the plan work. You will be proficient with drafting leases and contracts, due diligence and have previously worked on a range of commercial, residential and retail property issues.

Competitive remuneration, excellent benefits and bonus scheme. Become a specialist in this field and learn from the best. Ref: BRI/4262/GG

2 – 4 years and Senior Associate

Sydney | Insurance 2 – 3 years

Join this successful and busy insurance team working for a wide range of high calibre clients. This is a new opportunity for a junior lawyer with at least 2 years experience from a well regarded practice working on commercial litigation or insurance litigation matters.

You will gain experience on a variety of insurance matters including professional indemnity, public liability and range of general insurance matters.

Ref: SYD/4258/GG

Associate

Sydney | Commercial Property 2 years +

This premier group acts for multi-national corporates, major investment banks and others in the acquisition and financing of infrastructure and property projects.

A rare opportunity exists for a talented lawyer with project management ability to join this respected firm. Applicants from top tier and highly regarded mid tier law firms are encouraged to apply.

Ref: SYD/4202/RL

For a full list of active roles that Dolman is working on throughout Australia and worldwide visit www.dolman.com.au For further information, please contact one of our consultants: Gail Greener, Olivia Harvey, Ralph Laughton and Daniel Stirling.

Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

3 – 5 year

Melbourne | TMT 2 – 3 years

Working with down to earth partners that are committed the ongoing development and mentoring of more junior lawyers, this role will see you working on major outsourcing and technology deals, technology commercialisation and strategy, IT contracts, e-commerce and new technologies for the internet and mobile industries. The ideal candidate will have at least two years experience in technology law gained with a reputable firm. Ref: MEL/4255/RL

Contents

“A lot of consolidation ... of national firms happened in the 1980s and 1990s. What we are seeing now globally and regionally is the next extrapolation of that.”

Minter Ellison chief executive partner John Weber on the next evolutionary step for law firms.

Regulars

6 THIS WEEK: A round-up of the latest legal news 10 IN-DEPTH: Law firms are reluctant to incorporate due to a perceived shift in status for partners, writes Claire Chaffey

12 IN-DEPTH: Relationship building – not

shameless self-promotion – should be at the forefront of a law firm’s client strategy. Justin Whealing reports

24 CAREER COUNSEL: The real stumbling block to flexible work arrangements such as part-time roles has more to do with organisational attitudes than the job itself.

Briana Everett reports

26 FOLKLAW: The lighter side of the law

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PRACTICE PROFILE Australia’s succession laws are so complex and uniformity so challenging that legal professionals are wondering if harmonisation will ever be a reality. Briana Everett reports

Features

18 COVER STORY: Australia has a young but rich legal tradition. Lawyers Weekly takes a look at 10 law firms that shaped the nation

Ince & Co is a leading firm of international lawyers. Our global Energy & Offshore practice has an unrivalled reputation for excellence.

But don’t just take our word for it. Read what these leading independent legal directories have to say: “This polished outfit continues to impress commentators for its energy work.”

Chambers & Partners “...great performance and availability, advising upstream oil and gas contractors on contentious and non-contentious matters.”

Chambers & Partners, Asia

EnERgy ambition

16 LEGAL LEADERS: Living with a disability hasn’t stopped Ron McCallum from carving out a career that is the envy of his peers in the legal profession. He speaks to Claire Chaffey about coming out of the darkness

Positions available: Litigation – in Dubai, London, Shanghai and Singapore at 2-5+ PQE Non-contentious – in London at 4+ PQE For a confidential discussion about these roles or to make an application, please contact Karen Pritchard at JLegal on +61 2 8249 4662, or email karen.pritchard@jlegal.com.

See all our current vacancies at incelaw.com/work-at-ince

www.jlegal.com

We don’t believe in resting on our laurels, though. We are ambitious and growing. We’re looking for experienced contentious and noncontentious energy lawyers in Dubai, London, Shanghai and Singapore.

If you share our ambitions, you’ll benefit from excellent career opportunities in an international firm that encourages enterprise and initiative.

Dubai Hamburg Hong Kong Le Havre London Paris Piraeus Shanghai Singapore L AW Y E R S W E E K LY 0 3 J U N E 2 0 11

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Editor’sNote

Editor, Angela Priestley

Lawyers Weekly is delighted to have the following industry leaders on its editorial board

IF ANY further evidence was needed of Perth’s appeal to law firms, then Gilbert + Tobin’s announcement last week that it was entering the market must surely be it.

For years the firm has been building a national capacity equal to that of the top-tier law firms from within the confines of just one city – Sydney. Although it recently crossed state lines to open a small, five-partner office in Melbourne, for the most part G + T has remained a Sydney-centric practice – a fact it has proudly boasted.

But a strong presence in Australia’s largest city is no longer enough to allow full service. Now, G+T will merge with Perthbased Blakiston & Crabb, acquiring seven partners, 24 lawyers and a host of energy and resources clients in the process.

G+T’s latest move follows local firm Moray & Agnew, as well as Magic Circle firms Clifford Chance and Allen & Overy, in expanding into Western Australia.

One could say that Perth, with a population of just under two million, is starting to feel decidedly “over-lawyered”.

But in the current two-speed economy, the geographically isolated state appears to keep on giving to those who commit to it – at least for the moment.

Perth is now not only a vital part of the national law firm network – a theme of this week’s cover story (see page 18) – but also a centrepiece of change affecting the legal profession.

Sydney is no longer the heartbeat of Australian legal services.

As law firms chase prosperity elsewhere, their lawyers will need to follow and listen. Western Australia is becoming increasingly vocal in legal circles – particularly in relation to National Legal Profession Reform, a bill the WA legal profession continues to reject.

On that final note, it’s with great sadness that I sign off as editor of Lawyers Weekly before the real impact of these shifts in legal practice is truly known. Indeed, there are interesting times ahead and, as many in the profession have relayed to me in recent weeks, lawyers and their employers need to brace themselves for even more change.

But it’s also a pleasure to be able to hand the reins of Lawyers Weekly to my colleague and friend, Justin Whealing, who will no doubt deliver more on the changes, challenges and aspirations of the profession. With the help of dedicated journalists Claire Chaffey and Briana Everett, I am confident the magazine will continue to evolve to meet the needs of you, our readers.

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EDITORIAL BOARD

L AW Y E R S W E E K LY 0 3 J U N E M AY 2 0 11

Freehills loses financial services team Partners will be partners Baby boomers need to get out Law firms need to stop selling and start listening 5 Herbert Smith and Blake Dawson merger refuted by insider 6 Law students self-incriminating on Facebook 7 Sparkes defectors return to Middletons 8 Mallesons partner earns bench spot 9 Footballer sues Twitter 10 Judge with mental illness faces dismissal

Andrew Grech Managing director, Slater & Gordon

Nick Abrahams Partner and Sydney chairman, Norton Rose

Will Irving Group general counsel, Telstra Corporation

Helen McKenzie Deputy managing partner, Blake Dawson

Sharon Cook Managing partner, Henry Davis York

Joe Catanzariti Partner, Clayton Utz

David Cowling Partner, Clayton Utz

Robert Milliner Chief executive partner, Mallesons Stephen Jaques

Ewen Crouch Chairman of partners, Allens Arthur Robinson

Megan Pitt Director, Australian Government Solicitor

Sue Gilchrist Partner and practice leader (intellectual property group), Freehills

Lucinda Smith Partner, Thomson Lawyers

ABOUT US Editor: Angela Priestley Deputy Editor: Justin Whealing Contributors: Claire Chaffey, Briana Everett, Sarah O’Carroll, Ben Nice Design Manager: Anthony Vandenberg Production Editor: Vanessa Fazzino Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes SUBSCRIBE TODAY Lawyers Weekly is published weekly and is available by subscription. Please email subscriptions@lawyersweekly.com.au All subscription payments should be sent to: Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067 ADVERTISING ENQUIRIES: Adrian Fellowes adrian.fellowes@lexisnexis.com.au (02) 9422 2134 (mob) 0407 489 060 Vic, SA, WA: Stephen Richards (02) 9422 2891 EDITORIAL ENQUIRIES: Angela Priestley angela.priestley@lexisnexis.com.au (02) 9422 2875 All mail for the editorial department should be sent to: Lawyers Weekly, Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067

CAB MEMBER SINCE SEPTEMBER 2000 Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher.

Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Officer, LexisNexis Australia or email privacy@lexisnexis.com.au. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.

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thisweek

Movers & Shakers

DE AL OF T HE W E E K

Deal name: Archer Capital on its acquisition of a controlling stake in V8 Supercars Holdings Pty Ltd Key players: Corrs Chambers Westgarth; Baker & McKenzie

Corrs drives V8 Supercar deal CORRS CHAMBERS Westgarth is advising leading private equity house Archer Capital on its acquisition of a controlling stake in V8 Supercars Holdings Pty Ltd, advised by Baker & McKenzie.

The transaction will ensure the continued development of V8 Supercar motorsport in Australia and was undertaken at an enterprise value of more than $300 million.

The Corrs team was led by partners James Rozsa and Shawn Wytenburg, and supported by senior lawyers Felicity Daley, James Delesclefs and Andre Helsloot.

When the transaction completes in June, Australian Motor Racing Partners Pty Ltd (AMRP), supported by Archer,

will become the major investor in V8 Supercars.

The racing teams and management will hold the remaining 40 per cent or so equity interest in V8 Supercars.

Until this deal, the V8 Supercars Championship has been jointly owned by the teams (75 per cent) and Sports Entertainment Ltd (SEL, 25 per cent).

Under the agreement with AMRP, SEL will leave the business after a 14-year tenure as founding investor.

SEL has been central in the growth of V8 Supercars, overseeing all commercial matters including management of media rights and sponsorships. The company has agreed to continue to act in an advisory role in the upcoming negotiation of the V8 Supercars media rights.

The current V8 Supercars management team will remain in place.

Brendan Wykes led the Baker & McKenzie team.

DE AL MAKERS

Roger Davies

Kym Livesley

Ian McCubbin

Firm

Blake Dawson

Gadens (Metminco); Clayton Utz (Barrick)

Norton Rose (Ashan); Clayton Utz (Gindalbie); Cooney Legal (Karara)

Deal name

Gold One International on acquisition of Rand Uranium

Metminco Ltd on material transactions to strengthen asset base

Ansteel as JV partner with Gindalbie Metals Ltd on increase to existing project financing for Karara Iron Ore Project

Area

Energy and resources

Energy and resources

Energy and resources

Value

$US250 million

Not disclosed

Not disclosed

Key players

Blake Dawson’s Roger Davies

Gadens’ Kym Livesley

Norton Rose’s Ian McCubbin and Alen Pazin

Mallesons partner earns a spot on the bench Ashley Black, a dispute resolution partner at Mallesons Stephen Jaques, was appointed a NSW Supreme Court judge. Having held the position of partner for 16 years, Black has experience in complex commercial and corporate litigation and has acted on numerous regulatory inquiries.

He will be sworn in on 4 July.

Allens’ Allchurch to sit on JWS pews Prominent banking and finance lawyer Matthew Allchurch will leave Allens Arthur Robinson to take up a partnership position with Johnson Winter & Slattery.

Allchurch has been a partner at Allens for 10 years, and before that a partner at Clayton Utz between 1992 to 2001. He will start in the Sydney office of JWS in September.

Maddocks recruits tax and M&A specialists Maddocks has added tax lawyer Marlene Binnekamp to its tax controversy group as a senior associate. Binnekamp (pictured) comes from the Australian Government Solicitor (AGS), where she was a tax litigator. Prior to AGS, Binnekamp worked as a finance and banking tax adviser at Mallesons Stephen Jaques.

Mergers and acquisitions lawyer Catherine Debreceny has also joined the Maddocks team after three years at Mallesons.

Joining Maddocks’ commercial group as a senior associate, Debreceny also spent more than seven years working in New York with specialist private equity and financing firms, Kirkland & Ellis and Reitler Kailas & Rosenblatt.

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thisweek xarbitration conferencex

xmid-tier expansionx

Talent walks in big law shake-up

Sydney reaps rewards of Clutz connection SYDNEY HOSTED a leading international legal conference, thanks to the connections of Clayton Utz partner Doug Jones.

Some of the biggest and most controversial legal names descended on the Sofitel Sydney Wentworth hotel to discuss solving commercial disputes as part of the Chartered Institute of Arbitrators (CIArb) Asia-Pacific Conference on 27 and 28 May. The theme of the conference was “Investment and innovation: International dispute resolution in the Asia-Pacific”.

Speakers included Lord Peter Goldsmith, the attorney-general of the United Kingdom between 2001 and 2007, federal Attorney-General Robert McClelland and the former chief justice of NSW, James Spigelman.

Clayton Utz partner Doug Jones is the first Australian president of the Londonbased CIArb, which has around 12,000 members and is the leading global body of arbitrators.

Jones was instrumental in bringing the conference to Sydney. “Sydney wasn’t the first venue nominated, but when I realised it would happen in my presidential year [an Asia-Pacific conference], there were certain influences brought to bear which led to us being here today,” Jones said when opening the conference.

McClelland spoke about recent developments in commercial arbitration in Australia, such as the opening of the Australian International Disputes Centre last year, as evidence that the country was looking to challenge traditional seats of arbitration in Europe and Asia.

“The changes the Australian international arbitration scene has undergone over the past few years means that we can stand alongside these countries, including Singapore and Hong Kong, as one of the choices of businesses in deciding to arbitrate in the Asia-Pacific region,” said McClelland.

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Two of Australia’s largest law firms took a hit last week after losing a considerable chunk of their talent to the mid-tier.

Lander & Rogers’ Melbourne financial services arm snapped up a team of seven from freehills, while Sparke Helmore fought back after the 2008 defection of its banking and finance team – reclaiming the group from Middletons.

Long-time freehills partners Natalie Gullifer and Peggy Haines will leave the top tier to join Lander & Rogers on 1 June, along with Beth McConnell, Marlene Hewer and three other staff.

Gullifer, who has been a partner of freehills since 2004, heading up the firm’s Melbourne superannuation and financial services team, will join Lander & Rogers’ corporate advisory group.

Haines, a partner at freehills between 1995 and 2009, will join Lander & Rogers as a consultant. She has worked exclusively in superannuation and financial services for the past 20 years and was a consultant to the federal Government’s recent Cooper review of the superannuation system.

“The firm has been looking to expand its offering in the financial services sector. Natalie and Peggy have together operated a highly successful financial services practice over the past 15 years,” said Lander & Rogers’ corporate advisory group head Anthony Seyfort.

Returning to the firm they left in 2008, Middletons partners Ben Burney and Adam fuller, as well as senior associate Maggie

McGushin, will rejoin Sparke Helmore’s banking and finance team. Also joining Sparkes from Middletons are lawyers Andrew Johnston, Matthew o’Sullivan and Kate Stevens, along with paralegal Kylie Young.

In a statement last week, Sparke Helmore cited “renewed activity by financial services clients” as the reason for the team’s move. “we’re thrilled that Ben and Adam are returning to Sparkes, and the timing couldn’t be better,” said Jesse webb, the firm’s national managing partner.

“Ben and Adam are returning to a much stronger firm. with Richard Morrison, Michael Palfrey and Grant Parker now also with us, our commercial team is gaining real momentum.”

McGushin, Johnston, o’Sullivan and Stevens commenced at Sparke Helmore on 30 May. The commencement date for partners Burney and fuller is yet to be negotiated with Middletons.

xrumour refutedx

Herbert-Blake merger speculation ‘lacks substance’ A SENIOR partner at Herbert Smith has dismissed talk of a merger with Blake Dawson as “press speculation”.

Speaking to Lawyers Weekly on the condition of anonymity, the Asia-based partner said that reports of a merger between the two firms “lacked any substance”.

With Allen & Overy, DLA Piper and Clifford Chance entering the Australian market over the space of the past 13 months, speculation has intensified that Australian firms are looking to link up with large global firms like Herbert Smith to shore up their domestic client base.

Asked by Lawyers Weekly if it had entered into merger discussions with Herbert Smith or any other firm, a Blake Dawson spokesperson

replied that the firm “doesn’t comment on rumours in the market”. Herbert Smith also did not respond to enquiries for an official comment.

Stuart Fuller, who will take over from Robert Milliner as the chief executive partner of Mallesons Stephen Jaques next year, told Lawyers Weekly last month that his firm was still looking at the possibility of a merger with a global law firm after discussions with Clifford Chance broke down.

“It is a clear part of our strategy to create or join a leading international network,” said Fuller.

“That has been an aspiration of this firm for as long as I have been a partner. I expect there will be some good opportunities around and we will execute against that strategy.”

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thisweek

G+T heads west

The once Sydney-centric Gilbert + Tobin will open in Perth to ensure it captures the full gamut of high-end client work Gilbert + tobin will merge with Perthbased firm blakiston & Crabb in order to secure an energy and resources practice and take on the top-tier firms.

Seven partners and 24 lawyers from blakiston & Crabb will join Gilbert + tobin, which is set to benefit from blakiston & Crabb’s international work and list of clients operating in Africa.

Managing partner Danny Gilbert told Lawyers Weekly that acquiring the energy and resources expertise, as well as a Perth base, was necessary for the firm to move into a new tier of legal services. “it’s hard to think how we could really say that we were one of the leading corporate

firms in the country when, if we don’t have corporate expertise in this area, we miss a lot of work,” he said.

While Gilbert did not rule out a global merger in the future, he dismissed speculation that his firm was only moving to Perth to make it more attractive to global law firms. “We’re doing it because it’s a sensible thing for us to do,” he said.

“We’re not looking to do a global merger, but if the right opportunity came along with one of the truly outstanding global firms, then that would be something we’d have to think about. Having a resources practice would aid that if indeed at the time that’s what we wanted to do.” the merger follows a one-year alliance between the firms. Prior to that, the firms shared little in common, with Gilbert making a “cold call” to blakiston & Crabb’s managing partner to initiate a relationship. “i picked the phone up one day and made a cold call to Michael blakiston. i had never met him or spoke to him before in my life,” said Gilbert. “i said, ‘i’d like to come and talk to you. We’re wondering what we should be doing in Perth’.”

Gilbert + tobin’s move to the west coast follows a host of local and international law firms entering the market over the past 18 months – notably, Clifford Chance earlier this year and Allen & overy in early 2010.

A one-city firm just 18 months ago, Gilbert + tobin initially commenced its national expansion by opening a five-partner office in Melbourne.

However, Gilbert said the firm is not on a mission to “go national”, but rather to position itself where a “law firm needs to be”.

He said there are no plans for the firm to open additional offices in brisbane or Adelaide.

xinternational appointmentx

Melbourne lawyer to help lead legal alliance RUSSELL KENNEDY principal Michael Gorton AM has become the first Australian to be elected vice-president of the International Alliance of Law Firms.

Announced at the alliance’s annual meeting in Chicago last week, Gorton will help lead an international network of 60 law firms in 43 countries across the Americas, Europe, Asia and Africa.

“Our participation in the alliance enhances the network of firms available to our clients across the globe,” said Gorton.

“I am delighted to be the first Australian representative in the leadership of the alliance and will strongly represent both Australia and the Asia-Pacific region.”

Gorton has worked at Melbourne-based

Russell Kennedy for 29 years, practising in company, contract and commercial law as well as health law, trade practices, mergers and acquisitions and intellectual property.

A Member of the Order of Australia, Gorton is also a board member of Victoria’s Equal Opportunity and Human Rights Commission, Melbourne Health (Royal Melbourne Hospital) and the Australian Health Practitioner Regulation Agency.

At the IALF’s annual meeting, attended by more than 100 lawyers from across the globe, members discussed a range of professional and industry issues such as technology, marketing and business development and alternative fee structures and professional development issues.

US/UK Update

xnational mergerx

Eversheds extends Middle East reach UK firm Eversheds has merged with Middle East law consortium KSLG, trebling the firm’s size in the region, reports The Lawyer. The merger, which is effective from 25 May, gives Eversheds seven new partners and 30 lawyers across offices in Amman, Baghdad, Dubai and Riyadh, in addition to existing offices in Abu Dhabi and Doha. All offices, except Riyadh, will be fully integrated into Eversheds’ LLP. Addleshaws lets 40 go National UK firm Addleshaw Goddard will cut up to 40 jobs across its business services section due to falling revenue and profits, as well as overhaul the firm’s management and operational structures, reports Legal Week. The firm has launched a one-month consultation with those at risk of redundancy in the business services division. No fee earners will be affected.

Met police case allowed The British High Court has maintained a judicial review application against a Metropolitan Police investigation into phone tapping allegations against media organisation News of the World, reports The Lawyer. Justice Foskett said former deputy prime minister John Prescott, MP Chris Bryant and former Metropolitan Police deputy assistant commissioner Brian Paddick were entitled to establish judicial review proceedings against the London police.

PM seeks review of privacy laws Debate about privacy laws has continued to dominate headlines in the UK, with Prime Minister David Cameron commenting on the sustainability of privacy injunctions after an MP used parliamentary privilege to name the footballer at the heart of a privacy row, reports Legal Week.

Speaking on morning television last week, Cameron called for a review of privacy laws that he described as “unsustainable”.

Hogans pressed to seek charges UK firm Hogan Lovells is under pressure to seek a police investigation into senior litigator Christopher Grierson, who was sacked from the partnership for claiming more than £1 million ($1.5 million) in false expenses – mainly airfares – over a four-year period, reports The Lawyer. The 59-year-old worked at the firm for more than 30 years and the incident was referred to the Solicitors Regulation Authority.

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indepth

Partners will be partners Law firms are reluctant to incorporate due to a perceived shift in status for partners, writes Claire Chaffey

T

he erosion of traditional law firm values and a reluctance to give up the status that partnership brings are at the heart of the ongoing debate about the merits of law firm incorporation.

The topic of “Incorporation: What’s in it for your practice?” was tackled during a panel discussion at a LexisNexis* practice management conference held in Sydney on 24 May. During the discussion, several high-profile speakers from both incorporated and non-incorporated firms shared their views on the advantages and disadvantages of law firms becoming corporations.

A prominent issue that arose was the notion that incorporation would not suit many established law firms because partners in law firms enjoy being just that, and the idea of becoming “mere employees” in a corporation does not appeal to them. “There would be an impact on partners in terms of their perceived status,” said Clayton Utz chief operating officer and partner Stuart Clark.

“They will have gone from being partners in a law firm, which has a particular level or standing, to being – dare I say it – merely employees in a corporation. For some people, that would be a significant factor and one that I don’t think should be underestimated.”

Gilbert + Tobin managing partner Danny Gilbert agreed, saying that while the firm had considered incorporation, the benefits were simply not persuasive enough. “Partners like being partners in a law firm. They like to think that they’ve got a say,” said Gilbert.

“They don’t really want to be treated like employees. I don’t think partners are going to easily have that wrested away from them.”

Margaret Pavey, the national practice manager of incorporated law firm Mason Black Lawyers, said partner perception is already a very real issue for the firm and one they are preparing to deal with more and more as the firm grows and expands. “Senior lawyers generally aspire to partnership status, and they may feel that an incorporated legal practice does not provide them with the recognition they need in the profession, nor the control they may wish to have over their business,” said Pavey.

“I think this will be an issue that my practice

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will confront going forward as our practice matures and grows... I have lawyers in my own firm right now lamenting this very fact.”

Incorporation and pro bono Another concern raised by panelists was the notion that incorporation could potentially erode traditional legal obligations and practices, particularly in relation to ethics and pro bono.

“Incorporation may encourage lawyers to take a different approach to their ethical and fiduciary duties and obligations over time,” said Clark.

“There is a probably a risk, in the long term, as to how lawyers see their pro bono obligations.

Pro bono is an important part of practice ... and I have some concerns that incorporation may, in time, see that whittled away.”

Gilbert argued, however, that incorporation would have no effect on ethics and pro bono obligations and that it is essentially the “personality” of the firm that will determine how it behaves in this regard.

“There has been a lot of noise about ethical obligations ... and the ethicists were concerned that we would see a departure from the best

traditions of the profession. I am not worried about that,” said Gilbert. “If you’re not interested in pro bono, you won’t do it; if you are, you will. It doesn’t make a difference if you are incorporated or not.”

Despite the discussion of numerous other potential disadvantages associated with incorporation, such as capital gains tax issues and an increase in reporting requirements under the Corporations Act, the principal of Crowe Horwath Business Advisory – Legal Enterprises, Andrew Chen, said that for the majority of start-up firms in NSW, incorporation is now the preferred model.

“It depends on the size of the firm and the model that your firm is trying to pursue,” said Chen. “Most incorporated practices in NSW are at the smaller end of town, and in my experience ... they are predominantly going down the incorporated route. But if you’re an existing firm and you want to go from a traditional partnership model into an incorporated practice ... those hurdles are too great.” LW * Lawyers Weekly is published by LexisNexis.

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indepth

stop selling, start listening Relationship building – not shameless self-promotion – should be at the forefront of a law firm’s client strategy.

Justin Whealing reports

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he head of legal at NRMA Motoring & Services has called on law firms to drop the hard sell and pay attention to in-house lawyers.

Paul Rogerson, who left his role as the head of compliance at Westpac to join NRMA earlier this year, told the LexisNexis* practice management conference, held in Sydney on 24 May, that law firms need to spend less time “cross-selling” – which involves private practice lawyers talking up the capabilities of their firm in other areas in an attempt to win more work – and more time listening to their clients’ concerns.

“Find out from the client what is front of mind for them, and suggest how you can potentially solve those issues,” advised Rogerson. “Rather than saying, ‘You can deal with Fred over here, he is a fantastic M&A lawyer, and you can deal with Mary over there, who is a fantastic litigator’.

“If you are trying to sell the client something, what your client is thinking is, ‘Why? Why are they trying to sell me something I don’t necessarily need or want?’ Find out from your client what they want or need, and see how you can meet that need for them.”

When Rogerson asked the audience of mainly private practice lawyers if they engaged in cross-selling, many audience members nodded in acknowledgement. Hunt & Hunt partner and chairman Maureen Peatman said, “We are all asked to do it”, before agreeing with Rogerson that the technique doesn’t work very well.

Rogerson – who has extensive in-house experience in the banking and finance sector, including previous roles with ABN Amro and St George Bank prior to joining Westpac – said law firms have a much greater opportunity to put the client first compared with large retail banks, because they have significantly less clients to please.

“Banks always talk about putting the

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e “Many of thes e ar rs lawye the desperate and dateless, looking for things to do” on , he ad pauL rogers Ma nr L, ga Le of serv ices MoToring &

customer at the centre of everything they do,” he said. “When you have 10 million customers, you can’t possibly be fussing over all of them.”

Rogerson related a story from his time at ABN Amro when a well-known national law firm would call him or a senior member of the in-house legal team, asking if there was anything they could be working on for them over the weekend.

“Every Friday afternoon they would ring and wrap up the week about where the matter was at, and ask if there was anything else that you wanted done over the weekend,” he said. “They were happy to do it, because they got paid for it.”

“It was that sort of level of client care – and they are all indoctrinated to do it – that gave this firm a very positive vibe and distinguished itself from its two main rivals.”

With his legal team at NRMA currently going through a tender process to select external legal advisers, Rogerson said the value of relationships is a key point of differentiation – not how many awards a firm has won or the quality of its work in areas that might not be relevant to the

client. “I was staggered by the amount of lawyers one firm put forward. They told me all about the wonderful things they have done, and how certain lawyers were in Chambers’ top 500 for this, that and the other,” he said. “I was thinking, ‘Why do I need to have 15 lawyers?’”

Rogerson added that many in-house counsel are wary of firms that big-note their lawyers in an over-the-top manner. “Many of these lawyers are the desperate and dateless, looking for things to do, and they think they can possibly pick up a bit of work and make a bit of money.

“But the truth of the matter is, that doesn’t cut it... All of your competitors have those sorts of people, so what makes you different from anybody else? What can make you different is the quality of the relationship.”

Beware the ‘Time lord’ partners Rogerson also spoke about the need for law firms to offer alternative billing arrangements to clients, citing an example during his tenure at St George Bank when he engaged a firm they “needed to be tough on” for a fixed fee of $60,000 for a particular piece of work.

“If the firm does it for $20,000, they still get $60,000, because what we are buying is their expertise – and I am happy to pay $60,000,” said Rogerson. “I used to watch the bill come in every month, and I could see how things were rounding up because the special counsel would charge for two hours worth of work, while the supervising partner was charging for 2.5 hours to review the advice.

“This led me to conclude that either the general counsel should be fired, or the partner was what in-house counsel would describe as a ‘Time Lord’ – someone who can turn five minutes into five hours without any trouble.”

Rogerson said that under the fixed-fee arrangement, he noticed that those sorts of exorbitant costs would diminish over the duration of the project being worked on.

“This sort of thing happened all the time, but I didn’t really care because we would remind them they were chewing through the billable hours at a great rate of knots, and that they were more than halfway through the cost but not halfway through the task,” he said.

“So be careful,” he warned, “Because when you get to $60,000, we are not paying another penny.” LW * Lawyers Weekly is published by LexisNexis.

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practice profile

slow to succeed Australia’s succession laws are so complex and uniformity so challenging that legal professionals are wondering if harmonisation will ever be a reality. Briana Everett reports

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he move to harmonise Australia’s state-based succession laws is not new.

The idea has been canvassed since 1991, when the Standing Committee of Attorneys-General launched the Uniform Succession Laws Project (USLP).

And after 20 years, the push by states and territories for a national system is getting a little old, with some industry members saying they are not confident it will ever eventuate.

In addition, the lack of co-operation between the states – including South Australia’s refusal to be involved from the outset – has led others to believe uniformity was an impossible goal from the beginning.

“We haven’t really got uniform laws,” says Pam Suttor, co-chair of the Law Council of Australia’s Elder Law and Succession Law Committee (LCA ELSLC). “I’m uncertain whether our new government is as anxious to put forward the project and so we have to wait until they settle into it. They are very big changes being proposed that might be, in many ways, opposed.”

Similarly, Mills Oakley taxation team leader Jack Stuk says the introduction of new succession legislation has failed to produce any significant changes. “The concept of uniform legislation has been mooted by various law societies for about a decade. I think I’ll grow very old waiting for it to come into play,” he says. “Don’t get me started on that.”

While uniformity has been achieved with respect to the law surrounding wills, governments have stopped short of achieving complete uniformity across the board, with some states lagging behind in making changes to intestacy and family provision laws.

“NSW has certainly moved faster and further than the other states, but the [Uniform Succession Laws Project] is sitting on the sidelines at the moment,” says Suttor.

Despite the lack of progress, Slater & Gordon practice group leader Rod Cunich believes the push for uniformity is a positive move for Australia. “Generally speaking, it’s a good thing because it means you don’t have some states having laws operating more unjustly than others,” he says.

And, according to Cunich, some of the

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of attorney formed in South Australia is a valid exercise of power in NSW. “Uniform recognition of powers of attorney is an incredibly important one for older people,” says Suttor.

The challenge for lawyers

reforms will have a significant impact, with the recent introduction of new intestacy laws in NSW constituting one of the biggest developments in the area.

“This has probably been one of the biggest changes in terms of shocks to the system.

Effectively, they have drafted legislation to try to mirror what would happen if the court would have considered the case, but there are a couple of surprises,” he says.

With the USLP currently sidelined, Suttor points to other issues on the table, including the nationalisation of registration for births, deaths and marriages. “What’s more important and more achievable at this moment is getting births, deaths and marriages registrations onto the national harmonisation project,” she says.

“That’s incredibly important because of this peripatetic [lifestyle of Australians]. Especially in the intestacies where people don’t necessarily know their families, where people have been moving from state to state, where different states have different levels of privacy protection.

There’s a great deal of expense if we can’t look to a national register.”

As co-chair of the ELSLC, Suttor says the call for a national births, deaths and marriages register is an issue currently being lobbied by the Law Council of Australia – one she hopes is not too controversial.

Also on the LCA’s nationalisation agenda is the task of achieving uniform recognition of powers of attorney so that, for example, a power

Given the inconsistency of legislation among the states and territories, lawyers working in the area of succession and estates must be across a number of different areas and bring with them a range of different skills, competencies and perspectives.

“I regularly work with business owners on processes together with an accountant, a tax lawyer and a financial planner,” says Mills Oakley partner Martin Checketts. “The multidisciplinary aspect is very important.”

Similarly, Stuk says creating a proper succession plan requires a significant degree of finesse and care – much more than what was required 20 years ago. “There’s been a quantum change in the skill sets and disciplines required to do a proper succession or estate plan,” he says.

Highlighting the challenging nature of this area, Suttor emphasises the need for better co-operation among the courts, the legal profession and consumers, as well as the continued education of legal practitioners.

“It needs good practitioners because elder law and succession law have such a wide coverage,” she says.

“You’ve got to be a good property lawyer, you’ve got to know family law, you’ve got to know trusts, you’ve got to know corporations and you’ve got to know the technicalities of will-making. You’ve also got to have a certain empathy when clients are making application for greater provision from estates.”

Improving awareness Aside from the challenges presented by the absence of uniform succession laws, the lack of understanding among consumers of the importance of making a will is adding to the day-to-day difficulties for lawyers.

According to a recent survey conducted by Slater & Gordon, 47 per cent of Australian adults do not have a will and, of those who don’t have one, 63 per cent know they should.

“Almost 50 per cent of people don’t have

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practice profile “A really strong message we try to bring out is that a succession plan based on your will is a bankrupt succession plan” MARTIN CHECKETTS, PARTNER, MILLS OAKLEY

wills and that continues to be the single biggest problem,” says Cunich. “When people get them, they either don’t execute them properly or they lose them. So a lot of people die without a will.

It’s left in the lap of the gods as to what happens to their assets.

“And while this new intestacy law says who gets what, it doesn’t necessarily mean that the people who you would have wished the assets to go to will end up with them.”

Cunich adds that the perceived value of wills has diminished over time as a result of trustee companies offering free wills to consumers. “These companies have really devalued the importance of wills in the marketplace,” he explains.

“Almost 50 per cent of people don’t have wills and that continues to be the single biggest problem… It’s left in the lap of the gods as to what happens to their assets” ROD CUNICH PRACTICE GROUP LEADER, SLATER & GORDON

“To do a will properly requires someone to actually apply their mind to it and think about a person’s circumstances, which takes time and therefore costs money. In the eyes of consumers, because people give away wills, they think: ‘Why should I have to pay for them?’”

Likewise, a number of people are unaware of the importance of having both a succession plan and an estate plan to ensure the protection of their tangible and intangible business assets.

“A really strong message we try to bring out is that a succession plan based on your will is a bankrupt succession plan,” says Checketts.

“A lot of clients see their business succession plan as being addressed by their will… The problem with that is that wills can be contested.”

“The concept of uniform legislation has been mooted by various law societies for about a decade. I think I’ll grow very old waiting for it to come into play” JACK STUK, TAXATION TEAM LEADER, MILLS OAKLEY

To address this widespread lack of awareness among Australians regarding the importance of succession plans and making a will, the Law Society of NSW and the NSW AttorneyGeneral will launch Will Awareness Day in August – a regional event designed to provide information about wills and recent changes in the law.

“In excess of 150 NSW practitioners will go out and speak to groups throughout the state on the importance of making a will,” says Suttor.

“We will not just be dealing with the normal people getting older making a will, but also young people who often don’t realise how much they have in superannuation.” LW

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legalleaders

against the odds Living with a disability hasn’t stopped Ron McCallum from carving out a career that is the envy of his peers in the legal profession. He speaks to Claire Chaffey about coming out of the darkness

E

meritus Professor Ron McCallum AO is completely blind. He has been since he was born, prematurely, in 1948.

He has never seen his wife’s face, or his children’s. He has, in fact, never seen anyone’s face. Sometimes, he says, he feels like parts of his brain are missing, and concepts that to the seeing are simple – such as the glowing light of a computer mouse – are difficult to grasp.

But this is not a situation he laments; nor is it one that defines him or causes him sadness.

He says he has been far too loved in his lifetime, has too many things for which to be grateful, and too many important roles to fill to spend time contemplating what many others might see as a great loss.

Whether he is teaching law students at the University of Sydney, consulting at law firm HWL Ebsworth or chairing the United Nations Committee on the Rights of Persons with Disabilities (UNCRPD), McCallum does it all with great intellect, integrity, humility and, above all, an unfailing sense of humour.

Understandably, this makes him popular among his students and peers, and has elevated him to the rank of role model – not only for those in the legal profession, but also for his fellow “brothers and sisters”, as he calls others with disabilities.

McCallum has become a leader in the truest sense of the word: an example of excellence, against all odds, in the legal profession and an inspiration for the four million Australians living with disability.

Humble beginnings McCallum was born into a poor family in Melbourne at a time when there was limited technology to ease the burden of living with total blindness. When he went to school, nothing was straight-forward; everything had to be read to him, and his prospects of a fulfilling career were limited.

At the time, clerical occupations weren’t open to the blind, and McCallum was faced with the prospect of either making baskets, which was then the occupation of

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choice for the blind, or go onto something at a high level. Fortunately, and despite the obvious difficulties associated with academia and blindness in the pre-computer age, McCallum excelled in his high school studies.

Ironically, it was the very fact he is blind that pushed him into tertiary study.

“I came from a very poor background and … my brother was a truck driver,” he says. “As one of his friends said to me, ‘Well, Ron, if you can’t drive a truck you might as well go to university’.

So really, I think in some ways, being blind has given me great opportunities.”

Passionate about history, McCallum initially wanted to become a history teacher. Perhaps

intuitively, however, his mother suggested he give law a go.

Beginning his studies at Monash University in 1967, McCallum had heard of an associate professor by the name of Lawrie McCredie.

McCredie had suffered a military accident in 1952 and, when they eventually crossed paths, McCredie wielded great influence on McCallum and was able to show him just what people with a disability could achieve.

“Lawrie … saved the life of a recruit,” he says. “He saved his life but lost his hand and his sight. So Lawrie was a great inspiration to me.”

McCallum also found great inspiration in the law, and his dreams of teaching history soon

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legalleaders “I think in some ways, being blind has given me great opportunities”

Anyone who knows McCallum is familiar with his self-deprecating sense of humour, quick wit and larger-than-life persona. While these traits naturally endear him to those around him, they are also ones that McCallum – in a world in which he could see – would have liked to have used in a different capacity.

“I would have loved to have become a barrister. I think there’s a bit of an actor in me,” he says. “But I could see that I would have to have every document read to me, either into a tape recorder or read to me directly. In court, people often come up with documents at the last minute, so I could see that I might get ambushed.

“In 1971, being a barrister was not open to me, but if I were 23 years old in 2011, with all the technology, I’d jump at being a barrister.”

The courtroom’s loss, however, was the gain of thousands of law students who have, over the past 37 years, had McCallum – who was the first totally blind person to ever receive a full professorship at an Australian university – as their lecturer.

He insists that all his students call him Ron (“No one has ever called me ‘professor’”) and is concerned about the pressures and expectations placed on students today.

“It is often the case that older people say that things are much better now, and it’s true that for persons with disabilities there are huge technological changes,” he says. “But the pressures on students are much greater today…

“When I was a young teacher at Monash Law School, there was no Federal Court. You forget about the avalanche of laws and statutes and, because of the internet, we make students do a lot more research. I think it is probably just as difficult today as it was when I was a student 41 years ago.”

a brilliant career McCallum has gone on to create for himself a career that is the envy of many. He has taught law students around the world, authored numerous books on labour law, served a fiveyear term as dean of the law faculty at the University of Sydney, was the inaugural president of the Australian Labour Law Association, and the Asian regional vice-president of the International Society for Labour and Social Security Law. Deservedly, McCallum was also named the 2011 Senior Australian of the Year – a title with which he struggled at first, he laughs, because “I always think of myself as such a young thing”.

While this list of achievements is by no means exhaustive, it is perhaps his current

Ron McCallum with the first UN Committee on the Rights of Persons with Disabilities in 2010

“Leaving aside family, the most important thing I have done has been to teach law students, well, for 37-odd years”

Photo: kate M c CalluM

Date with destiny

Ph oto: M ary Cro Ck

faded into the background. His mother’s suggestion, it seemed, would become his calling.

McCallum and wife Mary Crock hold a portrait, painted by Crock, depicting McCallum at home reading Braille

position as chair of the UNCRPD that he counts as a career highlight. “There have been only three other Australians who have been on United Nations treaty bodies,” he says without even a hint of pretension.

“It is only myself and [one other] who have had the privilege of being chair of a United Nations treaty body, so that has to be a career highlight.”

The passion McCallum has for the work of the UNCPRD is obvious, and he becomes animated as he discusses the recent progress the committee – which is made up of 18 members from around the world (15 of which have disabilities) – has made with Tunisia.

“In October last year we decided we’d go ahead [and deal] with the report from Tunisia,” he recounts. “Well, we didn’t anticipate the 14 January revolution. This occurred, but Tunisia said they would still agree to dialogue…

We had a fascinating discussion.”

Tunisia is drafting its constitution, explains McCallum, and the committee questioned whether people with disabilities were involved and suggested that proper discrimination laws, with concepts like “reasonable accommodation”, be established.

“We asked them to ensure that people with intellectual or psycho-social disabilities aren’t restrained in institutions simply because of their

disability. They have agreed to look at all of our recommendations. It’s quite extraordinary.”

Crowning achievements Despite his work with the UN, McCallum is still adamant that the most important thing he has ever done – aside from marrying fellow law professor Mary Crock and having three children – is becoming a teacher.

“Leaving aside family, the most important thing I have done has been to teach law students, well, for 37-odd years,” he says.

“I don’t think that my students think about persons with disabilities in the same way.

There is nothing like dealing with people on an equal basis, whether it is disability or gender or race, and you suddenly realise they are all the same.

“That is the most lasting thing I have done.

It’s our living and our interaction with people, and the moment of being with people, that really counts in life.” LW Watch Lawyers Weekly’s exclusive video interview with Ron McCallum at www.lawyersweekly.com.au.

Hear what he has to say about love, equality and the secret to happiness.

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nationalfirms

From little things For a young country, the rich histories of Australia’s law firms can surprise.

Many large firms can trace their roots back to the mid-1850s, when a couple of entrepreneurial individuals with business nous and excellent legal skills opened small, single-city firms across the country.

Indeed, many such practices retained their one-city, key-client focus for decades into the 20th century.

Then, around the 1970s, merger activity began. Sydney firms became Canberra firms, Perth firms became Melbourne firms and the national law firm network started slowly creeping across the continent.

Blake Dawson Since its 1841 inception in Melbourne, Blake Dawson has had many different names.

Founded by Scottish expat James Hunter Ross, the Victorian firm was known as Blake & Riggall for 114 years after Arthur Palmer Blake (pictured at right) joined the partnership with lawyers Robert William Nutt and William Riggall in 1866.

Maintaining its Melbourne presence for many years, it was the opening of George Charles King Waldron’s Sydney practice in 1881 that would eventually lead to Blake Dawson’s expansion in NSW. Setting up shop on Sydney’s Pitt Street, Waldron went on to become the Sydney city solicitor – a position that was held by partners of the firm for more than a century. His practice then became Waldron & Dawson after Percy Sydney Dawson joined the practice in 1891.

Following the 1898 death of Waldron, the Sydney practice then became Dawson,

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Today, firms continue to branch beyond their historic borders to build their offerings and realise their national capability.

So what does it mean to be national?

For the purposes of the next few pages, it means having coast-to-coast coverage and a firm presence in Australia’s key legal jurisdictions including Sydney, Melbourne, Brisbane and Perth.

While the industry awaits the great global invasion – and wonders just which firms will arrive on our shores next – Lawyers Weekly thought it fitting to remember how 10 of our biggest law firms evolved from the humble practices they once were.

Waldron & Glover with the addition of Waldron’s younger brother, Thomas Walter King Waldron.

After a few more name changes for both the Melbourne and Sydney practices, the firm finally became known as Blake Dawson Waldron after the two – Blake & Riggall and Dawson Waldron – merged in 1988.

Finally, in 2007 the firm underwent a major rebranding exercise and dropped its Waldron tag to become Blake Dawson.

The top-tier firm now has 170 partners and more than 500 lawyers across offices in Sydney, Melbourne, Canberra, Brisbane, Perth and Adelaide. And, with the opening of its Singapore office in 2009 and Tokyo last year, the firm plans to continue its expansion abroad.

“The Asian region continues to have the most dynamic growth potential of any area in the world,” says Blake Dawson managing partner

John Carrington. “Our priority will be continuing to support our clients’ business interests in the region and further abroad.”

Total staff: 170 partners, 550+ lawyers plus support staff Offices: Sydney, Melbourne, Brisbane, Canberra, Perth, Adelaide, Shanghai, Singapore, Tokyo, Port Moresby

Corrs Chambers Westgarth The firm now known as Corrs Chambers Westgarth has its roots in the pre-goldrush days of Melbourne when law firm Whiting and Byrne was formed in 1841.

In 1883, Norton Smith Westgarth and Sanders of Sydney was established, followed two years later by Brisbane’s Chambers McNab and Co. These three firms are the foundation of Corrs Chambers Westgarth, which was

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nationalfirms Corrs Chambers Westgarth was established following the merger of Corrs Australian Solicitors, Westgarth Middletons, and Chambers McNab Tully and Wilson on 2 April 1991

established on 2 April 1991 following the merger of Corrs Australian Solicitors, Westgarth Middletons (Sydney) and Chambers McNab Tully and Wilson (Brisbane and Gold Coast).

Corrs Australian Solicitors was formed two years earlier (initially with the name Corrs) via the merger of Corrs Pavey Whiting and Byrne, Adelaide’s Mollison Litchfield and Perth’s Keall Brinsden (founded in 1910).

Corrs Chambers Westgarth now has 117 partners, around 1000 employees and more than 550 fee earners in its Sydney, Melbourne, Brisbane and Perth offices.

“Law firms need to be externally focused on the opportunities and challenges a post-GFC world creates and help clients work successfully in this new environment,” says Corrs CEO John Denton. “Our ambition is to help clients navigate the complexities of the post-GFC world and assist their competitiveness.”

To shore up its client base in the face of global competition, Corrs has a targeted growth strategy that includes increasing the scale and capability of the firm by at least one-third by 2015.

Total staff: 117 partners, 550 lawyers plus support staff Offices: Sydney, Melbourne, Brisbane, Perth

Allens Arthur Robinson The firm known today as Allens Arthur Robinson has origins that go back to the 1820s and is the result of various mergers between Australian firms Arthur Robinson & Co, Hedderwick Fookes & Alston, Allen Allen & Hemsley and Feez Ruthning.

On 11 May 1914, just before the outbreak of World War I, Arthur Robinson & Co began trading in Melbourne. Its two founding partners were Arthur Robinson and George Forrest Davies.

The firm traded under that name until 1984 when, in response to a legal profession that was evolving by virtue of a growing number of mergers, it integrated with Hedderwick Fookes & Alston – a firm with a history dating

back to 1852 – and became Arthur Robinson & Hedderwicks.

In July 1987, Arthur Robinson Hedderwick, Allen Allen & Hemsley, Feez Ruthning and Adelaide firm Finlaysons formed the Australian Legal Group. The group was established to promote closer co-operation between these Australian firms without merging. There was no contract; the relationship was a commitment to refer clients and use the same publicity resources and letterhead.

In 1994, the Australian Legal Group formally became the Allens Arthur Robinson Group, again in response to a series of mergers and changes among members of the Australian Legal Group.

On 1 July 2001, the firms Arthur Robinson & Hedderwicks and Allen Allen & Hemsley merged to create Allens Arthur Robinson, thus becoming one of the largest law firms in the Asia-Pacific region.

The firm now has 850 legal staff working in offices in Sydney, Melbourne, Brisbane and Perth, as well as in 10 offices spread throughout the Asia-Pacific, including Hong Kong, Shanghai and Port Moresby.

“As a firm, we acknowledge that where we are today is due to the hard work and the commitment of those who have gone before us, and the team we have today,” says executive partner Paul Quinn. “Part of respecting that is making sure that we leave our firm in a better position than when we arrived. In order to do that, we continue to focus on our clients’ needs and what our firm needs to do in order to succeed now and in the future.”

Total lawyers: 850 Offices: Sydney, Melbourne, Brisbane, Perth, Bangkok, Beijing, Beijing IP, Hanoi, Ho Chi Minh City, Hong Kong, Jakarta, Shanghai, Singapore, Port Moresby

Moray & Agnew Insurance firm Moray & Agnew has rapidly broadened its national reach in the past decade, thanks to a series of key mergers and appointments. In February this year, the firm

Arthur Robinson was the nephew of Australia’s first prime minister, Sir Edmund Barton. He also counted Sir Thomas More, the patron saint of lawyers, as an ancestor

made its most recent move, snapping up a new team from Sparke Helmore to help open its Perth office.

While the firm’s initial interstate expansion was relatively recent – the Brisbane office opened in February 2000 – its history dates back to 1948 in Sydney. The firm was originally known as Sydney H. Moray & Co until, in 1968, its former chairman, Brian Agnew, purchased the firm – leading to its present name of Moray & Agnew.

In 2003, the firm expanded to Canberra, which involved the recruitment of a team from Hunt & Hunt’s Canberra office in 2006 and the 2007 addition of Abbott Tout’s insurance division following its merger with HWL. In 2004, the practice established a presence in Melbourne through its merger with Connery & Partner as well as the addition of 13 lawyers from Herbert Geer and Rundle’s insurance practice in 2006 – almost doubling the size of its Melbourne office.

Finally, the firm made its way into Newcastle in 2006, taking staff from Hunt & Hunt’s Newcastle office and adding to the team in 2007 with another 11 lawyers after its merger with Dutton Lawyers.

According to the firm, there are no immediate plans to change the size of the practice within the next three to five years. However, it plans to maintain its national focus and expand its newly established Perth office.

Total staff: 59 partners, 121 lawyers plus support staff Offices: Sydney, Newcastle, Melbourne, Brisbane, Canberra, Perth

Minter Ellison The roots of Minter Ellison stretch back almost 200 years. By the beginning of the 20th century, a group of practitioners in Sydney had morphed into Minter Simpson, while in Melbourne, Englishman John Ellison began practising in the 1860s.

Following a succession of mergers, the modern name of Minter Ellison was first used in the late 1980s in Sydney, Melbourne and Adelaide, with further law firm mergers in

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nationalfirms Moray & Agnew almost doubled its Melbourne office with the addition of 13 lawyers from Herbert Geer and Rundle’s insurance practice in 2006

Brisbane and Perth seeing local firms come into the Minter Ellison fold by the early 1990s.

Today, it stands as one of Australia’s largest firms, with almost 1000 lawyers and 296 partners spread across 12 offices in Australia, Asia and London, and a further two offices with its associated firm, Minter Ellison Rudd Watts in New Zealand.

While Minter Ellison is a significant player, the arrival of bigger, global firms into the local market over the past few years has proven a challenge for the national firm built up studiously over 190 years.

“A lot of the consolidation of the emergence of national firms happened in the 1980s and 1990s,” says Miner Ellison chief executive partner John Weber. “What we are seeing now globally and regionally is the next extrapolation of that.”

Weber says that with Minter Ellison’s Asian offices and presence, “it hasn’t been a national firm for 30 years”, and that international offices such as Hong Kong are becoming an increasingly important part of the firm’s long-term strategy and revenue stream.

“We see regional development as very important, and being a senior regional firm is part of our ongoing strategy.”

Total staff: 296 partners, 1000 lawyers plus support staff Offices: Sydney, Melbourne, Adelaide, Brisbane, Gold Coast, Canberra, Perth, Darwin, Beijing, Hong Kong, Shanghai,

Almost half of Johnson Winter & Slattery lawyers are partners

Sparke Helmore was first opened in Newcastle in 1822 by William Edward Sparke

London and Minter Ellison Rudd Watts in New Zealand

Johnson Winter & Slattery Peter Slattery has wasted no time in expanding his firm. As the managing partner of Johnson Winter & Slattery (JWS), he has presided over the opening of four offices in seven years, with Sydney, Melbourne, Perth and Brisbane adding to the firm’s first office, started in Adelaide in 1993.

Was national expansion always on the cards?

“When you start a business, your time frame is very immediate, and we were focused on winning opportunities for clients – we weren’t looking 20 years down the track,” says Slattery.

“Expanding our number of offices recognises that we needed to win opportunities in our target markets, which is in the upper end of the spectrum of commercial work.”

With a client list that includes Credit Suisse, Macquarie Group and Qantas, a big part of its strategy in gaining blue-chip clients has been the poaching of high-profile partners from rival firms. Peter Rose was nabbed from Freehills when JWS started its Melbourne office in 2006; leading media litigator Mark O’Brien was brought across from Gilbert + Tobin and, just

Want to be in good company?

recently, the firm announced that Allens Arthur Robinson banking and finance partner Matthew Allchurch would join the firm in September.

The firm’s aggressive lateral partner recruitment is part of Slattery’s strategy to provide clients with access to senior lawyers.

The firm deliberately has a very low leverage ration, with almost half of its 102 lawyers being partners.

“We provide a greater level of partner or senior lawyer involvement [to clients] than would otherwise be the case,” says Slattery.

“It is the combination of expertise, experience and a higher level of partner involvement that gives clients a reason to consider us when looking to engage a law firm.”

Total staff: 45 partners, 102 lawyers plus support staff Offices: Sydney, Melbourne, Adelaide, Brisbane, Perth

Sparke Helmore The firm now known as Sparke Helmore first opened its doors in Newcastle in 1882, with William Edward Sparke at the helm.

In 1895, the firm became known as Sparke & Millard when Godfrey Millard became a partner.

In 1922, the firm finally took on the name of Sparke Helmore when Basil Arthur Helmore

corrs is a law firm that continues to enjoy a high level of success. our recent partner acquisitions highlight our ongoing growth in the sectors that matter across asia-pacific. if you want to work with the best, talk to corrs.

www.corrs.com.au

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nationalfirms Alfred Brooks Malleson borrowed £10 from his uncle to move from London to Melbourne in 1856

came on board. With the addition of Peter Withycombe in 1949, the firm became Sparke Helmore & Withycombe until 1997.

In 1962, the firm opened its doors in Sydney and, 30 years later, secured a presence in Melbourne. The opening of the firm’s fourth office in Canberra in 1996 brought the total head-count to more than 200 staff nationally.

In 1999, the firm moved into Brisbane and, over the next three years, three more offices – Muswellbrook, Adelaide and Perth – were established.

In 2007, the firm celebrated 125 years of continuous service and boasted more than 600 staff over eight integrated offices.

Today, it is known as having one of the leading Australian government practices, with national managing partner Jesse Webb now looking to beef up in other areas.

“Five lateral partner appointments by Sparke Helmore over the last 12 months, with a combined total of 17 lawyers, have substantially strengthened our capability to service the financial services, major projects and the Commonwealth government sector, particularly across the eastern seaboard,” he says.

Total staff: 322 lawyers plus support staff Offices: Sydney, Newcastle and Upper Hunter in NSW, Melbourne, Adelaide, Brisbane, Canberra, Perth

During Brian Page’s tenure, Freehills had an “open” employment policy, hiring Catholics and Jews when many other firms would not

Freehills Freehills is a firm that is in tune with its past.

In April this year it launched Freehills: A History of Australia’s First National Law Firm, which chronicles the history of the firm from its origins in 1838 until 2000, when Freehills Hollingdale & Page became Freehills under a single nationwide partnership.

There is arguably no bigger figure in Freehills’ history than Brian Page. Born in Sydney in 1912, Page joined the Hollingdale brothers in 1936, becoming a partner in 1938. In 1947, the firm became Freehill, Hollingdale & Page, with Page retiring from the firm in 1988 after 50 years as a partner. He died in 2008, aged 96.

“I think the founding fathers of the firm would be very happy with where we are now,” says Freehills CEO Gavin Bell. “Obviously, the market is very different from when Brian Page started, but we are exactly in the position they aspired to.”

The position they occupy is as one of the country’s largest and most prominent law firms.

As of April, it had a total staff of 1883, of which 923 are lawyers and 195 partners.

During Page’s tenure, the firm had an “open” employment policy, hiring Catholics and Jews when many other firms would not. People like David Gonski – now the chair of the Australian Securities Exchange, but formerly a lawyer at

WANT TO TAKE YOUR CAREER FURTHER?

Freehills who became one of the firm’s youngestever partners at 25 – benefited from such policies.

With gender and culture two of the most pressing diversity issues now, Bell says that Freehills is committed to increasing its number of female partners, which is roughly 22 per cent.

“I think we lead the profession,” says Bell.

“In gender diversity, we have a record that is second to none and we have the Women at Freehills Steering Committee, which has been recognised within the industry.”

Total staff: 195 partners, 923 lawyers plus support staff Offices: Sydney, Melbourne, Brisbane, Perth, Singapore

Mallesons Stephen Jaques Mallesons Stephen Jaques can trace its origins back to a Londoner who had the good sense to chase some better weather, a little opportunity and a new life on the other side of the world.

That Londoner, Alfred Brooks Malleson, borrowed £10 from his uncle to make the trip to Melbourne in 1856. The investment paid off: just a few short years after arriving, he quickly earned a reputation as one of the city’s best lawyers. His firm handled the legal work surround-

Corrs works on leading transactions, both in Australia and throughout the region. Like advising on the demerger of Foster’s Group and advising J.P. Morgan and RBS on a US$2 billion high yield bond offering for Fortescue Metals Group. If you want to take your career further, talk to Corrs.

WWW.CORRS.COM.AU

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nationalfirms Mallesons Stephen Jaques can trace its history back to three founders named “Alfred”

ing the commencement of the National Bank of Australasia (now NAB) in 1858, and has served the bank ever since.

In the meantime – well, a little earlier, in 1849 – Montague Stephen was busy building a Sydney practice and working with key client, the Australian Mutual Provident Society, now known as AMP. Alfred Jaques entered the Sydney equation as a partner in 1878, with the firm being known as Stephen Jaques & Stephen until the early 1980s.

In 1974, Stephen Jaques & Stephen commenced the merger activity that would eventually cement the firm as it’s known today by merging with Davies Bailey & Cater in Canberra.

In 1976, the firm established a London office.

Then, four years later, merged with Stone James of Perth – a firm established in 1832 by Western Australia’s first solicitor, Alfred Stone.

Finally, in 1987, Stephen Jaques Stone James merged with the Melbourne-based Mallesons to create Mallesons Stephen Jaques. The rationale, according to the firm at the time, was that Sydney and Melbourne had finally become one legal market.

The firm first expanded into Asia via Hong Kong in 1989. Since then, it has established a number of other offices and associations with firms such as Posman Kua Aisi Lawyers in Papua New Guinea and by merging with Kwok & Yih in 2004.

Current chief executive partner Robert

Clayton Utz’s alumni includes former prime minister John Howard and deputy leader of the Opposition Julie Bishop

Milliner believes that to be a national law firm in 2011, size matters, as does the depth of talent within the firm. He points to a pivotal moment for the firm becoming one of the country’s largest when it moved to build a “meaningful and significant” presence in Asia in 1989.

Total staff: 186 partners, 1000 lawyers plus support staff Offices: Sydney, Melbourne, Brisbane, Canberra, Perth, Hong Kong, London, Beijing, Shanghai

Clayton Utz The founding father of Clayton Utz was the first native-born Australian to be admitted as a solicitor in NSW and a former editor of The Australian newspaper.

With 197 partners and around 800 fee earners, the evolution of Clayton Utz began back in 1883, when George Robert Nichols established a sole practice in Pitt Street in Sydney. Nichols, who also entered the world of politics, expanded his practice in 1842 with the addition of partner John Williams, who later served as the first president of what is now the NSW Law Society.

The first of the firm’s Claytons, John Horatio Clayton, arrived on the scene in 1879 after inheriting the practice from Richard Driver, who

Want to have an impact?

acquired the practice following Nichols’ death.

He then brought his son, Hector Joseph Richard Clayton, on board the partnership, which then became John H. Clayton & Son. It was the firm’s City Bank Chambers office in Pitt Street that eventually led to the meeting of Clayton and Utz. John H. Clayton & Son occupied the same floor as the practice of Harold Stewart Utz, then known as Mackenzie and Mackenzie Solicitors. In 1920, the firms merged to form Clayton & Utz. With further additions to the partnership over the years, including Andrew Midwood Clayton (son of Hector Clayton) and Peter Stewart Utz (son of Harold Stewart Utz), the firm became Clayton Utz & Company. In 1983, Clayton & Utz merged with Pritchards, changed its name to Clayton Utz and established its first Melbourne office.

Despite suffering a substantial loss to its partnership to Allen & Overy in 2010, today Clayton Utz is headed by chief executive partner Darryl McDonough and last year expanded to Asia, opening an office in Hong Kong.

“In April, we celebrated the first anniversary of our Hong Kong Office, which is going strong, but we have no immediate plans for further expansion,” said a firm spokesperson.

Total staff: 197 partners, 800 lawyers plus support staff Offices: Sydney, Melbourne, Brisbane, Canberra, Perth, Darwin, Hong Kong

corrs rewards talent. We give our people the opportunity to advance as fast as their ability allows. our structured professional development program provides a clear path for career success. if you’re ready to grow, talk to corrs.

www.corrs.com.au

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WANTED. TALENTED LAWYERS IN M&A AND FINANCE. Corrs is growing in all the right places and one of the fastest growing top-tier firms in Australia.

We now need more talented M&A and Banking & Finance lawyers in our Sydney, Melbourne, Brisbane and Perth offices. So if you’re ready to step it up a gear, talk to us today.

Jane Baré 61 2 9210 6170 jane.bare@corrs.com.au

WWW.CORRS.COM.AU

career

counsel

The culture conundrum The real stumbling block to flexible work arrangements such as part-time roles has more to do with organisational attitudes than the job itself.

Briana Everett reports LAW FIRMS need to closely examine their culture and get more creative when it comes to accommodating flexible work arrangements, according to new research on part-time work design.

Due to traditional notions of a lawyer’s day-to-day work, including heavy workloads and challenging time frames, the applicability of alternative work structures such as part-time work and work-from-home arrangements are often questioned by those within the legal profession.

While Australian professional services firms are increasingly offering part-time work arrangements, the stigma associated with working part-time remains, impacting negatively on work/life balance and career progression opportunities.

However, Natalie Smith from the Queensland University of Technology’s School of Management says the part-time “conundrum” faced by many professional services firms can be resolved through better job design and improvements in organisational culture.

For her report, Professional Part-time Work Design, Smith interviewed 16 part-time employees from professional services firms as well as eight of their managers. She identified the culture of long working hours that is thriving within these organisations and, in some cases, the implicit pressure to be physically present in an office, despite the fact that parts of the job could be performed off-site.

When it comes to transitioning to part-time work, Smith’s research revealed that for many participants, remuneration was the only aspect that changed, while workload, performance objectives and the job itself remained the same.

To make part-time arrangements a reality for lawyers, Smith says firms need to “take a long, hard look at their culture” and be prepared to adjust performance objectives and measures, redesign difficult roles, analyse their culture and contextual factors limiting part-time work and explore case studies of what is being done in other industries – otherwise they risk losing their staff.

“For the legal participants I interviewed, there was nothing evident about the work itself that should make it particularly difficult on a part-time basis,” says Smith. “The main stumbling block in some firms seemed to be the assumption around the way work can be done and a culture of long work hours.”

Tom Russo, the chief executive of Lipman Karas, agrees that the transition to part-time work is not only realistic for lawyers but also

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Natalie Smith, from the University of Queensland’s School of Management, says law firms need to “take a long, hard look at their culture” to better promote part-time work.

that the careers of lawyers working part-time can still flourish.

“Our focus is not on how long people are in the office for, but on what they bring to the table in terms of their skill set and work product,” says Russo.

“The reality is that exceptional people are hard to find and so when you do, you need to ensure that when transitioning to a part-time role they are given not only the flexibility and support to continue to work at the highest level, but also the opportunities to continue to achieve their professional goals.”

my

next move

With Samantha Cowling, director, Marsden Legal Search & Recruitment

Q

I have been approached for a role with a US firm in London.

What kinds of issues do I need to consider?

Work culture: US firms have an entrepreneurial workplace culture, so involvement in business development will be expected. The smaller size of American teams also means greater levels of responsibility. Be prepared to tackle whatever work lands on your desk, regardless of your experience.

Salaries: Most of the White Shoe New York firms, including Skadden Arps, Cleary Gottlieb and Weil Gotshal, pay NY rates – the highest salary range available in London. The majority of the other US

A

firms pay mid-Atlantic rates, which are still higher than the top-tier UK firms.

Billable hours: Most US firms usually require between 1600 and 2000 billable hours per year, compared with 1500 to 1700 in top-tier UK firms. If you want to join a top-tier firm, it’s worth finding out about the reality of your workload.

Qualifications: Generally, it’s the larger, multidisciplinary practices (White & Case, Skadden Arps, Dewey Le Boeuf, Shearman & Sterling and Latham & Watkins) that recruit Australian lawyers.

Most of the law practised in US law firms in London is English law. While you don’t need to be US- or UK-qualified, you do need excellent academics, top-tier experience and a well regarded firm on your CV.

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ANNOUNCING

2011

Awards

Recognising excellence, innovation and leadership within the Australian legal profession

2011 categories include: Life Achievement Award Young Gun Award In-house Lawyer or Team Award Managing Partner of the Year Award KEY DATES: Nominations open

Friday 8 April 2011 Nominations close

Friday 17 June 2011 Winners announced

Thursday 4 August 2011

Deal Maker of the Year Award The College of Law - Law Student of the Year Award Practice Manager of the Year Award Box Breaker Award Talent Manager of the Year Award www.lawawards.com.au

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folk

law

NOT

A DOWNRIGHT pompous-sounding Magic Circle firm has had to defend an online job advertisement that verged on the xenophobic by saying that, despite its better judgement, the firm would consider hiring Australian lawyers.

RollonFriday reports that UK giant Slaughter and May posted an ad via its recuiter, First Counsel, looking for competition law associates and – how generous of them – said that, “Perhaps counter-intuitively, the firm is not as exacting in terms of its requirements as one might expect and will happily consider lawyers from Australia, New Zealand and Brussels.”

The firm added that its focus was on the quality of candidates and, therefore, “the location of the candidate should not have a bearing on the measure of the quality, provided the experience is relevant and the academics are strong”.

Slaughter and May didn’t earn any points on the modesty scale, either: “This Magic Circle firm is regarded, even among its Magic Circle peers, as unquestionably the premier law firm in the UK, and carrying its brand around on your resumé is about as powerful an endorsement of quality as you are likely to find.”

Gee, with such a down-to-earth, welcoming ad assuring the world that the firm’s awesomeness will not be tainted by the presence of lawyers from the colonies, which Aussie lawyer wouldn’t want to work there?

Not long after RollonFriday contacted Slaughter and May to ask what on earth it was thinking, the advertisement disappeared. The firm blamed the recruiter, stating that it never actually approved the ad and also considered it to be offensive.

Little barista brews big trouble for Starbucks AS IF there weren’t already enough reasons to dislike Starbucks, the United States Government is now taking the coffee company to court after a barista in El Paso, Texas, was fired for being a dwarf.

According to Reuters, when the employee asked the company for a stool or stepladder to assist her in carrying out her coffee-making duties, Starbucks denied the request and fired her that same day.

The US Equal Employment Opportunity Commission claimed the reason given for her dismissal was that she could pose a danger to customers and fellow workers.

The commission, which filed a lawsuit earlier in the week, said Starbucks had violated federal law by failing to reasonably accommodate the employee, who was hired in July 2009 and fired after only three days of training.

“Starbucks has become a virtual icon of modern American culture, appealing to an incredibly diverse customer base,” said Robert Canino, a commission lawyer in Dallas. “We’d hope that when considering hiring a person with a disability, Starbucks would choose to enhance its brand with the mark of equal opportunity and access.”

Folklaw wasn’t shocked to discover that Starbucks was not immediately available to respond to a request for comment.

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Judge gives “the finger” to surprised lawyer WHAT IS it with judges behaving badly these days?

A 68-year-old American judge has joined the throng of judicial officers succumbing to their bad-boy ways, earning himself a warning that he must retire or face a six-month suspension from the bench.

According to The Associated Press, Judge A. P. “Pete” Fuller used foul language and made numerous racial and sexist jokes while in court. He is now facing suspension, along with probation and additional therapy for “behavioural problems”.

According to reports, Fuller “maligned the reputation” of South Dakota’s judiciary, insulted numerous lawyers, conducted himself on the bench with “unconscionable arrogance”, used abusive language and “rudely mistreated employees”.

In the original complaint against Fuller, it was alleged that he called police “a bunch of racists” and went on to defend his remarks by saying, “the allegations are true”.

Fuller also apparently called one lawyer an “arsehole” while in chambers and gave him the finger during a court hearing. This apparently caused the lawyer’s client to be “greatly concerned”.

He also allegedly told an intern that the legal profession was better before women joined it.

Lawyers who are supporting Fuller say he is no worse than other judges they have appeared before.

Folklaw would like to spend a day within the confines of the South Dakota court system to verify that claim.

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Penny Parker In-House Sydney

taylorroot.com.au

Australia In-House Trade Practices

Melbourne

Telco Lawyer

Sydney

Litigation

Sydney

Listed Australian organisation seeks a mid-level lawyer to join its established legal team. Working on a range of competition, consumer protection, marketing and privacy matters, this role will be rewarded by a supportive team environment and career prospects.

Great first in-house role. Ref: 644248.

4-7 years

Leading telco company requires an experienced telco regulatory lawyer to join its leading team. Fantastic opportunity for a telco regulatory lawyer to move in-house and broaden their workload with a mix of regulatory (50%) and commercial work (50%) within a supportive environment. Ref: AM644247. 3+ years

From class actions to media litigation (including defamation) this superb team acts for headline clients and boasts some of the best work around.

Salaries are market leading and the firm’s structure makes rapid career development a real possibility.

Ref: 644207.

4-5 years

Environment & Planning Lawyer Melbourne

Banking Lawyer

Employment

Leading national firm seeks a self-starter to join its environmental law practice. Work on a range of issues including native title, town planning, health & safety, rating & valuation, mining, litigation, administrative law and other environmental issues. Competitive salary on offer. Ref: GP644237LW. 1-4 years

Exciting and varied position in-house with a global investment banking institution. Any experience in debt capital markets, banking/finance, derivatives or securitisation required for this transactional role.

Excellent work and genuine career progression opportunities on offer. Ref: 644186.

3-7 years

Exceptional opportunity for you to take a step up and relocate to one of Australia’s finest employment practices. Work across the full gamut of IR/ER work in a collegiate environment under the tutelage of the best in the business. Full relocation paid and an above market salary. Ref: 643907.

All levels

Insurance Litigation Lawyer

Funds

Energy & Resources

Melbourne

Employer of choice law firm has an opportunity for a mid-level lawyer within its general insurance practice. Mixture of public, product and professional liability matters. A supportive environment and career advancement opportunities available in this role.

Ref: GP644244LW. 2-5 years

Sydney

Sydney

We are working on numerous funds opportunities across some of the leading top-tier and international firms in Sydney. Excellent opportunities for those looking to make senior associate quickly. Fantastic quality of work on offer to go with top of the market salary. Ref: 644227.

4+ years

International Construction/Projects

Legal Counsel – Insurance

Singapore

Australia wide

Multiple opportunities exist for talented lawyers Australia wide. Lawyers with experience in either mining, oil & gas, electricity and water will be highly regarded. Exceptional packages and relocation to Brisbane and Perth on offer. Our clients are interviewing now. Apply immediately. Ref: 642779.

2+ years

Construction/Projects Dubai

Perth

Corporate/Funds

Dubai Cayman

Top international firm is looking to hire a construction/ projects lawyer in its Abu Dhabi office. You must have 2-5 years’ PQE from another respected firm and ideally have experience in construction, project contracts and energy/infrastructure related work.

Ref: 22823.

2-5 years

Our client is a global insurance giant who is looking for legal counsel for its Singapore office. You will have at least 4 years’ experience in general insurance (either with a litigation or in-house background) and will have the right personality to work well with the business team. Ref: 125701.

4+ years

If you would like to relocate to a Caribbean island, maintain a quality of work and a competitive salary (tax free) whilst living a stable work/life balance, then you should find out more. You will need a good 3 years’ corporate and/or funds exposure from a strong firm. Ref: 763680.

3+ years

Litigation/Arbitration

Corporate Lawyer

Corporate/Funds

Dubai

Hong Kong

London

This leading developer is now looking for a mid-level arbitrator to take on and run the contentious side of its in-house workload. You should have at least 4 years of experience, including arbitration in the real estate/ construction sector. Strong team, great environment.

Ref: 24053.

4-7 years

Brand name top-tier UK law firm with strengths in private equity and M&A work seeks a senior associate from the Australian market to join in Hong Kong.

The team is looking for cross border experience. No Chinese language skills required for this rare opening.

Ref: 140800.

5+ years

A firm with a great, global offshore brand in growth mode are looking to add a corporate lawyer with around 3 years’ experience from a good corporate practice to the London office. You will do a mix of offshore work and be actively developing business.

Great pay and great hours. Ref: 836400.

3+ years

Project Finance/Power

Debt Capital Markets

EU/Competition

Dubai

Our client is a major power project developer in the Middle East. They are looking for a very strong projects lawyer to come on board, with plenty of power documentation experience. You will most likely come from a top-tier law firm, from anywhere in the world. Ref: 23843.

3-6 years

Hong Kong

This Magic Circle team covers equity, debt, regulatory capital and equity-linked bond issues, structured finance transactions and the full range of derivative and securitised products. You must have experience in some, but not necessarily all, of these areas. Chinese language skills not required. Ref: 121700. NQ-3 years

London

Top-tier City practice has an opening in its EU/ competition team. Workload is a broad range of competition and regulatory matters and there is close interaction with the firm’s Brussels office. Excellent grounding in this area and first class academics are essential for this position. Ref: 828590.

1+ years

For International roles, call Karlie Connellan on +61 (0)2 9236 9000 or email karlieconnellan@taylorroot.com.au For Australian Private Practice roles, call Matt Harris or email mattharris@taylorroot.com.au For Australian In-House roles, call Brian Rollo or email brianrollo@taylorroot.com.au THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . PARKER WELLS . SR SEARCH . TAYLOR ROOT LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE