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The Deal is Done: University Of Law Takes Over Oxford Brookes LPC

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Exclusive: The University of Law will provide a Legal Practice Course (LPC) at Oxford Brookes from this September. The deal (which is still subject to Solicitors Regulation Authority approval) follows negotiations yesterday – exclusively revealed by Legal Cheek. It comes just over a week after we brought you news of the imminent closure of Oxford Brookes' LPC. The letter confirming the takeover is below...

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Dear Student,

I appreciate that the recent decision to close the LPC has resulted in a high level of law student concerns. Please be assured that we want to enable our students to complete their law studies with a quality law school with the same level of excellent support as they currently enjoy.

Accordingly, I am pleased to confirm that the University of Law will provide a Legal Practice Course delivered on this campus in 2013/14.  This is subject to approval by the SRA and sufficient student demand. The University of Law will provide the second year of the existing part-time LPC to students who are already studying with us. 

It will also provide a full-time LPC next year, similarly on this campus. This is in order to meet the expectations of current Oxford Brookes students who anticipate beginning their LPC next year. The full-time LPC will also be open to all other students wanting to study the LPC in Oxford.   Students on this course will continue to have access to the full range of Brookes facilities, as well as facilities provided for students of the University of Law.

The University of Law will be communicating directly to students affected by the changes, in order to ensure as smooth a transition as possible.  Any students interested in talking to the University of Law in the meantime, should contact their admissions team.

If you have concerns of an academic nature concerning this transition, please contact either Professor Peter W Edge (pwedge@brookes.ac.uk) or Dr Derek O’Brien (d.obrien@brookes.ac.uk), initially by email, who will be happy to discuss them with you individually.

Yours faithfully,
Professor Meryll Dean, Head of Law
FACULTY OF HUMANITIES AND SOCIAL SCIENCES SCHOOL OF LAW


‘Get a job wherever you can and you never know when your opportunity might present itself’

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In the latest instalment in the 'If I knew then what I know now'  series, Norton Rose head of planning Nigel Hewitson charts his unlikely journey from local authority solicitor to City law firm partner

I never had a burning desire to be a lawyer. As a teenager I wanted to be an architect, but realising I suffered from a crushing lack of talent, I gave up on that idea. It is fair to say that the only reason I am now a lawyer is because I was in the right place at the right time – or, to put it another way, because I was very lucky indeed...

I left Manchester University more years ago than I care to remember with a respectable 2:1 in philosophy and politics and got a job in committee administration at the London Borough of Harrow. I found the work easy, was apparently good at it and might have forged a career as a committee clerk had it not been for a fateful day a couple of years later.

A slightly more senior post than mine in the department came vacant. I applied and was duly interviewed. At the end of the afternoon, I received a phone call asking me to come and see the Controller of Law and Administration, Keith Gowling. Had I got the job? I was, after all, an internal candidate, which ought to give me some advantage, if only as the devil they knew! Somewhat nervously I made the short walk down the corridor to Keith's office. If it’s not too melodramatic to say so, what followed was to change my life. He told me that the job I had applied for was mine if I wanted it but would I like to consider an alternative: training to become a solicitor? This was my “Sliding Doors” moment. My life could have gone in a completely different direction at this point. But, after a nanosecond’s hesitation, I accepted his proposal.

It sounds odd to say it now, but I had little idea what was involved in qualifying to be a solicitor, let alone what a career in law might be like. Although I had noted that the Council solicitors who accompanied me to committee meetings to dispense their sage advice got more respect and a lot more money than I did while managing, as far as I could see, to do little – if any – more work. Surely, I thought in my innocence, this was a ‘no brainer’ (or equivalent 1980s vernacular). I was on the path to untold riches and an easy life!

Well, as it turned out, untold riches was overstating it somewhat. And such riches as there were to be would not arrive until many years later. In the meantime there was the small question of qualifying. Harrow generously paid my fees and a nominal salary while I did the CPE (now the Graduate Diploma in Law) and Law Society finals (now the Legal Practice Course). They also gave me a training contract (or 'Articles of Clerkship', as was the case back then). All this was incredibly generous. Nevertheless, those four years were financially a struggle. I was earning much less money than I had as a committee clerk – particularly for my two years of study – but still had the same rent to pay. As for my easy life theory: as anyone who has been through them will testify, the Law Society finals were no walk in the park. Just to survive – let alone pass – nine or ten exams in six working days is a feat in itself. While my subsequent life in legal practice has never been quite as tough as those exams, I learned the hard way that solicitors do work hard and often for very long hours. Had I properly understood all that, I might have made a different decision all those years ago.

Nevertheless, qualify I did and I proudly took up the post of ‘Solicitor (Planning)’ at Harrow. The rest, as they say, is history. I began climbing the ladder, gaining promotions at key points in my career. Sometimes I feel as if my entire career has been a matter of being in the right place at the right time, but I guess, to an extent, you make your own luck. I worked hard and was always ready to go the extra mile to help out and make sure the work got done. Good work came my way – public inquiries, compulsory purchase orders, you name it. Whatever the reason, it seems that, just as I was ready for it, the next job came up. By the time I was in my mid-30s I gloried in the title 'Property Services Solicitor' – only one promotion below 'Borough Solicitor' – and found myself managing a team of eight lawyers.

Then came my big break. English Heritage was looking for a new legal director and their head hunter rang me! I had recently done a very interesting listed building enforcement case that had received some publicity, which may have stood me in good stead. I was duly interviewed – by quite a daunting panel I might add. But I got the job – and what a job! Suddenly I was a national player. People in the sector wanted to know me. The work itself was fantastic: the Stonehenge tunnel proposals public inquiry; major public inquiries in London (such as Heron Tower, the Shard and Potters Fields). I was asked to speak at conferences and, for the first time, had articles published in the professional press

But all good things come to an end. After five fantastic years at English Heritage, it felt like time to move on. The only upward move in the public sector would take me into pure management (I had picked up an MBA along the way) and away from the practice of planning law, which is what I loved – and still love – doing. I concluded that the one challenge left was private practice. I spoke to an agent and he put out feelers for me. Howard Kennedy were looking for their first planning lawyer and I turned out to be it. I spent a fantastic year at Howard Kennedy and made friends there I still see today, six years later.

I had only been at Howard Kennedy a few months when the head hunters came knocking again – this time on behalf of Norton Rose, who were looking for a senior planning lawyer with a view to partnership. Serendipitously, Norton Rose had been one of the firms on the English Heritage panel so I knew a lot of the partners, particularly in real estate where the post was to be based. Again, right place at the right time, but it felt like it was meant to be. How could I not join? Three years later they made me up to partner and here I am!

To quote Frank Sinatra: "Regrets, I’ve had a few, but, then again, too few to mention." I have been fortunate enough to have had a long and varied career, and still thoroughly enjoy being a lawyer and practising in my chosen area of planning law. Like any job, mine has its ups and downs, but the downs are outnumbered and more than outweighed by the ups.

All in all, then, do I regret accepting Keith's proposal that I become a lawyer all those years ago? Not on your nelly. I am professionally fulfilled, financially well-rewarded and respected by my peers. And three out of three, as they say, ain’t bad! To any aspiring young lawyers out there, my advice is to never give up. Get a job wherever you can, work hard, show willing and you never know when your opportunity might present itself. To Keith, if you’re reading this, thank you. I hope I’ve repaid your faith in me!

Nigel Hewitson is a partner and head of planning at City law firm Norton Rose.
He tweets at @NigelHewitsonNR.

Is law really ‘very well suited to flexible working’?

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Earlier this month Law Society chief Lucy Scott-Moncrieff caused some raised eyebrows when she claimed that the legal profession is "very well suited to flexible working". It's easy to say such things, of course, but what's it like to oversee a flexible working regime in practice? Nicky Richmond, managing partner of London law firm Brecher, which employs more than 50% women, tells us about it – and admits sympathising with Yahoo CEO Marissa Mayer, who recently banned her staff from working from home...

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"I encourage flexible working...but in an ideal world everybody would be in the office every day," Richmond explains to Legal Cheek duo Alex Aldridge and Kevin Poulter. "Because it is definitely easier to contact people [that way] and just to pop in to [see] your colleagues. If you're at home, you can't do that...But I think with technology, and with people who do it properly, it should work – to a point."

She continues: "I don't think you can have someone working from home 3-4 days a week – I think that would be too difficult for colleagues. Because nobody works in an isolated way, people work in teams and you really can't do that when you're not in the office."

Listen to the trio chat in 14 snappy minutes of audio (also available on iTunes) below.

Image (since modified) by 'Mr Thomas' via Flickr on a Creative Commons license

Law Firm Life: The Truth In A Pie Chart

Video: Lindsay Lohan Isn’t Very Nice To Her Lawyer At All

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Lindsaylohanmugshot"Why did you even say that?" whispers troubled star Lindsay Lohan accusingly to her lawyer, Mark Heller, in her latest court appearance on Monday.

"Don't say anything else," she continues, in the style of the back seat driver from hell, before adding charmingly: "Oh my god, I'll kill you." The video – courtesy of TMZ – is below...

Caveat-Laden Pledge Of The Week

Quote Of The Day

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"Having your boobs out a little bit isn't fake but it's a little bit flirtatious and it gets you a few free drinks – and that is my case for fakery: case closed," argues wig-clad trainee solicitor 'Jazmine' in the trailer (see below) for this evening's edition of BBC 3 show 'Snog Marry Avoid'...

Birmingham-based Jazmine's full identity isn't disclosed in the promotional material for the programme, which is part of a series that helps to return make up-addicted youth to their natural states of beauty.

All we know is that she has been "distracting her clients with her OTT look" – much to the despair of her mum, who says: "I didn't bring my daughter up to look like this".

Hopefully there'll be some clues as to Jazmine's place of work when the show airs this evening at 10pm.

‘Churn That Bill Baby!’ Embarrassment As DLA Piper Billing Emails Emerge

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There is embarrassment for DLA Piper this morning after emails emerged in a US court case which show the world's largest law firm's lawyers joking about how much they are charging a client. It is one of the first times that documentary evidence has been found about the possible creation of unnecessary work to inflate a client’s bill.

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“I hear we are already 200k over our estimate – that’s Team DLA Piper!” wrote lawyer Erich Eisenegger (who now works for McDermott Will & Emery) in one of the emails.

Referring to a colleague also working on the matter, another DLA lawyer, Christopher Thomson (who has also since left the firm), stated: "Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode. That bill shall know no limits."

The internal correspondence came to light after it was disclosed in a fee dispute between DLA and energy industry executive Adam Victor. The dispute began when DLA sued Victor for unpaid legal bills. Victor then filed a counterclaim accusing the law firm of a "sweeping practice of overbilling".

The New York Times has the full story.

UPDATE 27 March 4.15pm: DLA responds

DLA says the comments were nothing more than "an unfortunate attempt at humor by three former lawyers of the firm." The firm adds: "It is unfortunate that the unprofessional behavior of these lawyers by writing those emails has distracted attention away from the fact that a client refused to pay his bills, and is now being exploited by a party in litigation for their own advantage."

The full DLA response is below:

DLA PIPER — MEMORANDUM — OVERBILLING ALLEGATIONS

As many of you know, The New York Times published an article today that focuses on inappropriate emails written by three former lawyers of the firm, referencing improper billing practices.

The actions described in this story did not happen. These emails reflect an unfortunate attempt at humor by three former lawyers of the firm, but did not result in overbilling to the client. It is important to emphasize that the client was not overbilled for any service, but instead was billed in an amount consistent with an understanding reached with the client relating to the amount of fees to be incurred in connection with the services rendered by the lawyers involved in the matter. In fact, by virtue of being a plaintiff in a collection proceeding, it was anticipated that DLA Piper’s services and bills would be reviewed in a judicial process and by a trier of fact for reasonableness and accuracy, and we continue to believe that the DLA Piper fees subject to our collection proceeding will be determined to be appropriate and fair. As such, it is unfortunate that the unprofessional behavior of these lawyers by writing those emails has distracted attention away from the fact that a client refused to pay his bills, and is now being exploited by a party in litigation for their own advantage.

We have no doubt that many of you will be engaged in a conversation with existing and/or potential clients about the inappropriate email humor and we believe it important to convey the following points:

– The emails were in fact an offensive and inexcusable effort at humor, but in no way reflect actual excessive billing. Instead, the reality of the matter is that the amount of fees billed by DLA Piper are consistent with the work performed.

– DLA Piper as a firm has always adhered to the highest level of ethics and integrity in all of its work, including billing practices. We take great pride in being recognized repeatedly by clients as providing the highest level of quality and cost-efficient service.

– As you know, our bills and billing practices undergo the most sophisticated reviews and audits by clients who employ such techniques as a standard practice in connection with outside counsel billings.

In closing, while we will make no effort to defend the foolish emails generated by the lawyers involved in this matter, we will defend vigorously the firm’s track record of delivering high-quality legal services at a fair price, including the reasonable fees generated in the matter in question. Thank you for your continued support.

Image by Elmira College via Flickr on a Creative Commons License


The 3 Step Guide To Launching A Social Media Hate Campaign Against A Law Firm

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First start a blog – and call it '[insert law firm's name here] SUCK' thorntons-solicitors-suck

Next, make a couple of videos slagging off said law firm – and post them on YouTube...



Finally, open a Twitter account and disseminate your vengeance to the world! (A stage which, while preferable, is not – as this article proves – always necessary to reach a wider audience of the targeted law firm's peers. Still we'd recommend that THORNTONS solicitors SUCK establishes a Twitter presence as soon as possible.)

The full story behind the hate campaign is, of course, available at THORNTONS solicitors SUCK. But for those in a hurry, it boils down to a bitter dispute over a will – for which Thorntons Solicitors is the executor.

‘Sticking To What You Love Is A Better Formula Than Even The Best Laid Plans’

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Ed note: This is the latest post in the 'If I knew then what I know now' series, where leading members of the legal profession share their wisdom with the next generation of wannabes.

On the surface, there doesn’t seem an awful lot of room for creativity or self-expression in law. Certainly, my City training sometimes felt like it was designed to sap every ounce of spark and individuality out of me, writes Berwin Leighton Paisner partner-turned-entrepreneur Simon Harper...

As a trainee I was variously told to cut my hair, keep quiet in client meetings, not wear Chelsea boots to work and that green gingham wasn’t an appropriate colour for a work shirt. Actually they’re not all unreasonable suggestions in retrospect – indeed, in the subsequent eighteen years I have implemented at least one of them.

I wish I'd known when I was starting out that the future might look quite different to the present. Despite finding the commercial area of law I’d qualified into genuinely interesting, the newly qualified me felt a daily deflation at the apparent rigidity of a lifelong legal career. My first salvation came in the form of a secondment to a cutting-edge biotech company. It showed me that law didn’t have to be about traditionalism and conformity, and that it was possible to give advice in a positive way that made clients smile. My subsequent move to a media firm may have brought in less money but it introduced me to the rise of the internet and the start of the dotcom era. I was also exposed to industries disrupted by this new technology, which appealed to my quietly radical side.

Another thing I failed to appreciate fully in my younger days was the importance of relationships with clients. Over time these would give me the foundation for partnership and leading a team – although I didn't know it yet. Happily, when I returned to the City at the beginning of the millennium I found that it had changed, with my new law firm's clients wanting a different flavour to their legal advice – and even a little creativity. Being in a firm that allowed me room to handle client relationships how I wanted to was the final piece in the jigsaw.

Still, you have to keep your eyes open for a passing opportunity. After watching various client industries go through upheaval, I had a hunch that law wouldn’t escape unscathed. In 2006 I felt that changing attitudes to work and changing technology could come together to offer something new for clients. The result, Lawyers On Demand (LOD), which offers an alternative legal service model, was meant to be a little side-project. However, it took off and eventually became a separate Berwin Leighton Paisner Group business – on which I now work full-time.

Since then, many more people have embraced new ways of lawyering. It’s great to see lawyers who are interested in working differently and general counsels who want a new way to solve problems and to reduce costs. The radical is now feeling comfortingly mainstream.

So what, other than the lesson that green gingham should remain firmly in 1995, have I learnt from this meandering route? First, trust authenticity over excessive planning. No-one can predict the future, and sticking to what you love and being genuine seems to be a far better formula than even the best laid plans. It’s easy to seem like a rebel in a law firm (though I’m not sure I ever really was) but my love of the mildly disruptive did come good in the end. Second, within even a traditional industry like law, there are an increasing number of ways to do things differently, and those who are innovating are succeeding. That applies to legal careers too: being a good lawyer doesn’t necessarily just mean the slow burn towards partnership.

Simon Harper is co-Founder of Lawyers On Demand, a Berwin Leighton Paisner company

Why Geographicals Don’t Work

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Back in 2007, after I'd spent a year flunking pupillage interviews upon completion of Bar school, I hatched a desperate plan – pretty much at random – to start a new life in Gibraltar. The half-baked idea was that I'd get a pupillage at one of the Anglo-Spanish law firms there, lead a contented expat life for a few years, before returning to take the English Bar by storm someday. For a good few months, this fantasy sustained me as I wrote hyperbolic copy about "mind-blowingly brilliant star performers" for Chambers and Partners, the legal directory, and flunked more pupillage interviews. Then, one day, I actually quit my job at Chambers and Partners and got on a plane to Gibraltar...

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The first couple of days were OK, as I wandered round handing my CV out to bemused local lawyers and telling myself what a great adventure this was. Then, on day three, the "What the fuck am I doing?" question hit me – and, having been unable to come up with a decent answer as I contemplated years on a strange rock where I knew nobody, I quietly returned home to a sustained period of unemployment.

Some of my pupillage-less Bar school coursemates did similarly crazy things, jetting off all over the world to try to fulfil the various (legal and non-legal) fantasies that they had dreamed up to sustain themselves during a difficult period. It basically proved a waste of time and money for all of them.

I relay this information now because it's what sprung to mind when I read a pair of cringeworthy law firm departure emails (from the same guy) that have been doing the rounds in the blogosphere over Easter. Unlike me, their young author managed to get a job as a lawyer, but after just four weeks into his time at New Zealand law firm Chapman Tripp he decided to quit his job in order to go to Berlin (or possibly San Francisco, New York or London) to "create and innovate".

In other words, life wasn't going brilliantly – and it's worth bearing in mind that getting a job as lawyer can be as bad as not getting a job as a lawyer in this respect – so rather than work to improve what he had, the guy has thrown in the towel and done a geographical. The problem with geographicals, of course, is that you start from square one – and take yourself with you. Anyway, here are the emails (one informal, one formal). I guarantee this won't end well.

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Departure memo from middle earth burns the Bridge of Khazad-dûm [Above the Law]

‘The Forces Of Conservatism In The Law Are Formidable But Not Unstoppable’

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Ed note: This is the latest post in the 'If I knew then what I know now' series, where leading members of the legal profession share their wisdom with the next generation of wannabes.

In 1981, IBM launched its PC and I was a legal undergraduate at Glasgow University. My gut feeling at the time was that "computing" would have a huge impact on the legal world, writes Professor Richard Susskind. In the spirit of the time, I set about writing a dissertation entitled, "Computers and the Judicial Process". As I began my research, I was quickly hooked and felt – rightly, in the event – that I had found a field of study and activity that would be central to my career.

I wish I had known just how difficult it would be to bring technology into the court system...

The underlying motivation for those of us who enthuse and effuse about the potential of IT for the courts has been the same for decades – that the labour-intensive, document-intensive, information-intensive, cumbersome, and paper-based systems that dominate court administration should be replaced by automated, streamlined, and largely paper-free sets of systems that would be less costly, less prone to error, and more accessible. In turn, an efficient and well-equipped court system, populated by satisfied lawyers, would result; and this would be a system in which the public would have greater confidence. I have always thought all of this was self-evident.

However, in various fairly formal capacities over the years (for example, as IT Consultant to Lord Woolf in the mid-1990s and as IT Adviser to the Lord Chief Justice since 1998), I have been heavily involved in numerous attempts to computerize the courts – and, sadly, in England and Wales, little technological progress has been made over the last 20 years.

As I argue in my latest book, Tomorrow’s Lawyers, the lack of progress can be attributed to two main factors: insufficient investment by the Government and the Treasury, who have not considered civil justice to be a priority; and the Ministry of Justice’s poor track record of successfully procuring and delivering large-scale technology projects. There has, incidentally, been no shortage of vision from within the justice system. Over the years, a number of enlightened judges, politicians, and civil servants have expressed bold views of a court and justice system transformed through technology. There has been sufficient vision but insufficient cash and IT capability.

There is little point in life in dwelling on the road not taken...that said, if I had known then what I know now, I would have pushed much, much harder over the years. I would have pressed more forcefully for the modernization of our courts through technology.

I have learned that, if you are in the business of change and you have a point worth making, it must be made many more times than once; that, when obstacles are put up, the best response is to find a new way through rather than to retreat; that the forces of conservatism in the law are formidable but not unstoppable; and that if you want to bring about change, there are limitations to what you can achieve as an external adviser. I have also learned, in the Ministry of Justice in the UK at least, that the support of government ministers is essential to making progress.

Projecting forward, though, I do not expect that lawyers with an interest in IT will look back 30 years from now and agitate over the lack of technological progress. Instead, I predict that the legal system will have been fundamentally and irreversibly changed as a direct result of the introduction of IT. In the intervening period, we will ask ourselves, "is court a service or a place?" We will come to agree that it is a service, and virtual hearings and online dispute resolution will displace much that we do today.

Professor Richard Susskind OBE is President of the Society for Computers and Chair of the Advisory Board at the Oxford Internet Institute. His latest book, Tomorrow’s Lawyers, was published in January 2013 by Oxford University Press.

Lawyer Who Fell Asleep In Court Blames Hippopotamus-Related ‘Spiritual Attack’ Originating In London

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A human rights lawyer who fell asleep during a hearing in the Ghanaian Supreme Court has put his doziness down to a "spiritual attack" which began following a trip to London where he had an unsettling vision of a hippopotamus...

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"In London, while we were asleep, I often saw something like a hippopotamus raising our bed into the air. This strange phenomenon cascaded into a different dimension where I sleep at places at odd times,” Kwabla Senanu is reported to have said by a Ghanaian newswire this morning.

Last month, Senanu admitted falling asleep during a case relating to the legitimacy of the country's presidential election.

Elaborating on the sleeping phenomenon, Senanu, 55, explained that at another time while he was in court his speech had become blurred and his body weak, seeing him fall asleep suddenly when he was supposed to be on his feet defending a client.

He added that the spiritual attacks had also caused him to have a number of crashes while driving.

Happily, the attacks are said to have abated after Senanu shared his experiences at a recent religious ceremony.

10 Reasons To Be Kind To Lawyers

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It's Tuesday 9 April, which is of course Be Kind To Lawyers Day. At a time of change for the legal profession, this 24 hour window of goodwill towards solicitors and barristers has never been more needed. Here are ten reasons why the public needs to show lawyers some love...

1: They get worked into the ground

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Remember this Clifford Chance mother's departure email? In fact, the amount of work lawyers have to do might be part of the reason why...

2: Most lawyers are stressed or depressed

Only 29% of lawyers who answered LawCare's most recent survey hadn't suffered from an emotional or addictive impairment.

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3: Law rarely makes you rich

According to the Annual Survey of Hours and Earnings, the average solicitor's salary is £45,585, and the average for barristers and judges £40,242. Hardly fat cat levels. And for many these earnings are set to fall – with more legal aid cuts to be announced today, on Be Kind To Lawyers Day.BCAT

4: Those who do rake in the cash are bored out of their brains

Welcome to your new best friends: Track Changes, Find/Replace, and late-night Addison Lee.

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5: Lawyers are constantly on the receiving end of hatred

Somewhere along the line, someone took Shakespeare's “The first thing we do, let’s kill all the lawyers" quote literally – and there was no turning back.

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6. Yet lawyers are expected to meet higher standards of behaviour than the rest of the population...

Note the additional glee tabloid newspapers display whenever one of their stories features a member of the legal profession.

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7. Lawyers are constantly badgered by their friends and family (who hate them) for free legal advice

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All too often, this badgering takes place in the form of ridiculous requests, such as: “Is there a book somewhere called The Law that has all the law in it?” I'll keep the name of the person who asked me this anonymous.

8: The status of the profession is about to plummeteddie-stobart-lorries

New legal market entrants like the Co-op, Eddie Stobart Group and G4S = the opposite of Inns of Court prestige.

9. If for no other reason, be kind to lawyers because they'll soon be less of them...

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Big City firms are hiring 20 fewer trainees a year than they used to, while the Bar is set to shrink dramatically over the next few years.

10. ...and the paralegals who replace the lawyers won't make such fun pantomime villains.

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How (Not) To Be A Trainee Solicitor

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Congratulations. You got the training contract. You are now going to be a trainee solicitor at a commercial law firm, either in the City or elsewhere. What next?

HELLO-everyoneThe first thing to consider is that joining a law firm is not like starting at university or law school. You are not creating an entirely new year afresh along with all your fellow students.

You are instead being placed into an organisation and a culture which is already formed, and one where everyone has seen trainee solicitors come and go.

Your initial priority is to see how that organisation and culture functions, and to be sure not to disrupt it...

Watch carefully. The partners and senior assistants have established patterns of work which suit both them and the firm. The "support staff" – who actually are far more important than the word "support" implies – have equally developed practical and tested methods of dealing with the demands of fee earners. As a student, you may well have been appreciated for challenging received thinking; in a busy commercial law firm, such assertiveness will not be useful.

You then have to appreciate how you are perceived. As a trainee solicitor you are a source of income (both now and in the future); but you are also a source of risk. Commercial lawyers are preoccupied about risk. Not only do they have to assess risk in making deals or conducting litigation; they are constantly under the pressure of getting their advice and documentation correct. It is therefore important that you do not send any signal at all that you will land them in it.

In practice this means knowing when to ask questions. This is not the same as pestering the fee earner: concentration is a scarce commodity in commercial practice, and you posing repeated queries will just be annoying. But when you are given instructions, make sure you understand exactly what is required of you. When you provide the requested work, be careful to set out in the cover email where you had any problems. Always ensure the fee earner is aware of what could be wrong. Never let them – and certainly not a judge or client – find out the hard way.

Your approach to legal resources will also change. You are no longer looking up the law for any academic purpose, but to deal with a real-life point for a real-life client. You will read fewer cases in their entirety, and you will become accustomed to copying and pasting from PLC and Lexis. You will learn how this is done well, and how it is done badly. You will soon find yourself advancing propositions with which you personally disagree, because it suits your client. And, quite quickly, even that sense of discomfort will disappear.

There is then the boredom and monotony. A great part of commercial practice requires drudgery for hours on end. In big cases or large deals, these hours can become days or weeks. Nothing will redeem the exercise, other than knowing that you may one day get to delegate the task to others. This is important, for you should never supervise others in what you are not able to do yourself.

So why bother? The life of a trainee solicitor in a commercial firm is at turns stressful and dull. Well, for some it is the money; though if money is the sole motivation, then banking is more lucrative.

The reason you should bother is that one day you may be the one responsible for the shape of the big deal or determining how a large litigation case is fought. The skills required to do this are not easily acquired; but when you are in that position, it is both intellectually and personally rewarding. You can provide practical solutions to complex factual and legal problems for which your clients and your colleagues will regard you highly. This can be either in a law firm or in-house; and they are skills transferable to roles outside of the law too.

Nobody wants to be a trainee solicitor as an end in itself. That would be bizarre. But use these two years well, and you will find yourself well suited for anything the law or any other profession throws at you afterwards.

And you never have to do it again.

David Allen Green is legal correspondent of the New Statesman, author of the Jack of Kent blog and a practising solicitor who began his career at a large City law firm.

Image by Allie of Hyperbole and a Half via Memecreator.org


Did Rochman Landau Solicitor Use Firm Computer To Describe Himself As ‘UK’s Barack Obama’ On His Wikipedia Page?

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Lawyers with political ambitions, beware...

It has been revealed today that a Wikipedia description of solicitor-turned-Labour rising star Chuka Umunna as "UK’s Barack Obama" was made from a computer registered under the 83.105.87.81 IP address of Rochman Landau. The top employment law firm is where Umunna was practising as a solicitor at the time, having joined in 2006 from Herbert Smith...

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When asked if Umunna made the change himself, a spokesperson for the Shadow Business Secretary said: "This change was made over half a decade ago. Chuka has no record or recollection of having a log in for Wikipedia or having edited it. Though staff have had to make corrections for racist vandalism of the page in the past."

Umunna has previously criticised "lazy" journalists and bloggers for suggesting that he encourages comparisons with Obama, telling the Evening Standard in 2011:

"It annoys me a bit. You get lazy journalists and the odd blogger who’ll suggest that I fancy myself as ‘Britain’s Obama’ and that I seek to encourage the comparison. It’s never been something I’ve encouraged."

‘How Dare You Submit An Exhibit Which Has Been Stapled Not Tied?’

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Ed note: This is the latest post in the 'If I knew then what I know now' series, where leading members of the legal profession share their wisdom with the next generation of wannabes.

I don’t interview training contract applicants now, but one thing really struck me when I did: the majority seemed to have a very fixed idea of the area of law in which they wished to practise, writes Taylor Wessing litigation partner Tim Strong.

Looking back, I’m not sure I shared that conviction when I was beginning my career. It’s a long time ago, but my recollection on interviewing for what were then rather quaintly known as "articles of clerkship" was that I was only clear about what I didn’t want to practise: litigation...

It hadn't always been this way. As a law student, most of what you learn is case law. Although I’ve never been good with case names, I remember the main details of swathes of decisions which have shaped our current civil and commercial law environment over centuries. Law which emanated from disputes which involved real people battling it out before courts which survive today. Cases are what our law is about.

I’d also spent a couple of weeks with a local firm, and seen a little bit about personal injury claims and construction disputes. I’d been fascinated. It was like watching the law living and breathing. Litigation seemed such an obvious area to practise in as a result.

Then I went to law school, where I had to learn civil procedure, and my perception shifted. Litigation suddenly seemed like the most tedious specialism imaginable. I just couldn’t get excited over issues such as which documents I had to serve with a writ, or how to make a charging order absolute.

When I started my articles, I spent my 15 months in transactional seats. I enjoyed them. I thought I could qualify into them. But the need to do a litigation seat cast a dark shadow. Stories from other trainees filled me with foreboding. Having a strip torn off by a Master. Getting lost trying to find the Sheriff’s Office. Turning up to issue a claim with the wrong documents.

Litigation turned out to be my last seat, and within a week I found myself trembling in the Bear Garden at the Royal Courts of Justice, dreading my first court appearance. I was first to be called, and so in front of a full room I handed over my bundle and nervously began to explain my application. I didn’t get far before I was interrupted. "How dare you submit an exhibit which has been stapled, not tied?", the Master bellowed, and I wished the ground would open and swallow me up. The sympathetic looks from around the room as I left gave away the secret: everyone goes through at least one experience like that early in their career.

But something changed that day. Despite the issue with my exhibit, I got my order. It was only an order for an extension of time, but to me it was like winning a multi-million pound trial. I felt like I had experienced first hand what makes our law what it is, and I was hooked. Nearly 20 years later I’ve been fortunate to help make some of the law which today’s students are learning about, and to enjoy the sort of career I could only dream about back then.

I suppose my message to young lawyers is this. When you study law, you will feel a natural affinity with certain areas. During your LPC, you may well be grabbed by a different area, or put off as I was. When you interview for training contracts, people will want to know what area of the law interests you and why. You must be able to answer well. But keep an open mind. You don’t need to make a choice until it’s time to qualify, or perhaps even later.

And then become a litigator.

Tim Strong is a partner specialising in financial disputes and regulatory issues at City law firm Taylor Wessing.

Podcast: Why Wannabe Barristers Should Do Their Time As Paralegals Before Doing The BPTC

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The path from the Bar Professional Training Course (BPTC) to paralegal purgatory is a well trodden one. Sadly, most of those purgatory-dwellers never make it to pupillage heaven. But what if you were to subvert this natural order and, say, become a paralegal before doing the BPTC, gleaning valuable experience and contacts at a much earlier stage than most?

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Meet aspiring barrister Alex Pritchard-Jones (pictured below left), who is taking the fairly unusual step of paralegaling between his Graduate Diploma in Law (GDL) and BPTC, which he will commence in September having deferred his place for a year. Previously, Alex did history and politics at Newcastle University, before completing a masters in modern British history at Oxford.

"I thought that everyone seems to have to do some paralegal work after [the BPTC]," says Alex, who works at GT Stewart Solicitors. "So I thought I might as well get it in before then."

Alex describes himself as "one of those arts graduates who needed something to do and went for the law." In the podcast, we also talk about the contrast between Alex's decision to convert to law from an arts background and my life so far – I'm Tom (that's me on the right, I've had a haircut since), a new addition to the Legal Cheek massive. As an LLB graduate going into journalism, it was interesting to hear from someone heading in a different career direction.

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Our conclusion? That doing an LLB might actually be a pretty good way of putting people off a legal career...

Listen to Alex and Tom, plus Legal Cheek veterans Kevin Poulter and Alex Aldridge, in the podcast below – also available on iTunes.

 

Who Needs Chambers And Partners When You’ve Got Siralan?

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Experts have been predicting the demise of legal directories for years. But market leading duo Chambers and Partners and the Legal 500 have marched on, successfully navigating first the advent of the internet and, so far, the rise of social media. But what if a celeb businessman with almost 3 million Twitter followers were to start tweeting his own rival lawyer recommendations?

siralan-tweet#

Photo by Damien Everett via Wikimedia Commons on a Creative Commons License.

The Home Office’s Spelling And Punctuation Shame (In A Press Release About English Language Tests)

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