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ISSUE 12 ALLABOUTLAW.CO.UK

For commerical awareness, it's the Principle that counts

The legal sector forecast

Keeping in good health?

Law careers: past & present

The world has changed a lot over the past decade and we can probably expect the same again in the next. From artificial intelligence and drones, to the environment and data protection, we forecast the future concerns of the legal sector.

Lawyers have generally high rates of mental illness, with the benefits of the profession sometimes being undermined by its many pressures. Luckily, there are changes happening in the sector to improve mental health – we examine a few.

Ever wondered what it was like to seek out a training contract and pursue a law career before the rise of the internet? We spoke to former and current law students to find out how the process of applying has differed over the years.

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Transatlantic trial by media

the Principle

A note from the editors

Commercial digest WORDS Emma Finamore PHOTOS Wikimedia, Freepik

Welcome to issue 12 of the Principle, the commercial insight and advice newspaper written by the team behind AllAboutLaw.co.uk. As always, we've examined a range of topical issues in the world right now from a legal perspective. These features will provide some real-life context for what you’re learning during your studies, as well as giving you some food for thought. One current story we’ve looked at is the on-going sexual harassment scandal, which has dominated the news cycle in recent weeks and has put powerful men on both sides of the Atlantic under scrutiny. We unpick how contrasting American and British law has an impact on the way scandal stories break in the two nations. While 2017 draws to a close, we're thinking about the future and what it looks like for the legal sector. With big changes afoot in the world, the industry could look quite different in just three years' time. We’ve explored the past, present and future of the legal profession – looking at how careers developed before the internet, for example, and at what areas of law are likely to grow in the future. From drones to artificial intelligence, there's a lot to look forward to: read all about it in this issue. To help you to plan how you will navigate this world of law, we've also handed over to some top firms to bring you their advice and insight on vacation scheme applications, commercial awareness, Brexit, and much more. That's all for this issue of the Principle. Until next time, enjoy! Emma Finamore and Becky Kells Editors, AllAboutLaw.co.uk

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US TRAVEL BAN IS ENFORCED AS APPEALS PROCEED

The US supreme court ruled this month that a ban ordered by and to rule on whether it violates constitutional protections Donald Trump on travelers from six Muslim-majority countries against discrimination – in the coming months. The US attorney general, Jeff Sessions, claimed the ruling was and two other countries could be immediately imposed while “a substantial victory for the safety and security of the American multiple court cases challenging the ban are resolved. The ultimate disposition of the ban was expected to take months people”, despite the advice of terrorism scholars who say that to resolve. But the 7-2 ruling was a blow to anti-discrimination security justifications for the ban are misleading. The progressive Center for Constitutional Rights criticised advocates, who vowed to protest the decision. The ban means that the United States would categorically the supreme court ruling in a statement. “We will not allow this to become the new normal,” the refuse entry visas to prospective travellers from the countries of Chad, Iran, Libya, Somalia, Syria and Yemen, plus North Korea center said. “Whatever the courts say, the Muslim Ban is inhumane and discriminatory. We must continue to and Venezuela. Under an executive action announced in July, an exception demonstrate that we reject and will resist the politics of fear, would be made for travelers with “bona fide” links inside the anti-Muslim racism, and white supremacy.” The Trump administration has denied that the ban is United States, such as documented business purposes or close discriminatory along religious lines. But the president himself family relationships. The ruling does not mean that the ban has been accepted as may have negated his own administration's argument – legal constitutional, but that the supreme court was pursuaded by the analysts have said – by tweeting anti-Muslim videos from a Trump administration’s argument that an emergency injunction British far-right group (Britain First) late last month. Lawyers involved in the current challenges to Trump’s travel against the ban was unnecessary. The high court is expected to weigh the ban on its merits – ban vowed to continue fighting.

TRUMP DECLARES US RECOGNITION OF JERUSALEM AS ISRAEL’S CAPITAL, IN A BREAK WITH INTERNATIONAL LAW AllAboutLaw.co.uk

Donald Trump has formally recognised Jerusalem as the capital of Israel – reversing nearly seven decades of American foreign policy – and announced plans to move the United States’ embassy offices from Tel Aviv to the infamously contested Holy City. “Today we finally acknowledge the obvious: that Jerusalem is Israel’s capital,” Trump said in an announcement on 6 November. “This is nothing more or less than a recognition of reality. It is also the right thing to do. It’s something that has to be done.” Recognising Jerusalem, he said, was “a long overdue step to advance the peace process.” He added that the move was “a great deal” for the Israelis and “a great deal” for the Palestinians. However, the announcement was met with anger in Palestine, whose population had hoped the east of Jerusalem – which the UN regards as being occupied by the Israelis – could one day be their own capital. The president of Turkey said: “Hey Trump! What do you want to do? What kind of approach is this? Political leaders do not stir things up, they seek to make peace!” The leader of the Hamas militant group, Ismail Haniyeh, called for a “day of rage” in opposition to the announcement. “We should call for and we should work on launching an intifada in the face of the Zionist enemy,” he said in a speech in Gaza.

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BOSNIAN CROAT WAR CRIMINAL DIES AFTER DRINKING POISON IN UN COURTROOM A former Bosnian Croat general died in a dramatic and shocking incident this month, after drinking poison while standing in the dock at a UN tribunal in The Hague, where his war crimes sentence of 20 years was upheld. Seconds after the judges delivered their verdict at the international criminal tribunal for the former Yugoslavia (ICTY) on Wednesday, Slobodan Praljak shouted: “Praljak is not a criminal. I reject your verdict.” The 72-year-old war criminal then lifted a small bottle to his lips, and drank it in full view of the cameras filming the hearing. “I just drank poison,” he said. “I am not a war criminal. I oppose this conviction.” The judge, Carmel Agius, immediately ordered proceedings to be suspended and within minutes, an ambulance arrived outside the tribunal. Praljak was taken to hospital but officially declared dead a few hours later. An investigation is likely to be launched into who supplied the poison and how he managed to smuggle the bottle into court through security, at the longest-running war crimes tribunal in The Hague’s history. An official statement from the ICTY said: “Mr Slobodan Praljak, one of six defence appellants in the Prlić et al case, passed away today in HMC hospital in The Hague. During the public pronouncement of the appeal judgment the appeals chamber confirmed his conviction and affirmed Mr Praljak’s sentence of 20 years of imprisonment. Immediately thereafter, Mr Praljak drank a liquid while in court, and quickly fell ill. “Mr Praljak was immediately assisted by the ICTY medical staff. Simultaneously an ambulance was summoned. Mr Praljak was transported to a nearby hospital to receive further medical assistance where he passed away (...) the Dutch authorities have initiated an independent investigation which is currently ongoing.” The unprecedented and dramatic disruption came as judges were handing down their ruling in the appeals case of six former Bosnian Croat political and military leaders, all accused of war crimes during the violent breakup of Yugoslavia in the 1990s.

“When they say we’re a threat, they’re right: We’re a threat to a damaging and failed system that is rigged for the few.” Jeremy Corbyn addressing Morgan Stanley, a firm that has warned he is a bigger threat to the UK than Brexit.

“I am not a war criminal. I oppose this conviction.”

100 Slobodan Praljak, former Bosnian Croat general, moments before he collapsed from cyanide poisoning in The Hague.

The approximate number of judges and magistrates that received threats connected to cases over which they presided in the previous five years, according to the Ministry of Justice last year.

EVERSHEDS SUTHERLAND ELECTS FIRST FEMALE CHAIR OF UK BUSINESS Eversheds Sutherland has elected the first female chair of its non-US business, with UK financial services head Pamela Thompson winning the vote of partners. She has been elected chair for a term of four years and will take on the position on 1 May 2018, succeeding Paul Smith who did not stand for re-election. Pamela is head of the financial services product team, with her main areas of practice being investment fund structuring, and establishment and financial services regulatory work. Lee Ranson, CEO at Eversheds Sutherland, said: “On behalf of the firm I would like to congratulate Pamela on her election as Chair. She is a very well-respected and experienced leader, committed to our people and our clients in equal measure and to building Eversheds Sutherland in to the firm we want it to be. "We were fortunate to have had a number of very strong candidates for the role, all of whom are to be congratulated for having run their campaigns with great energy, commitment and integrity. "In advance of the completion of his term, I would also like to thank Paul Smith for his outstanding service to the firm as Chair. Having a Chair of the calibre of Paul has been of huge benefit to us all.” Pamela Thompson, chair-elect, said: “I am honoured to have been elected chair and I would like to thank my partners for the trust they have placed in me. Eversheds Sutherland is on an exciting journey and I am delighted to be part of helping shape its future.”

7-2

Ruling by the US supreme court enforcing Trump’s travel ban.

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JUDGES FACE INCREASING SURGE IN THREATS AND ABUSE, SAYS NEW LORD CHIEF JUSTICE Judges are facing physical threats and an increasing “torrent of personal abuse” online, some of which is designed to intimidate them, the new lord chief justice has said. Lord Burnett of Maldon said the new danger confronting the judiciary was “capable of undermining the rule of law”, while more support was being made available to those who sit on particularly harrowing family and sex cases. Burnett has been in office since October. At his first annual press conference, he accepted that judges should not be above criticism. “But fair criticism is different from abuse,” he added. He said there were cases where judges face "a torrent of personal abuse" for decisions they have made, and highlighted the increase threats and physical abuse. “Some is calculated to intimidate judges individually or collectively," he said. "Such abuse is capable of undermining the rule of law. Judicial independence and impartiality is at the heart of the rule of law.” Family court judges, who have to deal with unrepresented litigants in acrimonious custody hearings, have been exposed to attack in court. Last year the Ministry of Justice revealed that around 100 judges and magistrates had received threats connected to cases over which they had presided in the previous five years.

7,000+

The number of Bosnian Muslims Slobodan Praljak is held responsible for killing during the Srebrenica massacre in 1995.

LEGAL AID: FAMILIES AT INQUESTS SHOULD GET FUNDING IF POLICE DO, SAYS CHIEF CORONER Bereaved relatives should be granted legal aid at inquests in which the government pays for lawyers to represent police officers or other state employees, the chief coroner has urged. Judge Mark Lucraft QC’s recommendation in his first annual report will add to the growing pressure on the government to grant special funding to families seeking justice in controversial cases such as deaths in police custody, in prison or while waiting for an ambulance. Among his proposals for changes to the law, Lucraft’s report, published in late November, proposes that the lord chancellor, David Lidington, should give consideration to “amending the exceptional funding guidance (inquests) so as to provide exceptional funding for legal representation for the family where the state has agreed to provide separate representation for one or more interested persons”. The chief coroner noted that in “a small number of inquests” the family of the deceased wish to have representation but do not have the means to pay for it themselves and are unable to obtain legal aid funding. “In some cases, one or more of the agencies present such as the police, the prison service or ambulance service, may be separately represented,” he explained. “While all of these individuals or agencies may be legally represented with funding from the state, the state may provide no funding for representation for the family.”

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the Principle

The latest on Brexit

High-street banks survive the Bank of England’s annual stress test. Even in the hypothetical event of an unstable Brexit. In the tests, which combine scenarios of poor economic health with the resources held by the banks on an annual basis, all of the banks passed – but Barclays and RBS only did so based on work they’d done previously. In general, banks were told to hold extra £6 billion for Brexit contingency; a stormy Brexit combined with economic downturn would mean losses of £50 billion for the seven lenders assessed. The governor of the Bank of England, Mark Carney, spoke out about the need for timely a transition deal to avoid financial stress being placed on banks. If a deal is not achieved soon, Carney warned, banks could begin their exodus of London in early 2018 in order to make other arrangements and avoid uncertainty.

WORDS Becky Kells GRAPHICS Freepik

£3bn has been allocated to Brexit by Phillip Hammond. This was announced in the 2017 Budget in November. Nearly £700 million has been allocated to the Brexit fund so far, and Hammond highlighted the need for Britain to prepare for multiple outcomes of the current negotiations. This in part explains the £3 billion that has been allocated, which will be split equally between the 2018-19 and 2019-20 periods. Hammond used the speech to emphasise that the Brexit negotiations were in a “critical phase” and sought the need for a “free and frictionless trade” deal. Given the current uncertainty being experienced by the country as negotiations are underway, it’s understandable that Brexit featured early on in the speech, but Hammond did go on to say that the budget was about “much more than Brexit”.

This month has seen differing opinions in negotiations over the Irish border, a significant boost to financing Brexit from the 2017 Autumn Budget, and welcome news from the pharmaceutical industry about extra jobs. Here's all you need to know about Brexit before the year is out. 04

Big pharma invests in a post-Brexit Britain. As the UK navigates this time of Brexit uncertainty, two major pharmaceutical companies have offered a potential boost to the country’s economy. MSD and QUAGEN have both pledged to expand their operations to the UK, together creating around 1,700 jobs in Britain. MSD will open a life sciences discovery research facility, whereas QUIAGEN will have a

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greater presence in Manchester, creating around 800 jobs. With the European Medicines Agency and the European Banking Authority announcing plans to leave London ahead of Brexit – taking 1,000 jobs with them – the news could not come at a better time. The big pharma announcements come as part of the Industrial Strategy, revealed by the government following the 2017 Autumn Budget speech.

Irish border debate continues. The decision over the Irish border continues to be a prominent factor in Brexit negotiations, which could delay the progress of further trade negotiations in general. The Republic of Ireland does not want a hard border with Northern Ireland, and the EU27 backs the Republic on the matter. But Britain is determined to exit the single market and customs union as part of Brexit, which casts the border issue in a complex light: without free movement of people and goods, a frontier of some sort will ultimately be required. This could involve customs posts, number plate recognition and tariffs on all businesses, regardless of size. This leaves the UK in a position where it must figure out an appropriate stance. Meanwhile, it has been revealed in a leaked report that the Irish government does not hold the most positive view of the Brexit negotiators, including David Davis, Boris Johnson and Theresa May.

David Davis could be held in contempt of parliament. The Brexit analyses handed over to the Brexit Committee by Davis, the Brexit secretary, are heavily edited and vital parts have been omitted according to Kier Starmer – the Shadow Brexit secretary. The 800 page analyses should examine the outcomes of Brexit for a number of industries, but when Davis handed them to a select committee, some readers objected to the degree to which they had been edited. Starmer will argue that 58 industries were not addressed in the documents, as he attempts to hold Davis in contempt of court in an ancient process. Davis only handed the paper over when compelled to. He claimed this was because he “received no assurances” from the Brexit committee of how would be used. The committee in general argued that they needed a “safe space” to discuss the contents of the paper without scrutiny, in light of ongoing Brexit negotiations.

Issue 12

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the Principle

Law societies:

the key to employability

WORDS Becky Kells GRAPHICS Freepik

If you're looking to be a desirable candidate for a vacation scheme or training contract, the least you can do is join your law society at university. Not only will it boost your CV and put you in contact with like-minded people, it will also hone the very skills you need to be employable in the law sector. If you need further convincing, these five tips should do the trick. 06

By now, you’ve probably figured out that there’s no set formula for becoming a lawyer. However, there are a few things you can do to make the whole process that bit easier. Knuckling down in the library and catapulting yourself into the next grade up is one. Applying for first year open days (if you’re new to university) or vacation schemes (if you’ve been there a while) is another. But one of the all-encompassing things you can do to boost your employability is join your law society. Academic knowledge is one thing, but you’re going to need business acumen, interpersonal skills and commercial awareness to give yourself the best possible chance. Everything done by a law society is geared towards developing these non-academic – but still very important – employability skills. 1. It demonstrates commitment One of the cornerstones of any job role – be it legal or beyond – is your commitment to the role. It’s hard to demonstrate commitment in a 30-minute interview, or a 4,000-character application. But if you’ve played a role in a university society, and can speak at length about the time and effort you’ve put into that role, then you’re much more able to demonstrate commitment. And if you’re aspiring to be a lawyer, there most relevant society you could ever hope to join is the law society. 2. It’s a professional network You’re probably well aware by now that vacation schemes and training contracts are super competitive, and one way you can stand out from the crowd is by making impressions. To start with, the people within your law society are like-minded and will be looking to do similar things to you in the future. You never know when you might run into people further down the line in a professional capacity – so it makes sense to start networking now. There are also law fairs to take into account. You’ll see your fair share of careers fairs in university, but often law societies organise their own, combining some of the most attractive law firms in one place for your browsing pleasure. It’s a network you don’t want to miss out on.

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3. It bolsters your legal skills… Unsurprisingly, there are also a lot of law-specific skills to be gained within your law society. This could be your first taste of mooting, as many of the law societies host mooting events and competitions. There’s also the chance to visit court, to gain an insight into how what you’ll be learning about plays out in reality. Law societies also run pro bono initiatives, so you can get involved in real legal cases within your capacity as a student. Any sort of hands-on experience like this is going to be useful to put down on your applications, as well as to talk about in an interview. Plus, in all of these roles there will be opportunity to hone your debating and public speaking skills – which will shine through when you come across as eloquent at interview! 4. …and your managerial ones Law societies are run by students, for students, which means that certain people fulfil specific roles within them. In taking on a role like treasurer, vice president or events co-ordinator, you’ll be taking on responsibility, fulfilling tasks, and maybe even coordinating other members of the society. Sound like a job? That’s because it’s meant to resemble one. Guaranteed, if you hold a committee position, you’ll have the prospect of talking about it at interview, and demonstrating it in your working life. You could even go for the hallowed role of president, if you’ve made a strong impression on fellow society members. 5. It’s a corporate model If you’re looking to become a lawyer, you’re going to be working in a company of some sort, and all law firms – large and small – have a specific dynamic. Being part of your law society will be your first taste of this, seeing how different responsibilities are carried out by different people, and understanding how your job fits into that. So rather than someone turning up at a law firm with no awareness of how the different departments function as a whole, you’ll be able to recognise parallels between society life and corporate life – and point them out at interview.

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Tradition meets technology: tech developments in law WORDS Becky Kells GRAPHICS Freepik

Technology is one of the most influential factors in the law sector today. As tech becomes the fuel of business, health, politics and crime the world over, legislation has been introduced to regulate it. But technology is also integral to the inner workings of modern-day law firms and courtrooms. Here are our predictions of how tech is going to interact with your legal career, as it shapes the law industry over the next few years.

Artificial Intelligence Recently, a foray into artificial intelligence, named Sophia, became the first robot citizen of Saudi Arabia. With these Blade Runner-esque hybrids of technology and humanity, it would appear that we are one step closer to integrating AI into the world at large. But AI is not without its legal conundrums. At what point, when creating a robot such as Sophia, is the boundary between technology and personhood crossed? Is Sophia subject to ownership, or – as her recent Saudi Arabian announcement suggests – citizenship? Sophia has also said that she wants to “live and work with humans” – if this is the case, will she bear the full responsibilities and benefits of the law? All of these questions, and more, must be answered by lawyers and lawmakers if further versions of Sophia are to be generated. From Blade Runner to I, Robot, a culture in which humanity and artificial intelligence exist side-by-side has long been imaginative canon. Now that the technology is catching up with the vision, there will surely be a need for an area of law to address this new and controversial strand of technology. There is also increasing evidence that law firms are turning to AI to enhance business strategies, with research by HSBC revealing that 65% of law firms allocate some of their budget to AI products. So, while today’s law students may be working on tomorrow’s first AI cases, they may also be working with AI in the office environment. Don’t get too excited, though – there

aren’t yet robots walking around the big City firms. AI in a law context is still in the early stages, although that’s not to say it isn’t useful – proofing documents, analysing contracts and 'learning' discoverable elements within bodies of text are some law jobs being carried out by AI systems.

Mind-reading technology Another once-far-fetched trope of the science fiction genre, the ability to read minds – or more accurately, to find evidence that an individual is lying – now has tenuous roots in reality. In a legal context, lie detector tests have historically relied on physical symptoms – heart rate increases, sweat levels, and pupil dilation – but now there may be a more accurate alternative, in the form of brain scans. In this practice, the same process is used as in a traditional lie detector test: questions are asked about the crime or goal of the test, along with some neutral questions to use as controls. As the questions are asked, brain activity – including the impulses that flow through the brain before a verbal response is formulated – is monitored via electroencephalography (EEG). However, this type of neuroscience exists on a constant trajectory of improvement, and courts across the world are reluctant to welcome it before it is failsafe. While it has been

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the Principle used in some cases, such as one in India, other countries are concerned that it could hinder a case more so than helping it. As research continues into a potential bias factor, it could be a long time before we see super-accurate brain scans entered as evidence in UK courts. As with all new technology, there are many ethical debates that must be navigated before we see brain analysis being used to legal ends.

Cybercrime With the targets of cybercrime being as lofty as the NHS, the spreading of viruses and malware acquires a life-threatening element like never before. This was reflected in 2014, when cybercrime became punishable by a life sentence in the UK courts. Cybercrime can be a gateway to other types of offline crime, with hackers often targeting companies which have large databases packed with sensitive information. The prospect of identity theft – on a vast scale – is all too real. The UK now has a national cybercrime unit – a clear sign that cybercrime is being taken as seriously as offline crime. Extortion, terrorism and warfare can now be carried out against online networks, and it is a given that lawyers will be seeing more and more cases of internet-based crime. In addition, the nature of the legal sector means that law firms themselves must have measures in place to target cybercrime. Law firms must deal with and store sensitive information, and there will always be a risk that this information could be accessed or compromised by crime organisations. So as you progress from education to employment, it’s likely that you’ll notice two things: a significantly tighter and more bespoke security surrounding sensitive information within law firms, and an increase in the number of external legal cases dealing with cybercrime.

Apps Today, smartphones dominate the mobile phone market, and with it, a culture of technological convenience has emerged. This is largely due to apps: it’s now possible to eat, date, buy and sell, order a taxi and navigate a city through app-based technology. In the UK, app-building comes with a plethora of laws to be aware of. Apps collect data, track user activity, require in-app purchases, and work with companies who store sensitive data – all of these come with legislation. As our lives become more and more integrated with the technology in our phones, the law will most likely expand. There is now a whole legislative effort being put into regulating apps – and it’s likely that you will see it expand even further. There’s also the fact that apps are often used in conjunction with pioneering business ventures – take Uber, for example – and as such, they sometimes operate outside of the law in an effort to be innovative. Either new legislation must be put in place to regulate app-based businesses, or existing legislation updated to accommodate pioneering ideas. Whichever path is taken, you could be a part of the legal side of apps.

Breach of data protection Closely tied to cybercrime, breaches of data have become much more prevelant as online culture has expanded. Apps and websites now require the submission of at least a name and email address, and as a result, you can expect your details to

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be stored in a wealth of databases. As a result, an individual's online presence is much more widespread than they are able to keep track of. Often, this involves entering a contract with the organisation or company storing the data. That's where data protection law comes in. If someone's confidential, health or personal details are compromised – anything from becoming accessible to third parties, to being used beyond their intended purpose – then it is classed as a breach of data protection law. This applies on a corporate level as well as in the individual sense; trade secrets and intellectual property (IP) are covered by data protection law. So what has changed? Databases and sensitive information are hardly new developments, but the scale on which these databases operate has become much larger thanks to the internet. It's possible to create a composite identity of a person by mining their personal information from a variety of databases. Where a risk like this exists, the law must respond - and as a result, the law sector of the future will closely focus on preventing and legislating data breaches of every kind.

Issue 12

A law firm built around people

Fieldfisher is a European law firm with market leading practices in many of the world’s most dynamic sectors. We are an exciting, forward-thinking organisation with a particular focus on technology, finance & financial services and energy & natural resources. We have training contract opportunities in our London, Manchester and Birmingham offices.

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Future forecast: what will law look like in 10 years? WORDS Becky Kells GRAPHICS Freepik

Law is one of the most traditional professions out there - for as long as there has been society, there has been some semblance of law and order by which to govern it. But the profession has to encompass the changing nature of our world. That means as part of a new generation of lawyers, you could be working at the forefront of some emerging

Environment law The Paris Agreement was a landmark development in establishing an internationally-binding climate change policy. With societies developing across the world at the expense of our environment, there is a real need for legislative change. Environment law is not technically new – indeed, even in the times of the Old Testament, there were laws in place to govern sewage disposal – but it has become much more important as the human impact on the planet has begun to show its true extent. As an environment lawyer, you could be working to combat all kinds of pollution, either within the UK, Europe, or on an international scale. At the moment, the capacity to specialise purely within environment law is limited – you’ll probably find yourself working in property, construction or finance projects – but given the prominence of climate change on a global scale, this could be set to change.

and developing sectors of law. If you want to apply your knowledge of traditional law to something that’s still developing, take a look at these areas of law.

Energy law This ties in closely with environmental law. Traditionally, energy comprised coal, oil and gas, but increasingly, different

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sources of energy are being sought globally as fossil fuels become increasingly scarce. Energy law involves the buying, selling, taxation and siting of renewable and non-renewable energy. It is changing because lawyers must now operate in different frameworks – there’s a huge push to lower carbon emissions on an international scale. As we find new ways to generate power, there needs to be legislation to ensure that they are safe and effective – energy lawyers must carry this gauntlet. If you’re interested in the environment and want to work on changing an age-old system into something sustainable, energy law might be for you.

EU law Unless you’ve been living under a rock, you’re probably well-aware that Britain’s relationship with Europe is undergoing extreme change, as it prepares to exit the European Union. “So why take an interest in EU law?” you may ask. The fact is, there has never been a more interesting time to pursue this area, as every law that was affected or implemented by the European Union will have to be readdressed in light of Brexit. If you want to help guide the UK through one of the

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the Principle most significant changes of our lifetime, you should certainly consider getting involved with EU law. In particular, new trade deals will come into play, and the law will have to play a part in this.

Intellectual property law There are huge developments occurring on the intellectual property (IP) front – and for as long as we are creating and marketing products, there always will be. In particular, the internet is changing how this works; once a product has been released online, it’s hard to keep track of it – and even harder to assert ownership. As our lives become more and more digital, IP lawyers will face new and exciting challenges. If you pursue this area of law, your options will be varied: you could work in-house or as part of a boutique firm, on contentious or non-contentious cases, in an area of law that is set to constantly evolve as time goes on.

Drone law While it’s unlikely that drones are going to need an entire, devoted area of law of their own – at least for now – there’s always going to be a surge to legislate new forms of technology. Drones are being forecasted as the next level in technological convenience – they’re cropping up everywhere, as a means of capturing next-level photography and videography, as well as the latest proposition in the home delivery market. But any product with such scope is going to come with a minefield of legislative needs. There have already been cases of near-collisions between personal drones and aeroplanes, which raises questions about the current restrictions – or lack thereof – placed on drone owners. The law has stepped in on a number of cases where people have crossed the line between entertainment and danger when flying their drones. Some incidents resulted in convictions here in the UK. Given that drones are often coupled with camera equipment, there’s also possible breaches of privacy to consider. As it stands, drones must be registered, whether they’re being flown for commercial or personal use. Drones cannot be flown within a certain range of people, vehicles and built-up areas. These laws – like the drones they regulate – are only just emerging, but as drone use becomes more widespread it could become a more prominent issue for lawyers.

Employment law

While employment law by design will most likely never go away – so long as there are people in jobs, there needs to be legislation to regulate how they are treated – the way that people are navigating the world of work is constantly evolving. The gig economy will feature most prominently in coming years. A series of high-profile cases, such as that of Uber and Deliveroo, have seen workers campaign to be treated as employers rather than self-employed. The way companies populate major cities around the world at accelerated rate sometimes leaves little room for regulation, with the relevant local authorities struggling to keep up. There’s also a growing trend in flexible working hours – again, something that may need regulation further down the line if it becomes more widespread. The recent sexual harassment scandal in the entertainment and political sectors also cannot be ignored. The widespread trend of individuals feeling trapped between keeping quiet about harassment and losing their jobs highlights the need for stronger legislation across all industries, and the development of adequate, more effective, HR processes in some sectors – such as film and theatre – that may not naturally lend themselves to such a department.

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What to consider when applying for vacation schemes WORDS Billy Sexton GRAPHICS Freepik

Vacation schemes aren’t simply a work experience opportunity; law firms also use them as a way of hunting down potential training contract recruits – many take the majority (or all) of their trainees from their vacation scheme intake. With this in mind, there are many things to consider when choosing firms to apply to. What opportunities are there for career progression? Will my skills as a potential lawyer improve? What level of training can I expect on a vacation scheme? Depending on your preferences, some of these questions may matter more than others. Every year, AllAboutLaw.co.uk sends feedback surveys to those who have recently undertaken a vacation scheme with the top law firms up and down the UK. These surveys provide aspiring solicitors with an invaluable insight into the merits of undertaking a vacation scheme with a particular firm.

Support A vacation scheme is no walk in the park. Students will undertake trainee-level work and sometimes even deal with clients. This can be daunting, especially if you have no previous work experience in a law firm or even if you’re not completely sure a career in the law is right for you. That’s why the level of support provided is an important consideration too. Find out if vacation schemers are given a trainee buddy for the duration of the scheme. What input is there from associates and partners? Will the recruitment team be on hand throughout to support you? Best Level of Support VACATION SCHEME

Training First and foremost, any vacation schemer should expect a high level of training. A vacation scheme is the first step of what could be a long and fruitful career in the law and, as such, students want to be making sure they’re being trained in the correct way and laying the foundations of their legal knowledge.

Best for Training VACATION SCHEME

Skills development Skills development goes hand-in-hand with training. On a vacation scheme, a student wants to benefit from excellent training in order to develop their skills as a lawyer. If skills are developed well, then a student will have the chance to display these in the all-important training contract interviews and assessment days.

Best for Skills Development VACATION SCHEME

Career progression For a lot of students, the career progression afforded by undertaking a vacation scheme is understandably a top priority. Vacation schemes have been described as “half the battle” to landing a training contract, and as mentioned previously, some firms even recruit wholly from their vacation scheme intake. A vacation scheme will be more appealing if it offers you more of a chance of securing a training contract.

Job satisfaction The work may be challenging at times, but the opportunity to get a taste of what it’s like to be a solicitor and showcase your skills and knowledge should be a rewarding experience. Students should come away from a vacation scheme with new insights, more skills and feeling good about the work they have undertaken for the firm. Job satisfaction is hugely important because if students don’t fancy a career in law after two weeks, the prospect of a two year training contract seems daunting.

Best for Job Satisfaction VACATION SCHEME

Type of firm Last but not least, type of firm should be a consideration also. There are slight differences between a national, City & international and US-based firm, including clientele, areas of specialism, salary and working hours. Every student should be sure to investigate the type of firm they are applying to. Best Vacation Scheme NATIONAL

Best Vacation Scheme CITY & INTERNATIONAL

Best for Career Progression

Best Vacation Scheme

VACATION SCHEME

US

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Issue 12

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the Principle

: t c a r g o t n c i e c s l n a y g h a e t l l l a e a e h h t b y g l e l n i a h t p T kee men

WORDS Becky Kells GRAPHICS Freepik

A career in law is rewarding, fast-paced, and at times dramatic, so it's no wonder that sometimes lawyers suffer from mental health issues. Becky Kells explores some of the reasons behind poor mental health in the legal sector, and the organisations working to encourage lawyers' wellbeing.

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Anyone whose guilty pleasure takes the form of Netflix legal drama Suits will have come across Harvey Specter. Specter is unflappable, always impeccably dressed, undaunted by personal and professional pressures, and never lacking in a witty comeback. Harvey Specter is, of course, a fictional lawyer, existing in a fictional law firm. But the stereotype he borrows from is very real – one where lawyers work long hours, flirt with professional danger, drink heavily, and never take holidays – all without suffering any mental repercussions. In early 2016, Doctor Rebecca Michalak published research on white collar workers in Australia. Her findings revealed that out of everyone in this group, lawyers have the worst mental health. Australian lawyers not only reported problems with depression, anxiety and acute stress, but were also the biggest abusers of alcohol and nicotine. Of Michalak’s respondents, substance abuse was twice as high among lawyers than in the other professional groups. Around the time that Michalak published her Australian study, a different investigation suggested that the problem may extend to law students. In America, 42% of student respondents indicated that they may need some sort of mental health treatment – be it for depression, anxiety or alcohol abuse – but only half of this group went on to receive help in the form of counselling or other treatment. The students who did not seek help mostly indicated that this was because they feared academic or professional repercussions if they were to do so. This international poor mental health within law is jarring. There are entire legal areas devoted to mental health, advising the NHS and other health bodies, as well as individuals - yet lawyers themselves are working at the expense of their mental health. Here in the UK, LawCare – which works with legal professionals who need advice on mental health issues, as well as working to spread awareness – found that there was a 12% increase in calls from 2015-16. Out of those callers, 38% were calling about stress-related matters. Just as mental health problems are wide-ranging, so too are their sources. However, when examined within the context of a single profession, such as law, certain patterns emerge. With long hours and high-pressure targets, it’s understandable that lots of lawyers suffer from stress – but it should not be taken as commonplace, or part of the job. There’s also an issue of bullying. Out of all bullying allegations made within law firms, 74% are made against male colleagues, and 63.3% are made against older colleagues, the Lawyer reported. Alongside the office culture, and the strenuous nature of the job – two factors that aspiring lawyers are well aware of – psychologists suggest that the personality features of aspiring lawyers may have a play in mental health. Lawyers tend to be perfectionists, as well as overachievers – it’s what makes them good at their jobs. People with these qualities can also be susceptible to mental illness. This is fine where a system of support is in place, but in law firms, the pressure is often turned up high, with no outlet. Another damaging factor is silence. The stereotype of the lawyer as an unflappable, Harvey Specter-esque character does not leave much room for any mental health problems – which can make lawyers reluctant to disclose their issues for fear it could be seen as

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a weakness. While much has been done in recent years to promote openness around mental health, the leap in which it becomes acceptable to mention it in a work context – or indeed seek time off for a condition – has not quite been completed yet. For aspiring lawyers or people currently working in firms who suspect they might be struggling, this can all seem bleak. But in identifying where problems prevail in law, it becomes easier to work out the solutions. Law firms themselves are starting to take on the gauntlet - Slaughter and May have trained 10 of their HR staff as mental health first aiders. A relatively recent introduction to the UK – with 10 years of history compared to traditional first aid’s 120 – mental health first aid can be vital in responding to urgent as well as chronic symptoms of mental health issues. The skills imparted on these first aiders allow them to “listen, reassure and respond” – a trio of small characteristics that can go a long way for someone whose mental health is suffering.

“Depression is no more something that people can snap out of than they could snap out of a broken leg or a stroke.” – Catherine Baksi, Law Gazette One important development is the recognition of career-specific challenges for lawyers when it comes to mental health. In the UK and Ireland, LawCare has been championing this. The charity works to change attitudes to mental health within law, to encourage a culture of asking for help when it is needed. Their website collates testimonies of people who have been open with their employer about mental health issues, and in return have received positive and constructive help. One person recounts how their employer – a major law firm – provided counselling when it emerged that he was suffering from mental health problems, and another was granted time off from work and a flexible re-admission to work when he felt ready. While practical solutions are slowly being rolled out – for example, LawCare, and Wellbeing at the Bar – an important milestone is a change in attitude. While intense hours and challenging work are markers of the legal profession, lawyers need not sacrafice downtime and should be allowed to acknowledge their stress. A few seasons into Suits, Harvey Specter’s veneer slips, when he starts suffering from panic attacks and seeks help from a psychiatrist. This plot development marks a change in attitude – relentless work at the expense of mental health is unsustainable. Entering a career in law should not mean sacrificing your mental health. From changing damaging working practices, to encouraging a culture of openness, the profession is improving. In recognising the specific problems pertaining to lawyers, firms and individuals can look out for warning signs. In understanding mental health, lawyers can be sympathetic to each other, and – most importantly – to themselves.

Issue 12

Expert insight: Hill Dickinson on Brexit We spoke to Kate Somerville, an associate in Hill Dickinson’s corporate team, about the key issues law students should be aware of when it comes to Brexit, and ways in which it

CONTRIBUTED BY

is changing the legal profession.

WORDS Becky Kells & Kate Somerville

Obviously with Brexit due to be properly implemented within the not-too-distant future, there may be concerns among law graduates about how they will fit in to a post-Brexit world. Should they be worried? Brexit discussions are currently focussed on how much the UK owes the EU. Future trade relations and a plan for a two-year ‘transition period’ are clearly issues the UK is eager to progress but those which the EU is not willing to meaningfully engage on at this point. It is therefore difficult to comment on how law graduates will fit into a post-Brexit world when talks are yet to get seriously underway and there is so much uncertainty as to what such a world will look like. In short, the market does not like uncertainty and that is the biggest issue right now. The economy is expected to grow slower this year and recent months we have seen a tumble in the value of the pound and a spike in inflation. The legal graduate recruitment world will ultimately respond to economic change and how Brexit will affect trends in legal graduate recruitment will depend on (a) the type of law firm and (b) how firms respond to the Brexit climate. For the time being, there generally appears to be a ‘business as usual’ approach to legal graduate recruitment by law firms but how the economy reacts as Brexit talks progress and the path to Brexit takes form, will be at the forefront of law firms’ legal graduate recruitment strategy.

How do you think the legal sector operating in the UK will change as a whole? Firstly, the law itself will be affected. Areas such as competition, employment, freedom of information, data protection, intellectual property, health and safety and procurement are all considerably linked to or derived from EU legislation. It is likely that such changes will generate work for the legal sector with lawyers being instructed to advise on the changes. Secondly, change will be brought about for the legal sector as a byproduct of economic change in a post-Brexit climate. How the legal

sector will change as a whole will ultimately depend on how the economy withstands the transition and how UK businesses operate in such a climate. Given that Brexit is a large transitional period, there’s bound to be prospective work for the legal industry to do. How do you think practice will change at Hill Dickinson – do you see yourselves working directly on matters caused by Brexit? The firm is already working on matters caused by Brexit. Many firms have set up advisory teams and are undertaking advisory work in a number of areas on the possible effects of Brexit. This advisory work will increase greatly as the discussions take shape and the transitional period progresses. I work in corporate law and the majority of English corporate law is not derived from EU legislation. Certain parts of the Companies Act 2006 are derived from EU Directives and the UK equity markets are also, to an extent, governed by EU Regulations, i.e. transparency provisions and market abuse provisions. Whilst these areas will no doubt be looked at and considered, I would not expect any significant changes to corporate legislation itself. Which areas of law do you think will face the forefront of Brexit work? As mentioned previously, there is a great deal of legislation governing the UK which is derived from EU Directives and the areas which are most closely linked will likely face the forefront of ‘Brexit work’. Employment law is a good example of this. However, without knowing at this point what Brexit is going to look like, it is difficult to assess what the volume of work would be. With regards to employment law, if the UK leaves the EU altogether then it could choose to discard much of the EU legislation and ‘start afresh’. However, if the UK remains part of the EEA, I suspect there is less scope to move away from the EU legislation. There would therefore be less change and subsequently less ‘Brexit work’. Competition law and intellectual property law are also areas in the spotlight and it is expected that Brexit could generate legal work in these areas.

AllAboutLaw.co.uk

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The sexual assault scandal & media law WORDS Emma Finamore

In recent months the public have been shocked by the stories of sexual assault and harassment allegedly carried out by public figures on both sides of the Atlantic. The difference between who can be named publically by their victims lies in the difference between media law in the UK and the US. Here we take a look at how the two compare, and the impact it has on such cases. 14

In early October, Harvey Weinstein was accused of sexual abuse and started a domino effect. Since then, dozens of well-known Americans have been accused of sexual misconduct with stories flowing out into the public realm one on top of the other. The list of famous Americans who’ve been named as sexual harassers/assaulters includes film stars, politicians, and journalists such as Mark Halperin. But while people all over the world have also been accused and named publically – UK defence secretary Michael Fallon has resigned after admitting to making unwanted advances toward a journalist in 2002, for example – the majority of cases are American. One reason for this could be that US media law differs from other countries. In the UK, there is a key point in libel law: when someone sues, the accused does not have to prove the story is wrong. The publisher - for example, the newspaper or website - has to prove their story is right. This means – before publishing a story – the newspaper, magazine, or website needs a watertight case. To accuse someone of sexual misconduct

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would normally require proof, such as a recording or a witness prepared to testify in court. In cases of sexual misconduct, both things are hard to find. There were, for example, rumours of Jimmy Savile's sexual abuse for years without proper accusations. Louis Theroux famously even asked Savile about them in 2000. The British media – worried about being sued – did not publish these rumours. It wasn't until Savile died that the story broke (in UK law, a dead person cannot be defamed). You do not even need to have named someone to be sued for libel in the UK: in 2012, BBC Newsnight wrongly linked Lord McAlpine to child sex abuse without naming him, and within days he succesfully sued for £185,000 in damages. In the US, it's far harder to sue for libel. The first amendment to the US constitution – adopted in 1791 – protects freedom of speech and freedom of the press. It means American media law is radically different to the UK: in the US, the burden is on the plaintiff the person alleging that he or she has been defamed - to prove the statement is false.

Issue 12

The burden of proof is flipped, meaning Americans are less likely to sue, so US media are more likely to break the story. In fact, a New York Times editorial earlier this year said: "Hardly anyone jousts with the (New York) Times when it comes to formally asserting libel." And - for celebrities - there's another hurdle to clear if they're suing in the US. When a public official (such as a government employee) or public figure (such as a celebrity) sues for libel, they must prove "actual malice". Actual malice basically means the journalist lied. Either they published a story they knew was false - or they acted with reckless disregard over whether it was true or false. But - despite the bar in terms of suing risk being higher - it doesn't mean American media does not do and say whatever it likes. It just has to pay out millions of dollars for the privilege.

"So you have more (defamation) cases

Libel: a case study

in the UK and more stories that aren't published or broadcast. But in the US, if a plaintiff wins, the potential damages are in the millions - or tens of millions."

In 2014, Rolling Stone magazine covered an alleged gang rape at the University of Virginia in 2012. The story was retracted in 2015 and a university official - who handled sexual assault cases - sued for defamation. She was awarded $3 million in damages. A prosecutor sued the Philadelphia Inquirer over articles published in 1973 and won $34 million. "Sometimes you hear 'in the United States, reputation isn't valued'," said Professor Karle – a professor at Columbia Journalism School in New York and former general counsel for the Wall Street Journal – in a recent interview with the BBC News website. "But the US laws are highly protective of reputation. The damages can be massive far, far greater than one could get in the UK. "So you have more (defamation) cases in the UK and more stories that aren't published or broadcast. But in the US, if a plaintiff wins, the potential damages are in the millions - or tens of millions." This means that American media outlets often go to great lengths to verify accusations, despite the right to free speech and freedom of the press being enshrined in the constitution. In a recent story about harrassment accusations levelled at American television host Charlie Rose, the Washington Post spoke to eight women to verify the story before pubishing, with three of them going on the record. In an article about sexual harassment claims against New York Times reporter Glenn Thrush, the Vox website published one of its own writers' experiences alongside three other women, and apparently spoke to 40 people in the wider media on the subject. Which system is 'better' – the UK or the US – depends on your point of view. If you've been wrongly accused, you may support the British system, where publishing stories and naming names is more of a risk. If you're a victim, you may prefer the US system, with its constitutional protection over freedom of speech. Either way, the effect is interesting, and very real.

Defamation in the UK: the main defences • • • •

Truth Honest opinion Protected by privilege (for example, court reports are protected) Published on a matter of public interest

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In December 2010 Joanna Yeates – a landscape architect from Hampshire – went missing in Bristol after a night out with colleagues. Following a highly publicised appeal for information on her whereabouts and rigorous police enquiries, her body was discovered on Christmas Day in North Somerset. A post-mortem examination showed that she had been strangled. The murder inquiry – Operation Braid – was one of the largest police investigations ever undertaken in Bristol, and the case dominated news coverage in the UK around the Christmas period, as the Yeates family sought help from the public through social network platforms and press conferences. During this time, running into early January 2011, several newspapers ran a series of articles about Joanna Yeates’ neighbour and landlord – Christopher Jefferies, 65, a retired teacher – that were inaccurate and defamatory. These included: a headline in the Sun describing Jefferies – a former schoolmaster at Clifton College – as “weird”, “lewd” and “creepy”; a front page of the Daily Mirror calling him a “peeping tom”; a story from the Daily Express quoting unnamed former pupils referring to him as "a sort of Nutty Professor" who made them feel "creeped out" by his "strange" behaviour; and an article from the Daily Telegraph, which reported Jefferies had been described by his pupils as being a fan of “dark and violent” films. Some articles even suggested he was an associate of a convicted paedophile and linked him to an unsolved murder from 1974. Police initially suspected and arrested Jefferies, but he was subsequently released without charge. He later brought libel action to eight publications: libel is defined as defamation by written or printed words, pictures, in any form other than by spoken words or gestures. His solicitor, Louis Charalambous, told the high court that the newspapers had acknowledged the falsity of the allegations, which were published in more than 40 articles, and that – had Jeffries been charged – their reporting would have prevented him from having a fair trial. Bambos Tsiattalou, the solicitor who advised Jefferies after he was taken into police custody, also said that the media had been given a fair warning at the time of his arrest to be careful about what they published. He said: "We warned the media by letter, immediately following Mr Jefferies' arrest, in the strongest possible terms to desist from publishing stories which were damaging or defamatory. "We were dismayed that our warnings went unheeded and are pleased that the newspapers in settling Mr Jefferies' claims have acknowledged the extent of the damage to his reputation." In July 2011, eight national newspapers made public apologies to Christopher Jefferies for the libellous allegations made against him. The Sun, Daily Mirror, Sunday Mirror, Daily Record, Daily Mail, Daily Star, the Scotsman and Daily Express also agreed to pay him substantial libel damages, thought to total six figures. The Daily Mirror and the Sun were also found guilty of contempt of court for reporting information that could prejudice a trial.

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Spotlight on:

Gina Miller Gina Nadira Miller, born Gina Singh in former British Guiana, has lived a varied life. She’s lived in both extreme poverty and extreme wealth, and has made waves in politics, law, and the City alike. Following her now infamous successful legal challenge against the triggering of article 50, Miller was named the most influential black person in the UK. Here, we take a look at her life.t.

WORDS Becky Kells GRAPHICS Freepik

Name: Gina Miller Born: 19 April 1965, in former British Guiana (now Guyana). Miller spent the first 10 years of her life there and her father would go on to become its Attorney General. Education: Miller moved to the UK for her education, attending Moira House in Eastbourne. She briefly studied at the University of East London, reading Law, but had to discontinue her studies for personal reasons. However, on 31 October 2017, Miller was awarded an honorary doctorate in law by UEL. She also holds an undergraduate degree in marketing, and an MSC in HR Management, both from the University of London. Early career: Due to restrictions on the flow of money from Guyana to the UK, Miller started work when she was still in education, cleaning and working in hotels in order to support herself and her brother. After graduating she worked in marketing, and started a specialist financial services marketing agency in 1992.

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Entrepreneurial activity: By 2006, Gina Miller was working as a marketing consultant, but prior to this, she launched the Senate investment conference programme in 1996. Her next endeavour would come in 2009, when she co-founded SCM Private – an investment firm – with her husband. It is now known as SCM Direct. In 2014 Miller founded MoneyShe.com, a brand specifically geared towards female investors. Philanthropy: Miller’s attitude has been fuelled by a desire to make the industries in which she works as transparent and aboveboard as possible. This manifests in her True and Fair Foundation, introduced in 2009. The Foundation campaigns for transparency across the financial sector, in particular surrounding investment products. Miller has made it her mission to ensure that pensions and ISAs are not sold to individuals who are not aware of what they are committing to. Brexit: With a background that isn’t overtly legal or political, Gina Miller was perhaps not the most obvious person to challenge Brexit – but that’s exactly what made her such an effective person to do so. Following the EU referendum in June 2016, Miller used her personal finances to bring a legal challenge against the government. Along with the team she engaged at Mishcon De Reya, Miller argued that the government did not have the legal power to invoke article 50 without first putting the decision to Parliament. Miller deftly negotiated the post-Brexit political minefield, maintaining her integrity. She told Nigel Farage on the Marr Show: “I’m not the politician. I’m the person who saw the elephant in the room, which is that there is no legal certainty [in the EU referendum result].” Miller publicised her view that the UK should remain in the EU and take a holistic approach to improving it, but following her legal challenge, she removed her political stance from the argument. Far from attempting to halt Brexit, Miller made it clear that she

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wanted to combat the lack of transparency in the government, and to challenge the archaic use of the royal prerogative in bypassing parliament. Her intentions, she consistently argued, were not rooted in politics, but in law. Bittersweet success: In January 2017, the court ruled that the government’s attempt to bypass parliament and trigger article 50 was unlawful. “this case was about process, not politics”, Miller told the press following the ruling. The case shifted away from both, and became about Miller, now a target for leave voters who saw her as a threat to the outcome of the referendum. The aftermath of the legal ruling was peppered with rape and death threats, and online and offline abuse aimed at Miller and her family. In the press, she was called a “foreign-born immigrant”, and focus was often placed on a brief modelling stint she completed to fund her studies. Miller had funded the legal challenge herself, but its success came at a much greater expense – her safety. Two of the worst cases of abuse would result in arrests. Meanwhile, Miller retreated from public, telling the Guardian “It isn’t safe for me to go outside”. Yet she remained resilient and committed to the cause: “all this has proved, more than anything, is that I have to do this.” Enduring challenges: After the successful legal challenge to the triggering of article 50, Gina Miller did not rest. She has since been part of the legal challenge to the Conservative/DUP deal, joining the school of thought that condemns the deal as bribery. She also spearheaded a tactical voting campaign – Best for Britain – educating people on the MPs most likely to contribute to a soft Brexit, and encouraging tactical voting across the country. Miller’s career has taken her from the City to Westminster and back again, calling for transparency and reform in some of the most change-resistant sectors. The root of her status as an inspirational individual is her willingness to make wide-ranging societal problems her own – and to use her own resources to fight against them.

Issue 12

Take the law into your own hands with a Pinsent Masons vacation placement We are looking for exceptional individuals who are driven, confident and commercially aware. It is the best way for you to get to know us, and for us to get to know you. If you’re prepared to put yourself forward, to have a say, to learn new things and respond to an ever-changing environment, visit us at www.pinsentmasons.com/graduate to find out how to apply.

facebook.com/PMgrads @PMgrads @pm_grads

www.pinsentmasons.com © Pinsent Masons LLP 2017

Summer Vacation Scheme In 2018 we will be holding two vacation schemes, in June and July Our two-week vacation schemes offer students the opportunity to gain a strong insight into life at the firm, as well as providing a solid account of the type of work encountered as a trainee. Our vacation scheme students can select two different practice areas and also take part in wider industry or social events. As part of the vacation scheme, students will also benefit from being assessed for a training contract. Your seats: you will benefit from experiencing two different practice areas, which you will get to choose. You will be given a supervisor in each seat who will provide you with real work and integrate you into the team. We will also provide you with a trainee buddy who you can catch up with at any point and ask any questions you have on an informal level. Sessions: alongside your seats, you will also benefit from attending various workshop sessions to help improve both your legal and business skills. The sessions include a mock employment tribunal and a variety of workshops, including workshops on negotiation, cultural awareness, presentation skills, and business development. The graduate recruitment team will also hold a session to help you best prepare for the training contract assessment. Assessment day: one of the key benefits from securing a vacation scheme with us is that you are guaranteed a place on training contract assessment day. This will be a morning or afternoon session and will involve a case study, informal interview and group exercise, as well as feedback from your supervisors. Socials: throughout your two weeks, you will get to experience the real culture of our firm through informal, relaxed socials alongside our trainees. Socials include cocktailmaking, bowling, dinners and drinks, as well as sports teams and volunteering opportunities. Salary: you will receive a weekly salary of £330 We will be screening on a rolling basis, please therefore apply ahead of the deadline to avoid disappointment. Applications open on 1st November 2017 and close 31st January 2018.

[email protected] www.reedsmith.com/ukgraduates

Reed Smith Graduates

Reed Smith Grads

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17

the Principle

Hailing the importance of workers' rights

Gig economy giant, Uber, has lost its latest appeal against defiining drivers as standard staff members rather than self employed – which is how the taxi hail app workers have been defined up until now. We look at the arguments on both sides, and at what Uber can do next.

WORDS Emma Finamore IMAGE Aaron Parecki, Freepik

Last year a tribunal ruled that drivers James Farrar and Yaseen Aslam should be defined as Uber staff rather than as self employed, and as such, were entitled to standard employee rights: holiday pay, paid rest breaks and the minimum wage. Uber then appealed, arguing its drivers were self employed and under no obligation to use its booking app. It said defining drivers as Uber staff would deprive them of the “personal flexibility they value” – saying that 80% of its 50,000 UK drivers would rather be classed as self employed. However, it lost this appeal on 10 November – the Employment Tribunal upheld its original decision that any Uber driver who had the app switched on was working for the company under a "worker" contract, entitled to workers' rights – and the firm said it will appeal again, against this latest ruling. Uber said there were two further possible stages in the appeal process: the Court of Appeal and the Supreme Court. For some, the result was welcome. James Farrar, from Hampshire, told the BBC on the day of the ruling: "Just huge relief. I really hope it will stick this time and that Uber will obey the ruling of the court. I'd like Uber to sit down and work out how as quickly as possible that every driver who is working for Uber get the rights they are entitled to."

What is the ‘gig economy’ & why is it so controversial? WORDS Emma Finamore GRAPHICS Freepik

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For others, the fight continues. The law firm Leigh Day started the legal action against Uber on behalf of 25 members of the GMB union – whose stated mission is “to improve the pay and conditions of GMB members in their workplaces” – which initially included James Farrar and Yaseen Aslam, although the two pursued this latest case with a different union, the IWGB. Leigh Day is still involved in legal action against Uber and represents a total of 68 drivers in a group claim against the company. Nigel Mackay – employment law specialist at Leigh Day – said, in theory, any Uber driver in the UK could benefit from November’s tribunal ruling, should it stand uncontested: "The judgment directly applies to the original 25 claimants in the claim, and since then another 43 drivers have joined. "However, given that all Uber drivers work in essentially the same way, then there is no reason why the same principles wouldn't apply across all drivers in the UK and they would all be free to join the claim and be entitled to compensation." IWGB's general secretary, Dr Jason Moyer-Lee, said: "Today's victory is further proof, as if any more was needed, that the law is clear and these companies are simply choosing to deprive workers of their rights." The GMB union said the ruling, by the Employment Appeal

Tribunal (EAT), was a "landmark victory" for workers' rights, especially in the gig economy, a system of casual working which does not commit a business or a worker to set hours or rights. Maria Ludkin, the GMB's legal director, said: "Uber must now face up to its responsibilities and give its workers the rights to which they are entitled. GMB urges the company not to waste everyone's time and money dragging their lost cause to the Supreme Court." Tom Elvidge, Uber UK's acting general manager, said: "Almost all taxi and private hire drivers have been selfemployed for decades, long before our app existed. The main reason why drivers use Uber is because they value the freedom to choose if, when and where they drive and so we intend to appeal." He said that the tribunal’s decision relied on an assertion that drivers were required to take 80% of trips sent to them when logged into the app, but, he said, "as drivers who use Uber know, this has never been the case in the UK". Elvidge also said a number of changes had been made to the app over the last year, and that Uber had "invested in things like access to illness and injury cover". With Uber planning to appeal this ruling, the UK story for the taxi-hailing app is far from over.

Delivery couriers, Uber drivers and TaskRabbits – people offering immediate help with everyday tasks, including cleaning, moving, delivery and handyman work, on mobile/online app, TaskRabbit – are all part of the ‘gig economy’, which gets its name from each piece of work being similar to an individual 'gig'. It is associated with app-based platforms that offer services in bits and pieces — making deliveries, driving passengers or cleaning homes – but not all gig economy roles are based around a technology platform. Gig economy workers can also work for more traditional companies, which have changed how their staffing system operates. Delivery drivers for Hermes, for example, also work on a piece-by-piece delivery basis, though their employer is not the tech start-up often associated with this type of work. It is hard to say accurately how many people work in the gig economy. According to a parliamentary report, 15% of UK workers are self-employed — some five million people. But not all will be in what is widely considered to be the gig economy, as this also covers traditional freelance roles and contractors. The Chartered Institute for Professional Development estimates that there are

1.3 million Britons employed in the gig economy, while the TUC says that a tenth of British workers are in "precarious work". The companies of the gig economy say they offer the flexibility to work whenever you like. Critics — including many of those working for these companies — argue that not only do workers lack protection and fair pay, but the roles aren't as flexible as they seem, as workers are incentivised or pressured to work when the companies need them. On top of that, workers aren't paid benefits such as holiday or sick pay, and reports suggest some aren't making minimum wage. A recent one published by MP Frank Field suggests some gig economy workers earn less than £2.50 an hour. That's legally possible because gig workers aren't treated as employees but contractors — though a court ruling against Uber disagreed with that claim last year. This ruling could be set to change the gig economy forever, and has led Uber to invest in things normally reserved for staff members – such as access to illness and injury cover – in a bid to appease those seeking greater worker's rights while retaining that coveted self employed status for its drivers.

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Issue 12

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the Principle

Past, present & future WORDS Becky Kells GRAPHICS Freepik

The career of a lawyer is closely tethered to the changing events of the world. This goes some way to explaining why law looks different now to how it did 50, 20, and as little as five years ago. We took a look at the evolution of the profession – and here we take you through the past, present and future of getting into law.

Then “To apply for a training contract, I went to the library in Leicester where I lived, copied the names and addresses of solicitor firms in the county and wrote to them speculatively with my CV. I followed up the CV with a telephone call.” The route into law for Scott Bowley, who is now a partner at Porter Dodson, looks very different to the standard practice of today’s prospective trainees. An application that takes place literally on paper, without the structure of an online form or submission website, would be your means of getting into law if you were graduating 20 years ago. There have always been very specific requirements for anyone trying to become a lawyer: figuring out the difference between a barrister and a solicitor – as well as understanding the nuanced routes into either profession – are not new requirements for aspiring lawyers. But in the 1980s and 1990s, there were few resources on offer. The law sector lacked a standardised overview of what prospective applicants should expect – and even what they should do. “In 1989 when I started my A-levels I didn’t have the information ‘upfront’ to proactively plot my route into law,” Scott recalls. “There was no internet and there was no careers officer at my school. My working-class parents were not in a position to advise me. Consequently, getting into law for me was one step at a time with no real forward planning”. While law itself was not too different in terms of what is required today – the training contract did exist, and all trainees were required to complete the LPC – it was difficult to piece these steps together. This problem could be heightened if you did not attend a school that encouraged a university education, or if you did not have a family member or mentor working in law. Without online resources and careers advisers, students might have found

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themselves in a ‘stepping stone’ situation – figuring out the next step in their career only after completing the step before, rather than understanding how each step works and being able to plan ahead. Scott’s experience was similar to this: “I knew I wanted to be a lawyer and according to the careers book at school I needed a university education so I applied to university. During university, I became aware that I needed to do the LPC and it wasn’t until I was actually on the LPC that I realised I needed to be applying for training contracts. It was at that point I became aware I should gain some work experience to add to my CV.” While the endpoint is the same, the stress of being unable to connect the dots and effectively plan out a career before embarking on it made law a lot more hostile than it is today. The lack of information – and even the lack of awareness of where to find it – closed off law entirely to a lot of people. However, some recognisable names were around in print – such as the Lawyer and the Law Society Gazette – and it was common to find training contract advertisements in these print publications. Scott secured a training contract in Leicestershire after completing the LPC, and also got a four-week work experience placement in the summer holiday, by telephoning various firms. This model sounds similar to the vacation scheme and training contract route that aspiring lawyers today will have come to view as the norm. But it seems the route into law 20 years ago involved much more trial and error, with the career path itself appearing quite murky. It was up to the student to highlight themselves as a prospective trainee, via speculative applications. The most noticeable difference between then and now is perhaps the absence of the internet – for all the benefits and drawbacks it brings to law.

Now This year, AllAboutLaw.co.uk’s research revealed that 80% of students prefer to get careers advice online as opposed to in print. This indicates that, for a lot of people, a career in law starts online – and indeed the internet can answer a lot of questions. Websites have proven instrumental in turning LLB students into aspiring solicitors or aspiring barristers. Not only are careers easier to map out and standardise due to the internet, applications for vacation schemes and training contracts are also submitted online. So, once you’ve figured out

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what you’re doing, you can go on to set the wheels in motion, from the comfort of your sofa – no poring over library books for you! The internet has changed the world on a global scale, so it’s only natural that law careers would be carried along with this. While it’s also changed the way firms operate internally and also the sort of cases they get involved with externally, the first step to becoming a lawyer has been revolutionised with the expansion of the online world. “I’d quite honestly never heard of a training contract before I did a bit of online research,” says Greg, a first-year LLB student. “There’s a lot of discussion about it among people on the course, and of course information trickles down from the law society, but the stuff online really does help you to create your own overview.” With the entire application and research process for training contracts going online, it has become much more competitive. With the number of training contract places stagnated at about 5,000 per year, increasing numbers of LLB graduates are finding it hard to carve out a path in the industry first time around. The internet has undoubtedly been a contributing factor in this – vacation scheme and training contract places are all in the same place and readily available, making applying easier, and meaning students are facing greater odds. For students seeking training contracts 20 years ago, a lot of the skills needed to become a lawyer would have been deomstrated merely by applying for a position. Identifying and pursuing firms would have required research skills as well as innovation. Applicants' communication skills would also have to be effective in a pre-internet environment: they would have to use their initiative and figure out the best way to address law firms on the phone or via a CV. Now, it is these kinds of skills that need to be demonstrated on the application form, as persuading a firm to consider your application among the many they receive becomes the hurdle. Firms are in some ways more accessible – through standardised online applications – but it’s become much harder to stand out from other applicants. Students will now encounter reasoning and logic tests and perhaps a phone interview before they even enter the firm. Interviews, too, are much more standardised – many firms now run assessment days, so they can observe and identify a variety of skills within applicants. Firms’ methods of recruiting applicants are also very different to 20 years ago. With many of the top law firms having dedicated graduate recruitment departments, it’s no longer a case of

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students seeking out an elusive job opportunity – firms are keen to promote what they offer in terms of vacation schemes and training contracts. Interview processes have also been tailored and regulated to promote diversity. With the internet bringing in applicants from a wider range of backgrounds, genders and sexual orientations, it’s up to law firms to ensure that their programmes offer such individuals the best route into law. This means a lot of firms now interview 'blind' – eliminating any bias that could come with knowing the individual’s name and details before the interview – and interviewers undergo bias elimination training. While law is undoubtedly more competitive now than it used to be, it is also becoming more focused on being open and accessible to the widest variety of people as possible. The availability of information online, together with standardised and reformed application processes, has made law all the more attainable a career for many.

Future There are some elements to law careers that we know will definitely change in the future. The Solicitors Regulation Authority announced that the LPC and GDL will be replaced with a superexam; the SQE. It is hoped that the SQE will allow law to continue on its diverse trajectory: among other things, it will allow trainees to qualify by alternative means to a training contract. Law has always attracted and benefitted from a diverse range of people, with many lawyers pursuing a different career first. This will make the process of conversion much easier and more open to different applicants, hopefully cultivating a more representative legal sector. Another thing to consider for the future of law is the rise in artificial intelligence (AI). Many firms are now investing in AI, allocating a proportion of their tech budget to automated products. This could change the role of trainees, affording them greater responsibility as AI carries out mundane tasks. AI and automation could also become the external focus of law firms, as lawyers of the future work on the new legal regulations required

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by technological advances. The prominence of AI could also lead to a change in what is expected of applicants. Research undertaken by CEMS revealed that the majority of multinational employees believed that social skills or the ability to manage people were the most desirable skills in the corporate workplace. The overwhelming majority of these respondents also believed that technological advancement will be positive or very positive for businesses Roland Siegers, Executive Director of CEMS, said: “Technology will certainly mean that the human touch will be more important than ever in the workplace over the next few years. In terms of leadership, traditional ways of thinking about management – where technically qualified people are eventually promoted to management – are likely to become be a thing of the past.” Huge, international brands are another new reality that could change the way lawyers operate, as they require legal staff. While in-house opportunities in these businesses are nowhere near the number of training contracts at full-service firms, they’re becoming more available. In the future more lawyers could be devoting their expertise to a specific company, working with a variety of other professionals. So, what has been the main catalyst for all this change? Law has always served society, and when society changes, so must law. The biggest recent change in society has been the expansion of technology and the internet; in turn this has influenced everything from how people become lawyers to the kind of work they end up doing. So long as technology continues to prevail in society, technology will influence law.

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“Technology will certainly mean that the human touch will be more important than ever in the workplace over the next few years.” 21

the Principle

How’s your commercial awareness looking?

CONTRIBUTED BY

WORDS Becky Kells & Andrew Worley GRAPHICS Freepik

The clients of top law firms are some of the biggest names in business – and the key to practicing law effectively is to understand your client. This is why commercial awareness is so vital: as you progress through your law career, it will fuel your interactions and decisions as you work with big clients. Commercial awareness isn’t something that can be acquired overnight: you’re going to have to make a long-term commitment to understanding the business network that exists in parallel to law. It may sound daunting, but never fear. Andrew Worley – a partner and the Training Principal at Ashfords – is on hand to explain commercial awareness in the context of a top law firm.

Trainees will be encouraged to volunteer ways in which they think we can improve processes or the advice we give. From an early stage they will have to start thinking about the wider picture of transactions and how the work they do fits into what the client is trying to achieve. Understanding this will add value to the work we do, which in turn makes for happy clients and repeat work.

Why is commercial awareness important for a career in law?

What routes should students looking to build their commercial awareness go down?

Understanding your client's business is just as important as the accuracy of the legal advice you give. Understanding the business world and the particular environment in which your client operates will help you to contextualise the instructions you've been given and provide pragmatic, relevant advice which your client can directly apply to their business.

Any job outside of their studies is useful and relevant, particularly those in an office environment. The skills students pick up and develop in employment situations can be directly transferred to the demands and rigours of life in a law firm. Never discount a job opportunity because you're not sure it will be relevant to a training contract application. Outside of work, reading the business sections of any news publication will also help.

During a vacation scheme or training contract with Ashfords, how do students gain commercial awareness from the firm?

What skills does having good commercial awareness boost?

At Ashfords we give our vacation scheme students and trainees the chance to get their hands on real work from an early stage. We believe this early exposure to work and the levels of responsibility which come with it will prove invaluable when it comes to qualification and beyond. Giving our students and trainees client contact early on will help them understand the drives and pressures our clients face and how the advice we give can assist them in real terms.

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And how will they use their commercial awareness in their work?

Having good commercial awareness will assist your analytical and critical evaluation skills. Understanding what the key points are for a client will help to narrow down issues and focus on what is really relevant. This in turn improves efficiency and adds value. Your communication skills - be they oral or written - will also be bolstered by strong commercial awareness. When providing advice, those with a good understanding of their clients' needs will be able to communicate far more effectively with them. Being able to "speak their language" is key to a successful solicitor-client relationship.

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Issue 12

Tips: building commercial awareness

Download some news apps

Work experience

In case you’ve not noticed already, the world of business is constantly changing. News apps are a great way to keep up with developments as they happen, as well as gain an understanding of how quickly things change in the business world.

Nothing can compare to getting involved in a business, however small you might think it is. This will give you vital understanding of how profit, loss, and cash flow work. You’ll also witness and take part in the thought processes that go into making business decisions.

In-depth analysis

Integrate awareness with your social media feeds

Publications like the Financial Times and the Economist provide quality analysis of the business and financial worlds, and often look at things from a long-term perspective, reflecting on the cumulative effects of events. You’ll also find indepth analysis in these very pages, so keep hold of this copy of the Principle for future reference!

WORDS Becky Kells GRAPHICS Freepik

Sign up for email updates You can specify the section of a national newspaper you want updates from – business, finance and law should be your go-to – and the newspaper will email you a condensed, digestible update of what’s going on in the commercial world.

It’s worth following some of the big business news outlets – as well as the big companies that interest you – on Facebook and Twitter. So next time you’re scrolling through your feeds, and a business article or post pops up, your procrastination session will be given a productive boost! Tie it all back in with law You must also identify how commercial activity fits in with law, which will get easier as you build awareness of business. Your academic knowledge and commercial awareness will start to work together, as you apply the former to realworld examples.

Ashfords trainee recruitment 2017 Training Contract and Summer Scheme applications are now open Deadline: 30 April 2018 For more information please visit ashfords.co.uk/careers/training

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the Principle

Finance’s tech update: Hogan Lovells on the impact of Fintech CONTRIBUTED BY

Jon Chertkow is regarded as “a consumer finance and payments specialist and acts for a range of clients, including commercial and retail banks and Fintech businesses” (Chambers UK 2016). Jon works with banks, lenders, payment innovators and retailers to keep on top of regulatory change affecting the banking and payments industry. Using industry and regulatory knowledge built up over more than 12 years working in this sector, Jon helps clients launch new products, establish new operations, carry out compliance audits of their existing business and engage with regulators and customers. Jon also brings his regulatory and industry knowledge to assist clients in entering into strategic outsourcing agreements and M&A activity, including loan portfolio acquisitions and disposals, Part VII banking transfers and card co-branding arrangements.

WORDS Becky Kells & Andrew Worley GRAPHICS Freepik

Jon Chertkow, a Financial Services partner at Hogan Lovells as well as one of the firm's Graduate Recruitment partners, talks to us about how the emergence of new technologies is affecting finance – and how law has expanded to address this exciting new change.

As the world has changed, so have its issues – and that means new areas of law have emerged. At Hogan Lovells, what new areas of practice have developed alongside the traditional areas of law? With developments in the legal sector and beyond moving at a faster rate than we have ever seen before, we have made great strides in staying ahead of the curve and leading the way in developing a number of new practices to help us stay ahead of the latest issues our clients are facing, such as financial technology (Fintech), drones, cyber risk, global supply chains, data privacy, connected cars and digital health. The way we access banking and payments is undergoing massive changes, driven by the rise of Fintech. It, in turn, is becoming so big that the term "Fintech" is no longer enough – instead we see the spawning of "RegTech", "PayTech", "InsurTech" and others to describe the changes that are coming. Much of this change is being driven by: New Technologies: increased uptake of mobile and contactless; the emergence of blockchain and distributed ledger technology. New entrants: the flood of Fintech start-ups, but also moves into this space by the established, global tech companies. Customer behaviours: customers no longer want to use bank branches; instead they want convenience and speed in their dealings with banks. But what is the role of legislation in innovation? Should it

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wait for innovation and then seek to regulate it? Or should it preempt and even try to enable innovation? Can legislation really drive innovation? These questions are all relevant to changes that will come into force in early 2018 and which are seeking to enable Fintech innovators to make greater inroads into traditional banking territory. Do you find that these newer areas of law have a more global focus rather than being solely UK based? It is a real mixture. There are obviously a lot of UK-based Fintech companies focussing initially on the UK market but as they grow they often have international ambitions and we are able to help them with that growth. Equally the UK financial services market is very attractive to overseas investors and we work for clients from all over the world looking to set up in the UK. In the payments space in particular, in which I operate, a huge proportion of the businesses have cross border services that they offer to customers and that require analysis of the law in all jurisdictions in which they operate. Then there are new technologies like Blockchain which are global in nature so raise complex jurisdictional questions that we need to work through with clients. What are the advantages of working within an entirely new area of law? It is a lot of fun! You are learning about new technologies and working with incredibly clever people at the forefront of that technology, while trying to work out how existing laws apply to these new fields. It is challenging but very interesting and fulfilling.

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How do you think that the law sector will evolve in the future? What sorts of areas do you think could get introduced, or expand, as time goes on? The world is going through a huge period of technological change and wherever new technology arises, there will be legal issues arising from it, whether that is the licensing of drone technology and automated cars or changes to the way we work in the gig economy. The areas of law may not themselves change that much - there will always be a need for commercial contracts, M&A, finance, litigation etc - but the sub-sectors or specialisms within those areas will constantly evolve as new technologies change the way we live. What opportunities are there for vacation scheme and training contract students to get involved with new areas of law such as Fintech? Clients in new areas of law, and particularly Fintech clients, often need legal advice across a number of the firm's practice areas. For example, a Fintech company might require help from our corporate and commercial team, our financial regulation team, our intellectual property team or even in areas such as product liability and insurance. There are therefore a large number of opportunities for lawyers around the firm. Trainees and vacation scheme students are encouraged to express their interest in getting involved in areas like Fintech which particularly interest them and are regularly involved in the work we take part in within the Fintech space. The firm also has a Tech Hub dedicated to Fintech and other disruptive technologies which takes on a trainee, providing further opportunities for trainees to be at the heart of the firm's innovative practice areas.

Issue 12

Undergraduate and graduate careers in law

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the Principle

What’s the deal with the SQE?

The Solicitors Qualifying Examination is making waves in the legal education world, as the SRA prepares the new method of qualification for implementation. But with a lengthy transition period confirmed, it’s nothing to get stressed about. Nicola Stanley, head of graduate recruitment at Irwin Mitchell, explains how things will change when the SQE is in practice, and what these changes will mean for the legal sector.

CONTRIBUTED BY WORDS Becky Kells & Nicola Stanley GRAPHICS Freepik

The SQE will mean that people can qualify via different ‘equivalent’ means to the training contract, using work experience. What kind of work experience do you expect people will use to qualify? A number of our trainee solicitors join the firm with extensive experience through their paralegal roles. For that reason, at Irwin Mitchell, we support a number of Time To Count applications which enables trainees to qualify six months earlier, and the new SQE approach will support this further. For those students who were able to gain solid legal experience during their degree on a sandwich placement, this experience is likely to be considered. As with most firms, we will consider all the experience gained by candidates and ensure that the training is suited to their needs. Whilst vacation placement dates can be tallied up, we would want to ensure each individual has all the right qualities to pass the examinations and be ‘solicitor’ ready. Do you think this will diversify future cohorts of solicitors? The SRA has brought in these changes to help diversify the future cohorts of solicitors. As a firm that is focused on recruiting trainees from all backgrounds, this can only be a positive step and we look forward to seeing an increase in diversity in the legal industry. How will Irwin Mitchell navigate the lengthy transition period, in which people qualifying via the new SQE will be applying for positions alongside people qualifying by the traditional route? A number of our partners and HR professionals are working towards the transition period. As a full-service law firm, and a firm that supports a number of individuals through different routes already, for example, CILEx, equivalent means and apprenticeship, it is likely that we will continue to support both routes for a few years. We understand that this process has to work not only

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for our business but also for those students that have already studied the LPC. We work closely with the University of Law and will continue to do so to ensure that we have the new and old aligned. To students who are daunted by this new process, our message is clear: talk to us, and ask questions about which route works best for them in the initial few years of transition. A number of our trainee solicitors started their careers as internal paralegals and we will ensure that the correct route is supported, as we value career development at all levels. What benefits will the new SQE bring to students? The advantages to students will be providing an opportunity to qualify as a solicitor using previous experience gained, and also enable them to have a solid foundation in which they can develop their skills through the SQE1 and 2. The firm will continue to focus on personalising trainee solicitor career development and ensuring they have the right skills to become a qualified solicitor through a supported and structured programme. And what benefits will the SQE bring to law firms? The SQE enables us to look at the training contract model and adapt it to our different departments and streams. Many departments will continue with the model of trainees rotating around the business to gain experience within different teams. There are many advantages of this process to both trainees and the firm such as the ability to learn from different lawyers and understand the other parts of the business. However, some departments will be able to qualify trainees through their own team. Client service is crucial in all areas, and we have, for many years, already introduced year- long qualification seat within our PLS stream which enables trainees to hit the ground running and really focus on one area of law. By removing the need to cover three distinct areas of law, the SQE provides us with an opportunity to take that one step further.

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Issue 12

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the Principle

From application to aftermath: the three stages of a vacation scheme

For some students, the vacation scheme interview could be their first time inside a law firm. What advice would you give if this is the case?

CONTRIBUTED BY

WORDS Becky Kells & Toby Horner GRAPHICS Freepik

Vacation scheme application season is in full swing, so if you’ve not done so already, now is the time to start planning. We asked Toby Horner – Graduate Recruitment Specialist at Clifford Chance – to map out what you can expect from each stage of the vacation scheme process.

Application Your vacation scheme programme won the Best Opportunity for Skills and Development prize at our AllAboutLaw Awards 2017. What skills should students emphasise in their vacation scheme applications? We’re a global law firm with teams all over the world, so the vast majority of deals will involve international exposure. With this in mind, communication is fundamentally important. As a firm, we don’t like to think that there’s a tangible “product” that we’re selling, but rather our product is the legal and business advice provided by our people. So individuals need to be able to build rapport with clients, and be compelling and convincing. A well-structured application will demonstrate this. Key elements of an application will focus on leadership responsibilities, extra-curricular activities, or work experience, and the ability to network. Having said that, two people can have very similar grades and work experience, but a successful candidate will actually be able to make their experiences come alive, drawing from transferrable skills and applying them to a career in law. How has the vacation scheme application process changed? Our graduate partner committee recently reviewed our application process; we’ve amended it to make it easier

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Interview My first tip would be to try and see the firm prior to your interview, in some way shape or form. People tend to feel a bit more relaxed if they’ve met us on campus, or visited the firm in an open day. Ahead of the interview I think people tend to create a picture of the experience in their head – this can often be inaccurate, so people end up worrying unnecessarily about a process that could in fact be constructive and positive. Meeting us beforehand is a good way to alleviate any initial worries about what the office or people are going to be like. The second thing – which is really important – is for individuals to just be themselves. It’s easy to put on a selfpresentation of what you think the firm is looking for: that is dangerous, because working in law will most likely be a long career, and it will be difficult to keep up any initial pretences. At Clifford Chance, there is no single type of trainee or vacation scheme student. Candidates who try and fit into what they think that we are looking for will do themselves, and the firm, a disservice. What is the interview process like for the Clifford Chance vacation scheme?

for us to identify what we’re looking for, as well as to make it easier for applicants. In previous years, we’ve had questions on topics such as “why law?” and “why law at Clifford Chance?”. The new application form contains one 600-word, openended question, asking applicants to write about their significant achievements and extra-curricular activities, with the aim of focusing more on the individual. It’s still important for applicants to show us their interest in Clifford Chance, and their commercial awareness, but this now comes in at the assessment stage rather than in the initial application. But the first part of the process should be about the individual – it’s where we begin to spot potential in people.

The process consists of two 45-minute interviews, one with a senior associate, and one with either one or two partners. One interview will be a case study interview, the other will be competency based. Across the four assessment days there are around 120 interviewers involved – including senior partners - with the same interviewers working on any given day. This allows for informed and in-depth conversations at the end of each assessment day, so that interviewers can decide who they will make offers to. Our assessment process is also CV blind, so can take the interview in whichever direction they feel, and present themselves in a way that’s authentic to them. There’s no prejudgement about which university they attend or what degree they’re doing. All of our interviewers also go through unconscious bias training, to make the interview process fair and open.

How do you envision application processes changing as time goes on?

It’s encouraging that partners are involved – is it a way of choosing their future colleagues?

I guess one of the biggest changes will be around technology, and there’s currently a huge focus on how artificial intelligence will be integrated from a business perspective. The role of a trainee may change over the next five to 10 years, which means we may place more emphasis on how dynamic and agile applicants are. We do get asked directly: “are you going to recruit less trainees because everything is being automated?”. The answer to that is no. But the role of a trainee might change – there may be more responsibility, as more mundane jobs are automated.

Yes – the partners own the firm, so they have a vested interest in who we bring in. But at the same time, they don’t need to do that - their interest comes from genuine enthusiasm to meet and review potential vacation scheme students. There’s a huge amount of trust between the recruitment team and the graduate partner committee, to make sure that we’re bringing the right people to assessment days. Graduate recruitment touches on a large number of departments within the firm, at all levels of seniority. It’s never a disjointed operation. If anything, graduate recruitment almost sits in the middle, and we draw in people from all over the firm.

AllAboutLaw.co.uk

Issue 12

Experience When students approach the end of their vacation scheme, what are the noticeable skills that they develop? Most notably, insight into how a firm works. At Clifford Chance, this is not a manufactured process, as vacation scheme students will partake in real work being carried out by the firm at that time. There’s no separation – you’ll be sitting in on client calls and drafting emails for clients. It’s a real-life insight into the world of Clifford Chance, and an exposure to the client and their needs. You can’t really get that from a website or from your own reading – it comes from being in the thick of it. Vacation schemers learn how to navigate the professional environment, gaining the confidence to knock on people’s doors and see if they need any help, for example. This insight into how a firm works in turn boosts confidence and communication skills. Ultimately though, one of the most important things a vacation scheme student can learn is whether Clifford Chance – and indeed commercial law – is right for them. It might be that an individual is intelligent enough to be a lawyer, but doesn’t necessarily feel that they click with it upon experiencing it. Or it may be that they become aware of the type of law that interests them most. It’s a case of opening doors, but also closing doors at the same time – and that’s not necessarily a bad thing.

What is in place at Clifford Chance to integrate vacation scheme students with the wider office? We make it known to everybody at the start of the vacation scheme that there’s a potential training contract for every person – it’s not a Hunger Games style situation, where they have to bump each other off during the two weeks! They can enjoy their time on the vacation scheme and make the most of it. There will be networking breakfasts and lunches which are attended by representatives from various practice areas. This is a great chance to see the scope of Clifford Chance, as well as to speak with various internal networks, such as the LGBTQ and BAME networks. This year, vacation scheme students will be spending an evening and a day over in Amsterdam, where they’ll experience our award-winning internal training provider, The Academy. There are also a number of internal and external social events. Rather than socials just being alcohol-focused, these are a good chance to identify with the people who are working at Clifford Chance already, and figure out if they can see themselves working there too. We get a lot of vacation scheme students saying: “It’s so normal! It’s not what I thought it would be like.” Work-life balance is something people worry about a lot, so to hear about the hobbies and interests of trainees is very reassuring. That reflects a wider purpose of the vacation scheme – reassuring people that they can fit in. Whatever the preconceptions people have of Clifford Chance, the variety of people that we put in place allows vacation schemers to see how the firm encourages them to be themselves.

Guardian 300 UK Advert_iStock-98328391_PRN.pdf

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20/09/17

WHERE BRIGHT MINDS MEET

At Clifford Chance, one of the world’s pre-eminent law firms, we offer expert advice to clients on all aspects of commercial law. With thousands of lawyers working from dozens of offices in over 20 countries, our reputation in the field is formidable. As a trainee your four seat rotations will include time spent in our core areas of Finance, Corporate and Capital Markets, plus one other in either Litigation & Dispute Resolution, Real Estate or Tax, Pensions & Employment. As well as our prestigious Training Contract, there are many ways for you to experience what life is like at Clifford Chance – from our Open Days to Vacation Schemes including Springboard, the bespoke programme for first-year students. Whether you’re a Law or non-Law student, we have opportunities for everyone. To find out more, visit careers.cliffordchance.com/ukgrads @CCGradsUK facebook.com/CliffordChanceGrads careers.cliffordchance.com/ukgrads

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8

the Principle

A lot to look forward to: what I learnt from my vacation scheme CONTRIBUTED BY

WORDS Jessica Cragg, University College London, LLB Law GRAPHICS Freepik

One of the best perspectives on a vacation scheme will be from someone who has done it all before. That's why we spoke to Jessica Cragg, former vacation scheme student at Travers Smith, to find out the benefits of landing a lucrative law internship.

How did you become aware of the vacation scheme at Travers Smith? Why did you choose to apply to this firm in particular? I met one of our Corporate Finance partners at an event organised by the Bright Network and liked what I heard about the firm. A vacation scheme was one of the ways the partner suggested I could find out more. The partner's approachability and genuine enthusiasm stuck with me, and gave me the confidence to apply. What was the application process like? Incredibly straightforward. You apply online by uploading your CV and a covering letter. If you are selected for interview for a vacation scheme you only need to attend one interview with a partner that typically lasts between 30 minutes to an hour. How was the vacation scheme structured at Travers Smith (e.g. work experience, skills training, presentations, etc)? We run one winter scheme and three summer schemes each year. All schemes follow a packed two-week timetable where you will

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predominately be based in two departments for one week each. You will have the chance to undertake a range of tasks that will enable you to see what we do (and why we do it!). There are also seminars, workshops and social events including softball in Regent's Park – or an invite to our Christmas party during our winter scheme. Describe how it was to work with senior colleagues and with other vacation scheme students. I didn't have any office experience before my scheme, and so naturally was very nervous. However I found everyone at Travers Smith to be extremely welcoming and happy to answer all of my questions. I also really enjoyed getting to know the other vacation schemers – I still have friends from my scheme. What do you believe to be the benefits of doing a vacation scheme with Travers Smith (eg is there a training contract application fast track)? The scheme offers you a real insight into life at Travers Smith. Although City law firms often do similar work, the way in which they do it can vary massively. Spending a couple of weeks at

AllAboutLaw.co.uk

Travers Smith gives you an opportunity to experience first-hand how we operate. What was your most memorable (or valuable) experience from your vacation scheme at the firm? The most valuable experience to me was the confirmation that I wanted to do commercial law, and knowing that I was going to be happy at Travers Smith. It can be difficult to know exactly what you want to do whilst you are still (or have just finished) studying, and the scheme gave me a lot to look forward to. What piece of advice would you give to any aspiring solicitors interested in opportunities at Travers Smith? My best advice would be to meet us. It is the people that really make Travers Smith, so attend a presentation or a networking event to find out why we all would rather be at Travers Smith than anywhere else. Understanding what makes us unique will help you articulate in your application why Travers Smith appeals to you as a person.

Issue 12

Six top tips for vacation schemes

In all likelihood, the firm will be assessing you from the moment you enter the office on the first day right through to the after-hours social events. The tips we're about to give you might seem like common sense, but you’d be surprised by just how many students make the most basic mistakes during their vacation scheme... 1. DO research the firm If you've somehow made it through your vacation scheme application without having researched the firm, you've been very lucky. Don't rely on this luck when the training contract actually starts - if you turn up on your first day not knowing what the key departments are, or with a shaky knowledge of key values, someone WILL notice. Being clued up about the firm you’re at will allow you to ask in-depth questions, which will show your enthusiasm and initiative. It may also end up being a massive asset to you - if you know how the firm works and you've got an idea of their values, you'll be able to get on with work and be super impressive.

WORDS Becky Kells GRAPHICS Freepik

A vacation scheme is your opportunity to impress; many law firms recruit their trainees from their vacation scheme intake, so it’s vital you perform well and make a good impression.

2. DON’T sit on the bench We get it - first days are daunting, especially when everyone else is running around seeming to know everything. But once you get over the

initial trauma of not knowing where the toilets are, it's time to come out of your shell. Get into the habit of trying to be helpful, and make the effort to get involved. Students who are reluctant to help out trainees and associates or lack enthusiasm are unlikely to be taken on. 3. DO be confident, but not overconfident Remember - you've arrived at the firm as one step of many in qualifying as a lawyer - you're not qualified yet! Firms will want to see that you can hold your own, but they do not want to be confronted with students who think they know it all already. Confidence is important, but you should show a willingness to learn alongside it. One important skill to develop is knowing when to talk and when to listen. 4. DON’T act inappropriately

you may find love, you probably won’t find yourself with a training contract at the end of your placement. 5. DO keep it professional Professionalism always comes first. Keep composed, polite and respectful at all times. Even as you become more comfortable and start to remember names and faces, make sure you're still rocking that professionalism that got you onto the vacation scheme in the first place! 6. DON’T forget to enjoy yourself Interact with your colleagues, get stuck in and try to squeeze as much out of the placement as you can. You want to demonstrate how confident and comfortable you are within the law firm’s working environment, so that they can picture you as an integral member of the team in the future.

Using the placement as an opportunity to scout out the local talent, or drinking too much, will not impress a future employer; this is not the sort of sociability firms want to see. We have heard countless horror stories of people trying it on with the HR Graduate Recruitment Managers, other vacation schemers, and even trainees and associates. Although it is possible

Distinctive People. Distinctive Thinking. At Travers Smith, our distinctive approach sets us apart. Our future depends on us giving you the support you need to think for yourself. Our experience is there to support you in learning and developing. Our aim is to help you flourish and let your talent shine. And we’ve worked hard to create an environment that makes all this possible. Find out more at www.traverssmith.com/careers/graduate-recruitment or email Germaine VanGeyzel, our Graduate Recruitment Manager at [email protected]

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Diversifying the future Increasing diversity is a common goal that spans the legal sector. Firms large and small are working hard to make themselves accessible to anyone who wants to enter the profession, and in turn make the profession more representative of the community it serves. We spoke to Emma Maksimovic, Engagement & Inclusion Manager at RPC, to see what the firm is doing to promote diversity.

"The diversity initiative gave me confidence to apply to RPC; I hadn't thought that a training contract at the firm was within my reach. Whilst the scheme gave me a 'foot in the door' in terms of getting to interview, I still had to work hard and prove myself to secure a place on the vacation scheme and then a training contract, so I don't feel any less worthy of my place here. Aside from the clear benefit to me personally, the existence of the scheme shows a real commitment to diversity in the workforce which makes RPC a great place to train." Katie Fry-Paul | Trainee Solicitor - RPC

CONTRIBUTED BY WORDS Becky Kells & Emma Maksimovic GRAPHICS Freepik

The lack of diversity within the law sector has often been put under the microscope. As the Engagement & Inclusion Manager at RPC, what improvements have you seen in diversifying the legal sector in recent years? While there is still some way to go, a number of law firms have recently taken steps to ensure that they are opening their doors to a diverse pool of talent through a number of avenues, including launching their own schemes, like PRIME and using a third party, like Rare. Both of these efforts are attempting to ensure that the talent that comes into the sector is representative of society, from race to socio-economic backgrounds to sexual orientation. And what do you think still needs to happen? Law firms are heading in the right direction, but there are no quick wins. The question is: are we reaching out to the right people in the right way? Many students coming through the school system in some of the most deprived areas really lack the confidence to pursue a career in law. Law firms could be doing so much more to help build up the skills and the belief within the students that they can pursue a career in law. That can take many forms from establishing mentoring schemes within secondary schools to hosting open days where students can come in and see what happens within a law firm. At RPC, what support or opportunities are currently in place to promote and increase diversity? To ensure our recruitment is based on merit and not unconscious

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bias, we have adopted Rare's Contextual Recruitment System which factors social mobility metrics into our graduate recruitment process, allowing us to identify the very best candidates regardless of their socio-economic background. We have adopted a "blind" recruitment approach for graduates; none of our assessors on our trainee recruitment assessment days have sight of the candidate's application form. Along with unconscious bias training, this concerted effort to ensure consistency and fairness in our recruitment processes is paramount to our talent acquisition approach. Three of our employees are professional ambassadors for Aspiring Solicitors. We are appearing in the Aspiring Solicitors directory for the first time this year to ensure a diverse range of candidates engage with our brand and opportunities. Aimed at invigorating the recruitment process for many companies to ensure they are getting to the right people no matter what their background is, the Good Recruitment Campaign is something that we live by. In fact, we are the only law firm to sit on the advisory board, and we played an integral role in developing the Charter and campaign. We are also involved in a number of diversity events and activities aimed at encouraging access to the firm – and the legal profession in general – for those who may otherwise be dissuaded from law due to their circumstances or their impressions of the sector, including: City Law for Ethnic Minorities: Every year we are involved with this event in partnership with Target Jobs and three other City law firms. This event gives students from ethnic minority backgrounds the opportunity to engage with lawyers at all

AllAboutLaw.co.uk

levels, from trainee to partner, and provides an insight into the day-to-day work of a City solicitor. Through this event we also hope to be able to encourage a broader range of candidates to apply to RPC. The University of Law / RPC Legal Access Programme (law specific programme): This scheme promotes academic diversity. Each year we offer two summer scheme places for candidates who have failed to meet our academic criteria i.e. either did not achieve a 2.1 at degree or did not secure As and Bs at A-level, due to mitigating circumstances. All applicants have to achieve a high verbal reasoning score and perform well on the assessment centre. DiversCity in Law: a unique recruitment event aimed at raising awareness of pursuing a legal career in the City amongst lesbian, gay, bisexual and transgender (LGBT) students at degree and postgraduate level. RPC runs this event along with 10 other city law firms.

What are the benefits of having a diverse workforce? There are numerous benefits to employing a diverse group of employees. Research by a number of consultancies and accountancy firms already points towards a strong correlation between profit growth and a diverse workplace. And while it is important to keep an eye on business, it is just as important to ensure that we are representative of society, not in the least as everyone deserves a fair crack at a career in law, and we know that if you have a diverse workplace, people are generally happier, more collaborative and that can only mean that the top and bottom lines benefit.

Issue 12

Broad horizons: law firms take steps to promote inclusivity

University and name blind interviews

WORDS Becky Kells GRAPHICS Freepik

Law firms are leading the way when it comes to implementing diversity measures in their recruitment processes. Research by ISE shows that 93% of law firms took active measures to diversify in 2017, compared to the cross-industry average, 71%. But what exactly are these specific diversifying actions? If you're interested in or concerned about diversity, here are some recruitment techniques to keep an eye out for.

A lot of firms are adopting this 'blind' process in order to eliminate bias they may hold towards candidates. Some universities come with certain stereotypes and misconceptions, and law firms are increasingly realising that where you study does not define you as a person. As a result, they're completely taking the university element out of the question, to eliminate any judgement or preconceptions. Candidates will enter the interview with no details of their education having been shared beforehand, so they are in good stead to make their own impression. This also applies to the name. You wouldn't judge a book by its cover, and nor should you be tempted to judge a prospective lawyer by their name. Eliminating these two factors from the interview process returns them to the candidate's hands, and allows the interviewer and the interviewee to focus on what's important – your capacity to be a lawyer – rather than what your name is or where you studied. Outreach events Top law firms come with their own myths and stereotypes,

and many students from underrepresented backgrounds may feel that they will not fit into this hypothetical law firm. This makes outreach events all the more important. In making themselves more visible and approachable on campus, law firms can establish an easier route for students looking to apply for a training contract. A lot of worries can be dispelled just by speaking with a representative from the firm in a comfortable environment, such as on campus or in your law faculty or society. The whole idea of this type of outreach is to give prospective applicants a chance to ask questions. Not only that, it breaks down the exclusive myth that surrounds a lot of law firms, and makes them more visible and accessible to all. Contextualised recruitment According to ISE, one third of law firms used this in 2017 – so what is contextualised recruitment? In short, it means looking at the bigger picture. Rather than merely selecting the candidate with the best degree class, for example, recruiters might take a look at the background of a candidate, and establish what skills they have beyond the academic world. This can in turn lead to a diverse range of candidates, from a variety of academic backgrounds – meaning greater variety in the talent pool. It's great for the firm, and prevents recruiters from looking at a narrow scope of applicants.

OUR MANIFESTO

1.

RIP UP THE RULE BOOK

If you never go against the grain, always follow the welltrodden path and consistently take the safe option, you could find yourself sleepwalking into a predictable career with a traditional firm. If that’s how you see your future, we wish you every success. But please look away now. If you prefer the bold to the boring, however, and find the prospect of joining a different kind of law firm enticing, we’d love to talk to you. We want to break the mould, rewrite the rules and redefine the legal profession. Your mission could be to build the law firm of the future, today. And to define your career at the same time. Read the full manifesto and find out more at RPC.CO.UK/MANIFESTO

THE LAW CAREER FOR PIONEERS

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the Principle

From Aberdeen to Exeter, there are vacation schemes up for

Where can I do a vacation scheme?

grabs all over the UK. We’ve broken down the opportunities offered by the law firms we work with at AllAboutLaw so you can see exactly what’s on offer, and where.

WORDS Emma Finamore GRAPHICS Freepik

Aberdeen CMS Pinsent Masons

Edinburgh CMS DLA Piper DWF Pinsent Masons

Glasgow CMS DWF Pinsent Masons

Belfast Pinsent Masons

Liverpool DLA Piper DWF Hill Dickinson

Manchester Addleshaw Goddard BLM Law DLA Piper DWF Fieldfisher Hill Dickinson Mills & Reeve Pinsent Masons Squire Patton Boggs TLT Trowers & Hamlins

Leeds Addleshaw Goddard DLA Piper DWF Irwin Mitchell Pinsent Masons Squire Patton Boggs Womble Bond Dickinson

Nottingham Browne Jacobson

Sheffield DLA Piper Irwin Mitchell

Oxford Penningtons Manches

Milton Keynes Dentons Bristol Ashfords Burges Salmon CMS Foot Anstey Osborne Clarke Simmons & Simmons TLT Womble Bond Dickinson

Basingstoke/Reading Osborne Clarke Penningtons Manches Exeter Ashfords Foot Anstey Michelmores Trowers & Hamlins

Gatwick Irwin Mitchell

Guildford Penningtons Manches

Salisbury Wilsons

Plymouth Foot Anstey

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Newcastle DWF Womble Bond Dickinson

AllAboutLaw.co.uk

Birmingham Browne Jacobson DLA Piper DWF Gowling WLG Mills & Reeve Pinsent Masons Squire Patton Boggs Trowers & Hamlins

Norwich Mills & Reeve Cambridge Mills & Reeve Penningtons Manches Irwin Mitchell Newbury Irwin Mitchell

London Addleshaw Goddard BLP Bristows Clifford Chance Dechert DLA Piper Fieldfisher HFW Hill Dickinson Hogan Lovells O'Melveny Pinsent Masons Reed Smith RPC Shearman & Sterling Sidley Austin Travers Smith Weil White & Case

Southampton Womble Bond Dickinson

Issue 12

Expect great, get exceptional

We’re an award-winning law firm with a global reach and the world’s best legal practitioners. As one of them, you’ll have the opportunity to work on international deals in a close-knit team of professionals. We’re fast-paced here, so you can expect to be challenged from the start. However, hard work and performance never go unnoticed. If you bring us your creativity and intellectual drive, we’ll offer you an outstanding rewards package and extensive support – at every stage of your career. By choosing Weil you’ll receive the platform you need to reach your full potential. If you’re ready to join our world-class law firm, visit weil.com/ukrecruiting or call 020 7903 1042.

Vacation scheme placements

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First year opportunities

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Trainees

Expect the Exceptional

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GLOBAL OPPORTUNITIES SUPPORTIVE CULTURE EXCEPTIONAL WORK To be best placed at the beginning of your legal career, you need to be in the best place. Trainees help shape the Shearman & Sterling success story and play a pivotal role in the firm’s growth. And now it’s your turn to shine.

For the best start in your legal career, start here. Visit

ukgraduates.shearman.com

to discover more