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Ian Roberts

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Are we entering a new golden era for employment lawyers?

After a few years in the doldrums, are we on the cusp of a new golden age for employment lawyers? The answer is a resounding ‘yes’ if the latest employment tribunal figures are anything to go by. In the first of a series of blogs looking at different areas of law, we look at what to expect if you choose to qualify into employment law.

Statistics released recently by the Ministry of Justice show that employment tribunal claims have more than doubled since the abolition of tribunal fees in July.

This is great news for employment lawyers. The number of claims plummeted after fees were introduced in July 2013, with some estimates saying they were down by as much as 70%. The knock-on effect for employment lawyers has been stark. While tribunal work usually represents only part of an employment lawyer’s workload, the reduction in tribunal work has hit the sector hard. As a result, we have seen a dramatic fall in the demand for employment lawyers over the past few years.

That’s a shame as the impression we get from employment lawyers we’ve worked with is that it is one of the more rewarding areas in which to specialise.

We believe that the recent changes to tribunal fees, combined with the impact of Brexit will mean that employment departments will come increasingly to the fore in the years ahead.

If you are considering making your career in employment law, what can you expect?

1. Variety

Most employment lawyers act for both employees and employers. (This isn’t always the case but lawyers who sit on only one side of the fence tend to be the exception rather than the rule). As a result, there’s plenty of variety and you can expect your legal skills to be stretched in any number of ways.

In most practices this will include litigation, representing employers and employees. Apart from needing to be skilled in dispute work, employment lawyers will also get involved in drafting and negotiating contracts of employment and settlement agreements, preparing handbooks and policies, and helping out their commercial colleagues on acquisitions and disposals.

2. It’s fast-paced

The nature of the work means that you can never be entirely sure what your day holds when you step into the office in the morning. If a client wants advice about a dismissal or disciplinary matter, for example, you may have to drop everything and respond immediately. Much of the work is time-critical and an ability to respond promptly is a must.

3. It is people orientated

Employment law issues can get personal and strong people skills are essential. When acting for employees you will need to gain their trust quickly at what is often a very stressful time. You will have to be able to empathise with them and get to the bottom of their motivations. You will also need to be able to explain complicated legal points in a clear and concise way.

When you act for employers, you will most probably have plenty of contact with your clients as they are likely to require regular advice. You will need to be able to build relationships and get to know their business and how it operates.

4. It’s constantly changing

Employment law never stands still and there are always new laws and cases to keep on top of. The past few months has seen a host of decisions surrounding the gig economy, for example, as the law tries to keep pace with changing working practices.

Most successful employment lawyers love their specialist field and spend much of their time keeping up to date and blogging about the latest changes. In addition, every change of government brings with it a host of new laws relating to employment so it’s an area that never stands still.

5. You need to know the law, and be able to apply it. 

Knowing the law is important, of course, but so is being able to apply it. Much of your time will be spent giving real-world, commercial advice that clients can rely on. You’ll be expected to use your judgment and be practical. Employment lawyers can’t just hide behind what the law says, it’s the application of the law that matters. As part of this, you may be expected to go outside the strict parameters of employment law and have some idea about tax, pension, even immigration law, in order to give 360-degree advice.

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7 tips for nailing an interview as a junior solicitor

Not many people enjoy being interviewed. But if you are planning to move firms as an NQ or junior solicitor you’ll need to embrace the interview process. Competition for jobs at NQ to 2 PQE is fierce and giving the right impression at interview is obviously critical to your chances.

You could wing it of course, but we wouldn’t advise it. The team at NQSolicitors has placed hundreds of candidates over the years and listened to feedback on thousands of interviews. So, we reckon we have a pretty good idea of what does and doesn’t work during interviews.

Here are our seven top tips for giving a killer interview:

1. Don’t fall into the trap of thinking your CV is so stellar that the interview is a mere formality.

You may be rightly proud of your CV and your achievements to date but lots of people have impressive CVs. Your CV and academic record have simply got you through the door. Now it’s down to you. Your goal is to impress the interviewer in person, not on paper.

2. That’s not to say your CV is irrelevant.

Interviewers will look at it closely so be ready to talk about anything you mention, from your three months working in a Cambodian orphanage to your grade 8 in clarinet.

3. Don’t stress if your training hasn’t given you all the experience you think you need for the job.

At NQ stage, law firms are generally thinking much more about what you can do for them in the future rather than your experience to date. They are hiring your potential and know that experience varies dramatically between candidates who have trained in different environments. It’s possible that the six months you spent as a tiny cog in a huge debt restructuring deal at a magic circle firm is of no future practical use. But you will have gained valuable skills. Focus on these. These skills are more important in the long run and of far more interest to your potential new firm.

4. Do lots of research on the firm you are interviewing with and ask plenty of questions.

Employers love enthusiasm. You can even take a notebook into the interview with you, so that you can jot down interesting points. Remember, an interview is a two-way street. You need to decide if the firm is a fit for you as well as the other way round. As long as it doesn’t look like you’re interviewing them, the firm will respect you for trying to assess whether they’re right for you.

5. Be ready to answer the obvious questions

“Why are you moving?”, “What’s the most difficult task you carried out in your training contract and how did you handle it?”. Also be prepared to respond to the demand: “Tell us about yourself”. When replying to this and answering questions, the crucial thing is to be highly specific. Give concrete examples. Tell stories. Make sure the interviewer can picture what you are talking about. This will give you credibility and allow the interviewer to visualise you doing your job and how you go about things.

6. If you make a good first impression, in the vast majority of cases you will be asked to attend a second interview. The temptation at this stage may be to play it safe.

After all, they liked you enough to ask you back, surely more of the same is all that’s required? This is a mistake. Approach the second stage just as you did the first, and go all out to impress. You will most likely be meeting new people at the second stage, and with them you’ll be starting from scratch, so be prepared to wow them all over again.

7. Make an emotional investment.

I’ve lost count of the times I have broken it to a candidate that they haven’t got a job only to be told that they “weren’t sure about it anyway” or “didn’t really want it”. If you want the job, put your heart into it. “Faint heart never won fair lady” is as true in job hunting as it is in love. If you want the position, make sure the firm is in no doubt about it. They’re keen to employ people who are excited to work for them.

Last of all, good luck!

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What are the benefits of open plan offices for law firms and what does it say about their culture?

According to Winston Churchill, “We shape our buildings; thereafter they shape us.” With this in mind, we look at what a firm’s layout says about its culture and how important it is when choosing your next firm.

I read recently that 19% of the top 100 law firms have open plan offices. That compares to 10% five years ago and shows the direction in which law firms are headed. There is a definite trend towards open plan.

There is little doubt that cost is a key driver, especially for larger firms. The world’s largest commercial real estate consultancy CBRE estimates that, on average, firms using open plan occupy 40% less space and pay 35% less in property costs per fee earner than firms that operate on a cellular basis. For this reason alone, we expect more firms to adopt open plan in the near future.

Cost is only part of the story though. There are other benefits of having an open plan workspace, though there are downsides, too.

Let’s take a look at what these are. How you perceive them may well influence your choice of firm next time you move jobs.

The benefits of an open plan working environment

1. It reflects the firm’s culture

Most of the law firms we speak to are afraid of living up to the stereotype of being old fashioned. An open plan environment, which is a radical break from the traditional cellular layout, is the most obvious clue that a firm is moving with the times.

With recruitment of the best young trainees and lawyers high on most firm’s list of priorities, this matters. An open plan office says to the world we’re modern, we’re friendly and we work as a team. Most importantly, it shows that the firm is non-hierarchical. Partners become visible and approachable, rather than being hidden behind closed doors.

2. It is easier to share knowledge

Learning from more experienced colleagues is a critical part of a young lawyer’s growth. They can see how partners and senior colleagues go about their day-to-day work, and deal with difficult clients and lawyers on the other side.

It is also easier for young lawyers to ask questions of colleagues at opportune moments or for team members to hold impromptu meetings to discuss something they are working jointly.

3. Partners have a better idea what is going on

Partners are better able to gauge how a junior lawyer is coping with their workload and when to step in to offer support. They also get a clearer idea of how team members interact with each other and what contribution everyone is making.

4. It generates a sense of camaraderie

It has become a bit of a cliché for firms to talk about their ‘collegiate’ atmosphere. Cliché or not, having a happy workforce with everyone pulling in the same direction is one of the biggest challenges for large firms.

Open plan offices foster a co-operative atmosphere and plenty of human interaction. By seeing everyone around you, including partners, working hard and enjoying what they do, you are likely to be far more productive and committed.

Also, new recruits find it easier to get to know their colleagues and are integrated into the firm more quickly.

5. Flexibility

Open plan space is much more flexible than the traditional cellular layout. It is easier to move teams around or bring groups together for specific projects. Plus, seating arrangements can be freshened up as and when necessary.

The downsides of an open plan environment

1. It’s noisier and less private

Legal work is often complex and requires high levels of concentration. Sometimes you need to close the door and be free from distractions. Open plan advocates will say most offices set aside private areas for this type of work, but the fact is some lawyers prefer to work in relative peace all the time. Also, some people don’t like speaking on the phone when others can listen in.

2. Confidentiality

It’s a bedrock of the profession that client matters remain confidential. Many lawyers fear that by working in an open plan office there is a risk that private information will leak out.

3. Prestige

Most partners are rightly proud of their status and some feel that this should be recognised by being afforded a private room, preferably with a big window and a suitably impressive view. They want junior staff to aspire to their lofty heights and believe it will encourage them to work harder.

While most observers expect the number of law firms operating in an open plan environment to continue to grow, it is clear that there are many traditionalists who remain steadfastly resistant to change.

Depending on your own preference, it should be a factor when choosing your next firm.

If you are considering moving firm as an NQ-2 PQE Solicitor, please go to NQSolicitors.com now.

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The transition from Trainee to NQ Solicitor: interview with Vanina Wittenburg at VWV

Going from trainee to newly qualified solicitor overnight is one of the biggest challenges a solicitor faces in their career. NQSolicitors spoke to Veale Wasbrough Vizards’ Vanina Wittenburg to find out how she is enjoying life as a newly qualified solicitor at the firm and what tips she can pass on to trainees approaching qualification.

How did you find the transition from trainee to newly qualified solicitor and what were your biggest challenges?

The full workload of a qualified solicitor is entirely different from that of a trainee, and this has taken some adjustment in the first few months. Organisational skills have become key, and I have found that I need to take more time out of my day to make sure I prioritise the right tasks, and deal with matters in a timely manner. What this has meant though is that I’ve been treated as a proper fee earner from day one, with the level of trust that entails, which has been a great motivator. The variety of work is also vast by comparison, and as a newly qualified solicitor you feel like you should know it all (from one day to the next). So I think it’s important to stop and realise that to choose a career as a solicitor is to choose a lifetime of learning and professional development. Training doesn’t stop when you qualify, and clients will always surprise you with questions you’ve never been asked before.

How well did the firm and your time as a trainee prepare you for the step up to life as a newly qualified solicitor?

I feel that my training contract has prepared me really well for qualification. Throughout my time as a trainee I was given a high level of responsibility, and often had ownership of my own matters, so in that sense the transition wasn’t too scary. It also means that as a trainee I never felt like “the junior” in any of the teams I spent time with – my opinion was always valued. That’s given me a lot of confidence in my skills and abilities, which has served me well since qualification.

Obviously, you chose to stay at VWV post qualification. What advice would you give to trainees when making the decision whether to stay or leave?

Before ever considering becoming a lawyer, it was clear to me that I enjoy learning and dealing with intellectual challenges – I dabbled in academia for a few years before deciding on law – so it was really important to me to be in an environment where my own interests, learning and ambitions were given proper weight. I found this at VWV, and this is one of the key reasons I wanted to stay with the firm.

I always felt as a trainee that the people I worked for wanted me to learn and hone my craft just as much as they wanted me to do good work for our clients. I don’t think this kind of supportive environment is a given in the legal world. Ultimately it means I enjoy my work and am excited to go into the office every day – which to me seems like the most important thing about choosing any job. So, my advice would be to really consider whether the area of law you have chosen will hold your interest in the long term, and whether your firm provides the environment where you can excel in that area of law. This really boils down to: will the firm be supportive of your training and learning, and do you feel like it cares about your career development?

At what stage of your training did you decide you wanted to specialise in private client work? How difficult was this decision?

My very first seat as a trainee was in Private Client, and I had an inkling before I started that I would really enjoy it, having taken a Private Client elective during the LPC. I very quickly realised I’d been right, and so Private Client became the seat to which I compared all other seats. Some came close – I considered Commercial Property for some time, as I dealt with really interesting matters and clients, but Private Client won out fairly early in the process. I didn’t find it that difficult to make the decision, as I took a fairly objective approach. I really thought about what it was that I enjoyed on a day-to-day basis (client contact, plenty of drafting, and a mixture of technical knowledge and creative thinking), and Private Client felt like the best fit for me.

What do you enjoy about being a private client solicitor?

Private Client has a really good mix of intellectually challenging work, and what I call the “human element”. My clients are individuals and families, and I often interact with them at tough times in their lives. I have to find out about my clients’ lives so that I can identify appropriate solutions to their problems, or strategies to achieve what they want.

Understanding people’s motivations is key, and often this means it’s not about doing what might seem like the most logical thing, but rather what needs to be done to get to the client’s desired end result. This, coupled with having to think creatively about how to achieve the clients’ objectives, makes every day different and interesting.

What are your ambitions as a lawyer and do you feel you will be able to fulfil them at VWV?

From the moment I decided I wanted to become a solicitor, my aim has always been to find a career that keeps me interested day in and day out, and that involves working with people. I really think I have found that at VWV. Even as a junior fee earner, I have plenty of interesting work and client contact, and I work in a very supportive and friendly team. This means that I enjoy my work, as well as my time at work, and I feel like I provide an excellent service to our clients. These to me are huge positives, and part of the reason why I think being at VWV will allow me to do really well in my career.

How would you describe VWV to someone applying to the firm either as a trainee or as a newly qualified solicitor?

VWV has a very long history (Charles Dickens worked for one of the previous incarnations of the firm), yet it is a thoroughly modern firm. It has a varied and fascinating client list including settled estates, educational institutions, small business owners, wealthy individuals and everything in between.

The firm has one of the friendliest environments that I have worked in; an environment where everybody has respect for one another and where everybody takes great pride in their work.

Veale Wasbrough Vizards’ website is available at https://www.vwv.co.uk/

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“Show me the money!” – NQ salary round up Autumn 2017

Salary may not be the be all and end all for NQs but let’s face it, it’s pretty significant. As we said in our recent blog How important is remuneration for NQ and junior solicitors when they’re looking to move firms? other factors, such as work/life balance, do come into play.

But after years of hard toil to get to the point of qualification, who could blame a junior solicitor for demanding a law firm to “Show me the money!”?

If big bucks are your sole driver and the thought of giving your life and soul to your job a la The Firm doesn’t faze you, try to find a spot at a top US firm. Competition is fierce as due to their headcount in London they have far fewer vacancies at the junior level. And, it’s certainly not for the faint-hearted. Although not all US firms in London pay over £100,000, lots do. Latham & Watkins, Skadden and Sidley Austin all pay around the £120,000 mark. Kirkland & Ellis and Akin Gump both pay in dollars ($180,000), which equates to a staggering £140,000 at the current exchange rate.

Magic circle firms don’t try to keep pace with salaries like these but the pay for NQs is still very healthy. Freshfields hiked NQ salaries last year by almost 26% to £85,000 but has kept them unchanged this year. With bonuses, NQs can expect to earn up to £97,000.

Slaughter and May also announced that it is not increasing base pay for newly qualifieds for 2017/18 – NQs will receive £78,000. Clifford Chance has reportedly lifted base NQ pay by 2.7% this year, but the firm has declined to comment, as has Allen & Overy who last year paid NQs a base salary of £78,500.

Linklaters has increased base pay for newly qualifieds from £77,500 to £78,500 this year, but this tells only part of the story. NQs are categorised by the firm as either “high performers” or “median performers” and receive different bonuses accordingly. It is estimated that NQs at the firm will earn somewhere between £82,000 to £92,000.

Within the silver circle, Herbert Smith Freehills has frozen London trainee and associate salaries for 2017/18, but high performers can still expect to take home between £82,000 to £90,000. Ashurst has raised NQ salaries to £72,000 per annum.

Elsewhere in the top 30 (outside the magic and silver cirles), Norton Rose Fulbright NQs will receive £75,000, which compares favourably to those at CMS (£67,500), Dentons (£65,000), Taylor Wessing and Clyde & Co (both £63,000)

Among the national big-hitters, DLA Piper has raised London NQ salaries by 7% to £75,000 although their colleagues outside London will receive £42,000. It’s a similar story at Eversheds Sutherland, whose London-based NQs will start on £64,000 while those in the regions will be on £41,500. Addleshaw Goddard’s London NQs will start on £62,000 with their regional counterparts on £40,000. Meanwhile, DWF’s London NQs will be paid £59,000, with those in the regions on £38,000 and in Scotland £36,000.

Among mid-sized London firms, newly qualifieds at law firm of the year Mishcon de Reya will receive £67,000, Bristows is paying £63,000 to its NQs, with Farrer & Co NQs receiving £60,000 and those at Collier Bristow £53,000.

Although the size of a firm is a good rule of thumb as to what it pays its NQs (bigger is usually better), it is not the only factor. Several boutique firms pay their newly qualified solicitors handsomely though they expect exceptional commitment and the work/life balance can be similar to that at a big US or magic circle firm.

This is a snapshot of what some firms pay its NQs and isn’t exhaustive. If you have specific queries about NQ salaries or are thinking of moving firm – whether motivated solely by money or otherwise! – please get in touch.

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Autumn retention rates hold firm – with some surprising exceptions

Retention rates have been relatively strong this Autumn, contrary to the expectations of some legal commentators. We look at the latest series of Autumn 2017 retention announcements

In July, we reported on the early retention rate trends amid concerns that Brexit and the fall out from the collapse of King & Wood Mallesons would damage the prospects of trainees qualifying this Autumn. Apart from a few notable exceptions, these concerns have not materialised.

That’s certainly the case at magic circle firm Linklaters, which made offers to 53 out of 56 qualifiers. Six chose not to accept, meaning that 47 are staying with the firm, a retention rate of 84%. This compares closely with fellow magic circle firm Allen & Overy, whose September rate is 85%, with 40 out of 47 NQs accepting offers to stay. Clifford Chance performed slightly worse, keeping on 42 out of 52 trainees (81%).

Not such positive news for Freshfields trainees, though. Its September rate is just 66% (27 out of 41, with offers made to 29).

Best of the magic circle, however, is Slaughter and May’simpressive 91%.

Of the larger City firms outside the magic circle, this Autumn’s weakest performer so far is Taylor Wessing, which announced its worst figures in nine years. Just 16 of its 26 qualifiers are staying on, a percentage of 62%. Perhaps surprisingly, it’s a similar story at The Lawyer’s Law Firm of the Year Mishcon de Reya, which announced a lowly 64% retention rate. Nine out of the firm’s 14’s qualifiers are staying on, a poor figure from a firm that this time last year kept all 11 of its qualifiers. It’s a similar story at Dentons, which is retaining only 14 out of 21 trainees in its London office and five out of seven in Milton Keynes (a total of 68%).

Better news at Stephenson Harwood, with nine out of its 10 NQs accepting jobs (90%). Silver circle firm Macfarlanes has gone one better, with all 25 of its trainees being retained although two of them are on fixed-term contracts.

Other strong performers include Latham & Watkins (an exceptional 20 out of 21, 95%), Reed Smith (12 out of 14, 82%), Bird & Bird (15 out of 18, 83%), and Hogan Lovells (25 out of 30, 83%).

Regional heavyweight Eversheds Sutherland retained 44 out of 55 trainees across the UK. A regional breakdown by the firm showed that it kept all three of its Newcastle trainees, with two out of three trainees at each of their Nottingham and Cambridge offices staying on. The firm’s London office is keeping on 14 trainees and Manchester is retaining eight.

US firm White & Case is retaining 15 out of 18 qualifiers (83%), a good follow up to its 88% retention rate in the Spring of this year. Meanwhile Baker & McKenzie has scored a highly impressive 94% (15 out of 16), with one trainee opting to move into the financial sector.

Less good news at international firm Norton Rose Fulbright who scored a disappointing 69% (18 out of 26). This compares poorly to this time last year (85%) and this Spring (83%).

Outside London (or at least, partly outside London), Bristol headquartered Osborne Clarke has kept on 14 of its 17 qualifiers, eight of whom will be based in Bristol, five in London and one in Reading (82%). This is a creditable performance, though the firm won’t want to be compared to its West Country competitor Burges Salmon, which posted a clean sweep of its 28 trainees.

All in all, it’s a far better set of results than the doom and gloom merchants were predicting at the start of the Summer.

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