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James Pritchard

07/06/2019 by James Pritchard

What lessons can NQs and junior solicitors learn from ‘no brown in town’ furore?

The legal profession hit the press for all the wrong reasons a couple of weeks ago when a partner at an international law firm suggested junior lawyers shouldn’t wear brown shoes with a blue suit. Whatever the merits of this argument (spoiler alert: there aren’t any), it raises an important point for candidates.

There’s a scene in the 1992 film My Cousin Vinny when the judge takes exception to the clothes worn by lawyer Vinny, memorably played by Joe Pesci. Pesci is attired in a black long-sleeve T-shirt tucked into black trousers for his first appearance before the bench. “A little informal, aren’t we?” Judge Haller observes.

Goodness knows what he would have said if Vinny had committed the even more egregious sartorial ‘sin’ of wearing a blue suit with brown shoes. We’ll never know. Perhaps the old adage, ‘No brown in town’ doesn’t apply in deepest Louisiana.

It seems that it very much does in London town though. A couple of weeks ago an unnamed partner in an international law firm caused quite a stir at a conference at the Hilton Tower Bridge when he advised trainee lawyers: “Don’t wear brown shoes with a blue suit.”

The quote was picked up by a journalist and posted on Twitter, where it was pounced on by lawyers and non-lawyers alike. Tweets in response included: “This is silly”, “The partner should get out of others’ wardrobes, or just get out more,” and “Brown shoes — of the right shade — are right for a blue suit.”

The story then appeared in Legal Cheek and the Telegraph, with the latter pointing out that “wearing brown shoes with a blue suit has long been the scorn of those who adhere to the ‘City dress code’”.

More importantly though, it highlighted the fact that candidates are often judged on their appearance rather than their abilities and seems to add weight to the results of a social mobility study carried out into recruitment in the banking industry.

“For men, the wearing of brown shoes with a business suit is generally, though not always, considered unacceptable by and for British bankers,” the report says. Echoing what many say about legal recruitment, it concludes that firms recruit from a tiny pool of elite universities usually on the basis of whether people ‘fit in’. The result is that poorer applicants can miss out even if they have the required skills because they don’t dress, speak and behave in the same way as other candidates. Sounds familiar, doesn’t it?

In fairness to the unnamed partner, his comment may have been taken out of context. Firms place a huge emphasis on ‘fit’ and stepping outside the norm can send a signal that a potential trainee isn’t suitable for that firm. I’m not saying this is right, as clearly it isn’t. But it is a fact of life. It’s hardly news that many in the legal profession are so hidebound that they judge people’s merits on the basis of what clothes they wear.

An article last year in the Law Society Gazette pointed out that many firms now have a more casual dress code, but this can be even more of a minefield.

One piece of advice in the article is “to look at what the client wears, then tone it down”. It helpfully continues: “Lawyers can be more casual around creative-industry clients and entrepreneurs. But it’s possible to go too far – architects favour extravagant glasses, but you don’t want them thinking you’re making fun of them by turning up one day sporting enormous red specs.”

There’s a serious point behind this and a similar one was made by one tweeter. “Here’s some advice from someone who chooses between large international law firms. Stop all dressing the same. You look like boring automatons. We don’t want drones, we want people.”

Presumably, the original comment about brown shoes and blue suits was directed mainly at men. Women have it far worse. In an article titled,The Minefield of Workwear for Women Lawyers, Kayleigh Zioli points out that “women in the corporate and professional setting still face additional societal judgement on their performance and leadership based on what they are wearing and how they present themselves”. Zioli concludes that some women spend an incredible amount of time and money on workwear, and view it as a huge area of stress.

My advice to candidates is to do your research. A firm’s dress code says a lot about its culture and it’s hugely important to find out if the firm is a ‘fit’ for you. Some people couldn’t care less about dress codes, others most certainly do. ‘Fit’ works both ways and it is not simply a question of learning to wear the right uniform.

For what it is worth, the view of the Telegraph’s Men’s Style Editor Stephen Doig is that “to assume that black shoes take priority over brown demonstrates a very stylistically uneducated viewpoint”. That lawyers have got it wrong when it comes to fashion comes as no surprise at all.

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Filed Under: Working Life

17/04/2019 by James Pritchard

Freshfields and Linklaters: last two magic circle firms announce strong retention scores

Apart from one or two stragglers, most of the larger law firms have now released their spring retention scores. In this blog, we complete our seasonal NQ retention round up.

It may be a coincidence that the last two magic circle firms to announce their spring retentions have the lowest scores. Or it might not be. Either way, Freshfields’ 78% and Linklaters’ 80% trail behind the results of their magic circle rivals. Of these, Slaughter and May led the way with an almost flawless 97%, as you can read about in our first spring 2019 blog.

In fairness to Linklaters, it offers more training contracts than any other City firm (around 100 a year) and some fall-out is inevitable. Plus, 80% (41 out of 51) is a good score and consistent with its results of between 73% and 86% in the four most recent rounds.

Its NQs can earn up to £90,000 in their first year post qualification after taking into account performance-related bonuses. Linklaters’ trainee solicitor partner, Richard Hodgson, said he is “looking forward to seeing their careers progress as they embark on their roles as associates in a best in class and globally minded firm”.

Over in Fleet Street, Freshfields has retained 32 out of 41 trainees (78%). This is a slight dip on its score of 83% this time last year, but a marked improvement over the lowly 66% of two years ago. This spring’s newbies will start on £85,000 per annum.

Macfarlanes used news of its clean sweep of six from six to announce that it is offering future trainees £10,000 ‘financial support’ during their LPC. Plus, it will fund their LPC fees. This matches the recent financial uplift given to trainees-to-be by several other City firms, among them Herbert Smith Freehills, Hogan Lovells and Norton Rose Fulbright. The UK’s biggest financial supporter of student trainees is currently the London office of US-firm Sidley Austin, which pays £11,000.

Talking of Norton Rose Fulbright, it had an almost perfect 19 out of 20 result this spring (95%), with everyone who was offered an NQ role accepting. They will start on £77,000, level with DLA Piper and Baker & McKenzie. Baker & McKenzie itself announced a spring score of 71%, with 12 out of 17 trainees staying on.

International outfit Hogan Lovells has achieved an excellent 90% score with 26 out of 29 remaining with the firm. Most are going into the corporate team and all will be based in London. They will start on £78,000 per annum.

Reed Smith, meanwhile, is holding onto 11 of its 13 qualifiers (85%), one of whom is Dubai bound with the rest staying in London. No statement was made about their starting salary, but it is likely to pale beside that of White & Case’s 12 (out of 16) trainees who secured NQ positions with the firm.

They will begin life as an NQ on an eye-watering £105,000. London partner Melissa Butler said that the firm’s “combination of consistently high retention rates and a highly competitive salary and benefits package ensures that White & Case is a leading destination for talented, ambitious trainee lawyers”. Who are we to argue with that?

Overall, this is an impressive collection of results. It’s true that firms with poor results may be keen to avoid publicising them and so these are necessarily excluded from this round up.

Even so, the trend is that larger law firms are keeping on a high percentage of trainees this spring. Given that many of these retention decisions will have been made in the run up to the initial Brexit deadline of 29 March, this is encouraging news for trainees who are due to qualify in the autumn.

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Filed Under: Market Focus

17/04/2019 by James Pritchard

Are we any clearer about the impact of SQE on firms and students?

It is fair to say that the overwhelming response from the legal profession to the new Solicitors Qualifying Exam (SQE) has been confusion. Neither the firms nor the students (or for that matter the training providers) have a clear idea of how it will operate and what it will mean for the profession (as you can read about in our previous blogs here and here). As we head towards SQE lift-off in 2021, we ask whether there are signs that the fog is clearing?

At the end of last month, Legal Cheek published the first of what we expect will be several SQE surveys aiming to establish law firms’ attitudes toward the new exam. For anyone who has been reading the press surrounding SQE closely, the results won’t come as much of a surprise. In a nutshell, there is no consensus about how firms are going to change their training processes.

When are firms likely to take students on?

Let’s look first at when firms intend taking students on under the new rules.

Thirty-nine percent of firms said they would take on future trainees after completing the first part of the new exam and nine percent said they would do so before they had started SQE at all.

In the latter case, this would mean taking on graduates who had completed either non-law degrees or law degrees that did not cover SQE1 as part of their course. This seems surprising but indicates we may be moving to a qualification process similar to that for accountants where the firm puts the student through the whole process.

Meanwhile, almost a third of firms said they would only take on students after they had completed both parts of the new exam. If this becomes widespread it will go against one of the stated aims of SQE, which is to ensure students don’t waste time and money in passing the exams without any guarantee they will qualify as solicitors.

Twenty-two percent of respondents said they still hadn’t decided when they will take on students. It is possible that this figure under-represents the true position and we would conjecture that many firms polled did not respond to the survey as they still have no clue what they are going to do once SQE comes in.

Will firms provide training that goes beyond SQE?

Another survey question asked whether firms were considering additional training beyond that required by SQE. Sixty-three percent of firms said that they were. In addition, 41% of firms said they were thinking about developing their own SQE course, with 15% saying they might do so as part of a consortium.

These results give credence to our suggestion that we could be heading to a split between “trainees who have benefited from additional training in specialist areas (either in house or on an external course) and those who have simply completed the basic SQE1 and SQE2 requirements”. It is difficult to reconcile this with the SRAs goal of driving up standards and removing barriers to entry. Will we end up with the ‘haves’ who have received additional training beyond SQE (and are therefore more attractive to future employees) and the ‘have nots’, who have had the bare minimum training (making them less attractive)?

Is SQE going to be fit for purpose?

A bigger issue that this alludes to is the extent to which SQE is fit for purpose for the lawyers of the future. As we wrote about recently, AI and technology is changing the profession beyond recognition. This has led many to question whether law firms should rethink their traditional approach of recruiting certain types of students who have typically studied either law or a liberal arts degree.

Dani McCormick, director of solutions at LexisNexis, is quoted as saying that we should change the way we educate lawyers and believes firms must take the lead on this: “We need to teach things like service design and how tech could be applied to firms. In the future the job will be more than simply providing legal advice; it will be advising customers on how they can deploy technology in their legal solutions.”

Clifford Chance is one firm leading the way on this. Its Ignite scheme is taking on five trainees in 2021 and putting them through a programme focusing on legal technology.

In a similar vein, Manchester University has recently launched the UK’s first legal tech module, after developing it with input from law firms. Professor Claire Mcgourlay says of the course: “We aren’t equipping our students to go into the jobs that are becoming available. It’s not about expecting them to learn to code or to be computer science students, but to give them an awareness of what it is they are going to be facing.”

With this in mind, is there a danger that the SQE will be out of date even before it starts rolling out its first graduates?

In fairness to the SRA, it still has two years to get things right. Hopefully, by then the pea-souper around SQE will have lifted to reveal clear blue skies.

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Filed Under: Market Focus

17/04/2019 by James Pritchard

What got you to level 1 won’t get you to level 2

Following on from her hugely popular guest blog The top 5 mistakes to avoid as a junior lawyer, Katherine Cousins, associate at Addleshaw Goddard and author of “Successful Solicitor: Get Ahead of the Game as a Junior Corporate Lawyer”, shares her insights into making the step up from trainee to NQ solicitor.

Our March NQ’s will be just settling in to their new roles this week, possibly at new firms, too. It’s a strange thing to leave work on Friday as a trainee and start on Monday an Associate. We used to call it the ‘weekend of knowledge’, as if somehow in those three nights of sleep all the information necessary for your change in status would be downloaded from the firm matrix to your brain. Which is sadly untrue. What is true is that there will be a change in the expectations your team will have of you and that you should have of yourself. Qualification is an ideal time to take stock of where you are and where you’d like to be in a year’s time. It’s not as cut and dry as ‘trainee’ and ‘associate’. I prefer to think instead in terms of levels of skill:

Zero to One

Level 1 is about doing your job. Learning your basics. This level encompasses all the things that no one will thank a law firm for, but everyone will complain about if they aren’t in order. No one is really paying you for a perfectly formatted note, they’re paying for the advice it contains. But if that formatting is off, if it looks sloppy, then the client won’t feel as secure about the advice it contains. They’re paying for a professional service and that includes the little things, like perfect spelling and a quick response to their emails.

Some trainee and even NQ basics will include making binders for court, or managing the document system in a transaction. They might feel menial and small but they’re the foundation on which everything else is built. You might not feel it at the time, as you’re trying to fix a jammed photocopier at midnight, or proofreading a memo for the billionth time, but everyone higher up the chain is counting on you to be their foundation. I had no idea how important this was until I had to trust that the intern on my matter had done her job, so that I could do mine. There wasn’t time for me to do hers, too. Saving a document to the system feels like nothing, but everyone working on the wrong version because the last copy wasn’t saved correctly could be catastrophic and at the very least an avoidable mega nuisance. Costing the client an extra £350 because a partner was correcting your formatting errors is not okay. That’s no longer their job; it’s yours.

Level 1 is getting these basics down. It takes time. Maybe longer than you’d like it to. It took me longer than I liked it to!

Level 1 to Level 2

Now it’s time to do the work. The real work. Now you know how to format a memo and save a document, prepare an index and take a note of a call, you can start being truly indispensable. My first mentor said to me in our final meeting, ‘Don’t lose your personality. That’s what will make client’s hire you. Everyone expects that a firm of this calibre will get the law right. Client’s will stay with you because they like you.’ I would go one step further and say that this is why a firm will hire you and keep you and promote you.

Level 2 is getting the law right, but more than that, it’s getting it right and giving it to the client in the most helpful way you can. When you’re just starting out you get props for essentially not screwing up. Now not screwing up does not earn a gold star. It’s simply expected. Instead gold stars are earned for doing the little things no one will remember to tell you to do. For me this often takes the form of digging in a little deeper than I would have thought to before. Reading a new client’s annual reports, finding some academic papers or reports on their industry, building up my background knowledge. It’s time spent at the front end that will pay dividends down the road when you can really understand what’s motivating their actions or concerns.

Level 2 is asking why you’re doing what you’re doing, what the end goal will be. For instance, why are you preparing this note of advice. Practically, who is it going to be sent to or where will the information be used? If it’s the general counsel, but she is then expected to disseminate the information to her commercial colleagues, then make the body of the note technical, but give her a business friendly top end she can copy paste into her email to them. Think, what can I do to make their life easier? This goes for junior associates with senior associates/partners, too. Anything you can take off their plate, do. For instance:

Send advice notes alongside a draft cover email that they can use to send it to the client.

When you’re managing a long project or research tasks, send updates regularly so they don’t have to worry whether things are progressing.

Set reminders of deadlines either internal or client ones and don’t be afraid to nudge the instructing partner as they approach. Things do fall through the cracks sometimes. They’ll feel better knowing you have their back.

Rather than ask, ‘What do you need me to do?’ say, ‘I suggest we do this, do you agree?’

Level 3 and Beyond

I hesitate to sound like too much of an expert at this point, because I am only wobbling along this boundary myself. But it’s here I’m learning to lead as well as be lead. And boy does that ever make it clear where my knowledge gaps lie! At this point it’s about finding your weaknesses and conquering them one by one. It’s about becoming self-reliant. I get asked a question and don’t know the answer – well let’s go away and find out. One more gap filled. This is also a time for finding the people you admire and learning about them. How did they get where they are? What makes them so great? What can you apply to your work? Level 3 to me will be this cycle over and over – spot a gap, learn how to fill it, embed this skill, find another gap, learn to fill it, embed the skill. And repeat. And repeat.

Good luck to all who have qualified this March!

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Filed Under: Career Guidance

17/04/2019 by James Pritchard

Will law firms adapt to meet the demands of today’s junior lawyers?

For many young people, experiences are more important than careers. Rather than demand a steady progression up the career ladder, they are seeking flexibility and the ability to challenge and reinvent themselves. We look at how law firms will adapt to these demands and what this means for the legal career of the future.

What do young lawyers expect from their job? The reflex answer you expect is: “To become a partner”.

This may still be true for some, but by no means for all.

“Becoming a partner at their law firm has long been the prize for young lawyers,” said a recent article in the Financial Times. “Along with high pay, it was the enduring incentive to work gruelling hours and perform mundane tasks. But a generation of trainees want something different; the partnership track has ruptured.”

If young professionals don’t want partnership, what do they want? According to Deloitte’s latest human capital trend survey, modern careers “can be viewed as a series of developmental experiences, each offering the opportunity to acquire new skills, perspectives, and judgment. Careers in this century may follow an upward arc, with progression and promotion at various times—but they will look nothing like the simple stair-step path of generations ago.”

This change in attitude has been driven by technology. On the one hand, young lawyers resent being ‘on’ and contactable 24/7 by clients and colleagues. On the other hand, millennials embrace the flexibility technology offers. The gig economy has opened up a new way of working for so many people, why, they argue, should law firms be any different? The fact that virtually anyone can be working, or even be their own boss, with nothing more than a laptop and a mobile phone is hugely alluring.

The end game for law firms is that unless they adapt, they will struggle to attract and retain the staff they need. This is recognised in a report on UK law firms by PwC, which places a shortage of talent as one of four issues law firms need to consider if they are to remain resilient in the years ahead. “Is there a flexible working culture that meets the needs of the workforce?” the report asks.

Some firms are embracing this. Norton Rose Fulbright says in its publication Meet the law firm of the future, that next generation law firms will (among other things) “create new roles, businesses and functions”.

This is exactly what Lewis Silkin has done with its ‘Rockhopper’ service. Rockhopper offers fixed fee HR support from experienced employment lawyers who have opted for greater flexibility – such as working from home or even abroad – in return for less pay.

It is this type of flexibility that has driven the rapid growth of firms such as GunnerCooke and Keystone Law.

Many of the new roles and functions Norton Rose Fulbright mentions come as a result of ever more advanced technology. Much of the work currently undertaken by people is being carried out by machines, or a combination of the two. As a result, the role of people is changing. “As AI and other advanced technologies permeate the workplace, skills such as critical thinking, creativity, and problem-solving gain in importance,” says Deloitte.

This is reinforced in an article by Allen & Overy’s former senior partner David Morley in The In-House Lawyer in which he talks about the damage that can be wreaked simply by lawyers having poor conversational skills:

“I have seen client relationships wrecked, associates demoralised, and business opportunities go begging because key conversations were avoided or mishandled by partners,” says Morley. “As one law firm partner said to me recently: ‘It’s interesting to reflect on why lawyers seem to concentrate so much on what is written and yet so little on what is said.’”

Morley concludes that conversations require “human qualities of empathy, compassion, contextual understanding, judgement and emotional intelligence – in a word: humanity. Qualities that will become even more important to lawyers’ work as machines and artificial intelligence consume the grunt work.”

Deloitte’s report says more than half of its respondents (not law firms but large corporates) have no training in place to build these vital skills of the future. I have no doubt lawyers are as guilty of this as the corporates they represent. And, says Deloitte in wording that will ring a bell for anyone who has ever worked in a law firm: “Internal mobility is still often driven by tenure, title, and internal politics.”

This mismatch between the skills required and those rewarded by promotion will lead to firms being unable to retain their best talent. Successful firms of the future will offer the training their staff demand and need, the opportunity to change their roles as they grow and a culture that embraces this flexibility.

Will law firms step up to the mark?


If you would like to take the next step in your legal career, or if you are looking to hire solicitors at NQ to 2 PQE, register now with NQ Solicitors or call 020 3709 9165 to find out more.

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Filed Under: Working Life

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