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Advice for 2010? Love your clients and taking nothing for granted

Last year was traumatic for many law firms. Few avoided staff cutbacks or shorter time working. In many cases partners took home significantly less than they had earned in recent years and managing partners have had to take tough decisions to deal with the downturn.

So does this week represent a turn of the page? Does a new decade mean a new chance?

Take for example Peter Martyr, of Norton Rose. After the firm’s merger last week with the leading Australian outfit Deacons, Martyr has become group chief executive of the Norton Rose Group. This means that he has ultimate responsibility for lawyers as far away as Bangkok, Beijing, Ho Chi Minh City, Singapore, Sydney and Tokyo.

On Monday morning, however, he found himself on a very chilly Watford Junction station where the irony of that far-flung legal empire was not lost on him. Once, Norton Rose’s aspirations were linked to the success of a chain of regional firms spread out along the M5 motorway. But at a critical juncture (after the IRA Bishopsgate bombing) the firm opted to go decisively down the international route.

“If you want to be in the global game then you must either be a boutique firm, a top domestic practice — like Slaughter and May — or you need to have a substantial international footprint,” he says. “Size is important if you want to operate internationally and I am glad to say that we have got over the curve to achieve that. Firms that have not made it are now likely to drop away.”

Looking ahead to conditions in 2010, Martyr thinks that now is the right time for firms to lay out their stall about where they want to be. Similar sentiments are shared by John Young, the senior partner at Lovells, who is looking forward to the tie up with Hogan & Hartson, the leading US firm, in spring.

Whether this turns out to be the long-awaited top-level AmericanBritish merger that sets the precedent for others to follow remains to be seen. Young confesses that he had always been doubtful about the practicality of the transatlantic merger until he met up with H&H and realised the high level of compatibility — including culture and values as well as practice areas. “Maybe the fact that they are a Washington firm rather than New York makes it easier,” he says.

What should be interesting to observe will be the firm’s parallel growth in Asia and in South America — a novel recipe for any British lawyer.

Linklaters, by contrast, has been closing offices in recent years in response to the downturn. And while it undertook some significant surgery to remould itself to the new realities, David Cheyne, the senior partner, says that 2009 was no worse than expected — and probably rather better.

He says that 2010 remains “extraordinarily difficult to predict” but is reasonably optimistic about a gradual pick-up as the year proceeds. Restructuring work will continue to be important but much will depend on the strategies adopted by the large corporates and financial institutions that make up its client base. But he says: “I don’t expect merger and acquisition work to come zooming back.”

Two firms hoping to see better times ahead are Halliwells and Blake Lapthorn. Both expanded rapidly during the boom years but then had to retrench. For Halliwells, however, the tale of recent months has been success in winning a number of prestigious clients that points towards a more positive future. “The transactional side has, however, declined and I have no expectation of it picking up again during 2010,” says Ian Austin, the managing partner.

A similar story is told by Walter Cha, the managing partner at Blake Lapthorn. In recent years the firm has grown from being king of the South Coast to having operations in London and the south Midlands. But, despite the subsequent difficulties, Cha is confident that the growth spurt will have been worthwhile, giving benefits of scale that will bear fruit handsomely. For the time being, though, it is a buyer’s market out there, Cha says. So what does one do?

For Tim Eyles, the managing partner at Taylor Wessing, the answer is to get ever closer to the firm’s clients. The firm — once primarily known for its intellectual property practice but now operating on a broader corporate front — is ramping up its investment in its global customer relationship programme and is shifting its emphasis towards business sectors (rather than the firm’s internal practice areas). Eyles says: “2010 for us is all about loving our clients. Our client feedback tells us that the more we understand their business and what’s happening in their industry the more likely we are to get repeat work.”

That drive is being matched by a constant alertness to ways to improve internal efficiency. “We also need to be increasingly creative about the way we structure fees,” Eyles says.

So, amid all the uncertainty, one thing is clear in this new year. Law firms will have to work harder to secure their clients’ loyalty. And they can take nothing for granted.

Source : The Times

Marco Pierre White challenge could change divorce battles for ever

Take one celebrity chef, separate him from his wife, sprinkle with allegations of intercepted letters, simmer and serve with a landmark ruling.

Marco Pierre White, the former Michelin-starred chef and television presenter, is pursuing his estranged wife’s lawyers in a test case that could change for ever the way that divorce battles are fought. Family lawyers warn that the chef’s lawsuit could end the practice by spouses of turning detective to unearth evidence.

White recently won a landmark ruling that enables him to proceed against Withers, the City law firm that was acting for his estranged wife, Mati, over the interception and seizure of his personal papers. The action is expected to come to trial this year and has already prompted inquiries from clients who think that they may be able to lodge similar claims.

Lawyers say that any spouse who wants to do her own detective work because she suspects that her husband is lying about his finances will lose a crucial weapon if White wins the case. They are calling for urgent guidelines so that they and their clients know where they stand.

The problem arises where wives (usually) suspect that husbands are concealing the full extent of their finances and have to resort to finding the evidence. Under the widely used practice, known as Hildebrand after a case in 1992, a document left lying around can be copied and used in financial proceedings arising from divorce.

But the Court of Appeal gave White the go-ahead to seek damages from his estranged wife’s lawyers for wrongful interference with his property after she intercepted his mail. The documents include a contract from P&O and a heartfelt letter from Letty, White’s daughter by an earlier marriage, that he said he had never seen until the originals were produced by his wife’s lawyers in court. She removed 42 documents after alleged threats from the chef, which he strongly denies, that she would not get a penny from him if they were to separate; that he would leave the country; that he would “pull the plug” on everything; and that he owned nothing, having sold everything for £1.

He maintains she claimed that her lawyer had told her to intercept his mail and take the documents, a claim both the lawyer and Mrs White deny.

The couple married in 2000 after seven years together and she is the mother of three of his children. After they parted in 2007 she petitioned for divorce, which has not yet been finalised.

The chef’s claim for damages against the law firm was dismissed by Mr Justice Eady in the High Court in 2008 but upheld by the Court of Appeal in October. One of the judges, Lord Justice Ward, criticised the Withers partner involved, Marcus Dearle, for withholding the letter. The judge questioned the legal advice given by Mr Dearle and said that there was at least a case to answer.

The letter was a “touching, almost heartbreaking, letter to her father expressing her love for him and her wish to see much more of him”, the judge said. “It was a letter which desperately called for a speedy reply. It was alleged that this letter was not only intercepted but it was also withheld.” He concluded that even if White did not ultimately succeed, the lawyers should be held to account, saying: “The interception and retention of Letty’s letter, more than the P&O contract, leaves me with such an uncomfortable feeling that for my part I would be reluctant to shut out the claimant and deny him his day in court.”

Marilyn Stowe, senior partner at Stowe Family Law LLP, said that the recent ruling had “sent shivers down the spines of family lawyers”. She said: “I always discourage clients from engaging in what could be regarded as ‘dirty tricks’. These include rummaging through the other spouse’s documents.”

This was because such actions had the potential to be professional misconduct as a solicitor must not advise a client to behave improperly, she said. The solicitor could also be liable to a civil claim for damages; and the client to a civil and criminal claim.

Do’s and don’ts during divorce

Do’s: take photocopies of documents, but don’t use force to obtain them; solicitors must keep copies of documents, not originals; disclose documents at the outset of the case

Don’ts: hack into a computer; remove a laptop

Precautions

If you share a computer with your spouse you should:

— Open a secure online account; update passwords and security question; never write them down
— Ddelete sensitive browsing history and temporary internet files
— Web-based products such as Google Docs can keep confidential documents off your home PC
— Password-protect any mobile used to access e-mails — with a different password from that of your secure e-mail account
— If your spouse has a user account on the PC ask an IT expert to revoke his/her administrator right

Source : The Times

Law firm closure in Stockport to affect 4,000 people

About 4,000 customers stand to be affected by the sudden and forced closure of a Stockport law firm, a watchdog has said.

Wolstenholmes was closed down and five of its solicitors had their licences suspended amid claims of dishonesty.

The Solicitors Regulation Authority (SRA), which is investigating the company, has set up a £3m fund for customers with urgent needs.

A spokesman said they were currently cataloguing all the cases.

Liberal Democrat MP for Cheadle, Mark Hunter, has arranged a meeting with Justice Minister Jack Straw to discuss the aftermath of the firm’s closure.

The majority of customers were using the firm to help them purchase a house. Many had complained to the Legal Complaints Commission (LCC), saying they had lost money.

One of those suspended, Imran Hussain, has apologised for the current situation and distress caused to customers, but denied any wrongdoing.

Helen Murgatroyd, Bobby Shabbir, Bilal Khawaja and Nasser Ilyas also had their licences suspended just before Christmas.

An SRA spokesman said: “We have set up the fund to help those customers who are just about to buy a house.

“We have had to freeze the money the company as we continue to investigate. We are trying to help customers out as soon as possible.

“The grounds for the intervention were suspected dishonesty and breaches of the Solicitors Accounts and Practice Rules.

“The intervention is not punitive, it is about protecting the public and safeguarding funds.

“For those who fear they have lost money, it will be dealt with by the solicitors’ indemnity insurance or the SRA Compensation Fund.”

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Source : BBC News

Unemployment rate among solicitors climbs by 400%

The number of unemployed solicitors on benefits has quadrupled during the recession to more than 1,800, according to an analysis of official statistics by the Conservative Party reported in today’s Daily Telegraph.

Along with architects, surveyors and vets, solicitors comprise one of the professional groups to have experienced the biggest percentage increase in unemployment rates since the economic downturn. Many of those made redundant are thought to be in their late 40s and early 50s.

Since March 2008 the number of unemployed solicitors claiming benefits has risen by 401% to over 1,800. The number of unemployed architects rose from 155 to 1,595, but surveyors have fared worst, experiencing a near tenfold rise in the unemployment count. The number of accountants out of work has risen 250%.

The figures are likely to understate real levels of unemployment among the professions because many white-collar workers do not claim benefits, claims the Telegraph.

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Trainee Solicitors face debts of more than £10 000

More than half of trainee solicitors have racked up debts of more than £10,000 before qualifying, according to an annual survey published by law student forum TraineeSolicitor.co.uk.

The survey of around 200 trainees revealed that 55% had debts in excess of £10,000, while 35% were more than £15,000 in debt, and 18% had no debt at all.

Some 86% of trainees questioned thought too many people graduated from the Legal Practice Course (LPC) each year, increasing competition for training contracts. The survey showed that 60% of trainees had made 10 or more applications for a training contract, with 12% making more than 50 applications. Nearly 90% thought it was harder to get a training contract in 2009 than in 2008.

National firm Eversheds was the firm where most trainees said they wanted to work, with City firm Allen & Overy in second place and national firms DLA Piper and Pinsent Masons in joint third.

Jamie Hutchinson, a director of TraineeSolicitor.co.uk, said: ‘2009 was the toughest year in recent memory for anyone looking to secure a training contract. Firms cut the number of training contracts, reduced salaries, deferred start dates and made hundreds of newly qualified solicitors redundant. Even the Law Society started a campaign to warn students about the risks of pursuing a legal career.’

He added: ‘It is now common to take a pre-application online test, complete an online application, attend an assessment day and face numerous interviews before obtaining a training contract… Competition is fierce and 2010 will only see the number of applicants per vacancy rise.’

The full survey results are available at http://www.traineesolicitor.co.uk/forums/survey.pdf

Source : Law Gazette

Lovells and Hogan partners confirm merger

The partners at Lovells and Hogan & Hartson have approved a merger. The offspring will jolt into life on 1st May and will be known as Hogan Lovells as Hogan Hartson Lovells was unavailable.

Lovells is rightly chuffed at pulling off the first transatlantic merger of equals, and the move will be watched very carefully by the rest of the market. If it works, the firm should benefit from greater global clout (the new firm will have 40 offices) and economies of scale, with partners pulling in total revenues of around $1.8 billion.

That’s an awful lot of money. But then it will have to go round an awful lot of partners - 870 of them in fact, some 250 more than Clifford Chance. Lovells will abandon its European style lockstep partner remuneration as the merged firm will have a combined merit-based points and annual bonus system. In total, the new firm will have around 2,500 lawyers, 40 offices, 2 CEOs and a partridge in a pear tree.

David Harris, Lovells’ Managing Partner, said that the merger “presents a compelling proposition to our clients“, and that “the new firm will have unrivalled global capability“.

Source : Roll on Friday

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