Australia's leading publication for the legal industry. This issue: The stand-off between litigation and alternative dispute resolution, Australia's leading arbitrator Doug Jones, Mallesons new head Stuart Fuller discusses his plans for the firm's future, construction law in the spotlight, eco-friendly firms, deals, appointments, folklaw and more.
Print Post Approved 255003/05160 MOVERS & SHAKERS RECRUITMENT CORPORATE RESPONSIBILITY Friday 8 April 2011 528 SETTLING DISPUTES www. lawyersweekly .com.au FIRM EMISSIONS The C02 it takes to practise law The stand-off between litigation and ADR Plus Australia’s leading arbitrator Doug Jones on running around the world PRACTICE PROFILE COURTING CONSTRUCTION Qld floods and NSW election drive work MALLESONS’ MAIN MAN Stuart Fuller talks mergers, marathons and diversity RESOURCING PERTH Allens’ $20K finder’s fee
For a full list of active roles that Dolman is working on throughout Australia and worldwide visit www.dolman.com.au
For further information, please contact one of our consultants:Ralph Laughton, Daniel Stirling or Gail Greener Sydney (02) 9231 3022Melbourne (03) 8637 7317 or email [email protected]
Dolman Private Practice – Numerous opportunities are available so there is no better time to contact us to discuss your options.Sydney | Commercial Litigation 3 – 5 yearsThis well regarded law firm is seeking a forward thinking and talented all round litigation lawyer. You will work on a range of matters including regulatory, trade practice, contract and competition disputes for both corporates and individuals. Your analytical and technical skills must be second to none. For your hard work and enthusiasm, you will be rewarded with high level and interesting work. Enjoy a collegiate team environment with top-class partners who will provide excellent mentoring to help achieve your career goals. Ref: SYD/4140/GG
Sydney | Insolvency Senior AssociateThis well respected city law firm has an opening for a senior insolvency lawyer to join their Insolvency Practice Group. The work is of a high standard, acting for creditors, debtors and insolvency administrators. You will have a proven track record working on all aspects of corporate insolvency, bankruptcy and reconstruction matters. At this level it is essential that you have the ability to lead the business development of the team. Great firm with a genuine career progression opportunity on offer. Enjoy a friendly, social and supportive environment working with top-class partners. Ref: SYD/4157/GG
Sydney | TMT 1 – 4 yearsPrestigious firm’s telecom & technology practice continues to expand creating new opportunities for aspiring technology lawyers. This position will develop your expertise in all aspects of technology related transactions including drafting terms and conditions for complex software and services products, outsourcing and distribution agreements, offshoring and information management compliance and data protection matters. Solid academics required. Multiple roles. Ref: SYD/4182/RL
Sydney | M&A / ECMSenior AssociateOur client’s enviable corporate group includes a capital markets practice comprised of some of the most reputable partners in the Australia. The group regularly advises on high profile capital raisings, IPOs and strategic placements in Australia and internationally. The M&A team works on both public and private transactions advising corporate clients and investment banks. This key leadership role will challenge you to manage the firm’s strategic client relationships and legal project teams. Ref: SYD/4178/RL
Sydney | Equity Capital Markets2 years +This premier national firm is seeking a lawyer with a solid background in equity capital markets. High level and challenging work on offer involving a range of transactions including investments, offer structuring for companies and trusts, general directors liability advice, due diligence and underwriting agreements. It is essential that you have a genuine client focus. This firm is highly motivated to assist with your career development and to provide genuine career opportunities. Ref: SYD/4177/GG
Sydney | Energy / M&A 2 years +We currently represent a client searching for a lawyer with a background in mergers and acquisitions gained from a top or highly regarded mid tier firm to join its Energy & Resources team. A background in energy & resources in not necessary but candidates should have an interest in gaining practical experience in this sector. This is a unique opportunity to broaden the scope of your experience to include advising on a mix of corporate work involving energy, resources and infrastructure. Ref: SYD/4181/RL
Melbourne | Commercial Property 3 years + This international firm is seeking an experienced senior property lawyer to join their first rate team. The group acts on large scale development projects including assisting with project structuring, acquisitions, sales, leasing, licensing, management, maintenance and fit-out agreements. Most of the work is focused on large scale development with a mix of blue chip Corporates, institutional investors and developers and often involves cross jurisdictional issues. Ref: MEL/4159/RL
Melbourne | Construction – Back End 3 years + This top-tier firm has a new role available for an enthusiastic and ambitious senior construction lawyer. The role is focused on back-end construction and involves working across all sectors of the industry on large scale disputes including international and domestic arbitration, litigation in the superior courts and other forms of dispute resolution, such as mediation and expert determination. Ref: MEL/4050/RL
Perth | Banking and Finance 1 – 3 years This top tier firm with an international exposure is currently looking for junior banking and finance lawyers to join their fast growing team. You will be working for 2 highly regarded Partners on a broad array of high level national and cross boarder corporate and project finance transactions. Excellent mentorship and training provided. Ideally you will have 1 yrs PQE finance experience from a similar style firm. Strong academics and excellent interpersonal skills are essential. Ref: PER/4065/RL
In-house
London | Corporate Finance4 years +Our client’s asset finance group represents a market leading practice acting for financial institutions, leasing companies, airlines and rail operators. Growth in finance activity is driving the need to hire high quality asset finance or corporate finance lawyers with an interest in this area to join its international team. You will benefit through gaining experience in a leading practice working on cross-border financing structures and from access to world class training, mentoring and secondments. Ref: LON/4168/RL.
London | Energy & Resources5 years +The Energy & Resources Group of this global firm coordinates advice given to international clients in the energy, mining and infrastructure sectors. Its focus is to provide the best legal and commercial advice to by understanding the law and their clients’ businesses. Developing such expertise on an international scale is the opportunity on offer. You should be experienced in drafting and negotiating EPC, EPCM and related contracts, have a strong client management orientation and notable academics. Ref: LON/4031/RL.
Singapore | Corporate M&ASenior AssociateThis international firm is noted for providing high quality expertise on corporate, capital markets, finance, energy/projects transactions in S. E. Asia. The teams regularly advise on high-profile transactions in the region. An opportunity exists for a senior associate from a Commonwealth jurisdiction who specialises in complex M&A and private equity work to lead its team. On offer is a remarkable career opportunity advising clients in Asia, Europe and the US. Periodic travel is required. Ref: SIN/4167/RL.
Sydney | Wealth Management4 years +New role for a commercially focussed lawyer with financial services experience to support the private wealth division of this major financial institution. You will play a key role advising senior management on legal issues relating to their broad range of products and services (including Super, Managed Investments and Life). Major firm background as well as in-house experience preferred. Great prospects and an enjoyable culture on offer! Ref: SYD/ 4179/DS
Sydney | Structured Products4 – 7 yearsExciting role within a leading financial institution. High-level transactional and advice work relating to equity structured products equity structured products (including warrants, capital protected loans), equity derivatives and margin lending. Direct structured products experience preferred though strong FSR experience will be considered. Ref: SYD/ 4158/DS
Sydney | IT5 years +This major technology group is currently seeking a dynamic and commercially focused lawyer with strong IT Law experience. High-level work will involve drafting & negotiation of complex agreements relating to outsourcing (IT and BPO), systems integration and consulting transactions as well as provision of strategic legal advice to senior management. Major law firm and/or blue-chip technology company background required. Ref: SYD/4183/DS
International
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COVER STORY: Litigators are being encouraged to settle disputes in the boardroom rather than the courtroom. Justin Whealing asks what impact this will have on the adversarial nature of the law
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“Clients realise they do have bargaining power and they don’t have to just accept what law fi rms dish up”
– Nick Nichola, managing partner, Middletons
16
ContentsRegulars 6 THIS WEEK: A round-up of the latest legal news
10 IN-DEPTH: National law fi rms in Perth are offering lucrative deals to attract and retain top-quality lawyers. Angela Priestley reports
12 IN-DEPTH: Rising global demand for postgraduate legal qualifi cations has inspired a signifi cant repositioning of Australia’s largest PLT provider. Lawyers Weekly reports
14 PRACTICE PROFILE: Construction lawyers are set for a serious upsurge in business. Claire Chaffey reports
15 BEST PRACTICE: Clients are still leading on law fi rm relationships and their enhanced buying power is here to stay, writes Angela Priestley
25 CAREER COUNSEL: Lawyers need to network to learn the dos and don’ts of successful leadership. Briana Everett reports
26 FOLKLAW: The lighter side of the law
Features
20 ADR PROFILE: Clayton Utz partner and head of the world’s foremost arbitration body Doug Jones tells Justin Whealing how he balances his multiple professional roles with a love of running
22 GREEN FIRMS: A pioneering group of Australian fi rms have taken the bold step of revealing their carbon footprint. Briana Everett reveals the results
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Editor’sNoteGriffi th University professor AJ Brown this week released his long-awaited biography of former High Court judge Michael Kirby. The book, touted as exploring how judges should “juggle their legal, political and social roles in a changing world”, provides answers to some of the great questions to have plagued Kirby’s stellar career
With no connection intended, but one that has consequently emerged, this edition of Lawyers Weekly delves into one of Kirby’s great passions – alternative dispute resolution (ADR). Recently, we’ve seen a swath of legislative changes enacted at the federal and state levels to promote ADR. These changes, along with the adoption of the UN Commission on International Trade Law model governing commercial arbitration and the opening of the Australian International Disputes Centre last year, show that attention on ADR is ramping up across both the public and private sectors.
But is this attention succeeding in driving more parties to a dispute to adopt ADR measures? As Attorney-General Robert McClelland has noted in the past, we need to do away with “unnecessary formalities” to get on with resolving the disputes at hand. For McClelland, this means lawyers and arbitrators leaving old prejudices behind.
It’s a diffi cult ask. According to some lawyers contacted for this week’s cover story on ADR, litigation is still the preferred method of action for many clients – often due to cultural factors. As well as breaking down “unnecessary formalities”, it seems that the fl exibility the Government is seeking from lawyers and arbitrators is also required by clients. Flexibility is something Michael Kirby applied to his own career, with his contributions to politicised and controversial debates frequently fl ying in the face of the public’s expectations of judges.
When launching his book, AJ Brown described Kirby as “deeply traditionalist” but with the ability to introduce transparency in his judicial decision-making regarding public policy considerations. It was Kirby’s fl exibility that ultimately made him Australia’s most famous judge, and changed our judicial system forever.
Lawyers, arbitrators, mediators and their clients could all learn a thing or two from Kirby’s career.
See Justin Whealing’s story on page 16, and full coverage of the launch of AJ Brown’s book, Michael Kirby: Paradoxes and Principles, online at www.lawyersweekly.com.au.
Mallesons’ incoming chief executive, Stuart Fuller, who is set to take the reins from Robert Milliner on 1 January 2012, has revealed to Lawyers Weekly just what drives his passion for the law and where he sees the fi rm heading in the future (see page 9). Read more about Fuller, including full details of his dynamic legal career, online at www.lawyersweekly.com.au.
What role do small practices play in the Australian legal market? Can they really compete with the mid- and top tiers? Lawyers Weekly takes a look at why the small players are winning big clients and cases, causing a power shift in the legal profession.
TOP 10 STORIES ONLINE THIS WEEK 1 Mallesons chooses a new leader 2 NSW election a boon for lawyers3 New era for College of Law 4 Top tier tipped to back class actions5 Former NSW AG walks away6 Clutz appoints project fi nance director 7 Alinta restructure attracts 11 fi rms 8 ANU professor appointed to whaling case9 UK fi rms optimistic about end of recession 10 Five-year disability legal stoush ends
E D I T O R I A L B O A R D Lawyers Weekly is delighted to have the following
Will IrvingGroup general counsel, Telstra Corporation
Joe CatanzaritiPartner, Clayton Utz
Robert MillinerChief executive partner, Mallesons Stephen Jaques
Megan PittDirector, Australian Government Solicitor
Lucinda SmithPartner, Thomson Lawyers
4 L AW Y E R S W E E K LY 8 A P R I L 2 011 www.lawyersweekly.com.au
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Corporate Counsel - In-House Auckland, New Zealand 5+ Years PAEOur NZ client is looking for an experienced, self-motivated and outgoing corporate commercial solicitor to fulfill a challenging and interesting in-house role. Previous energy and construction experience would be an advantage but is not essential.E: [email protected] T: +64 9 368 1050
Randstad Legal — Our aim is to deliver the highest quality service under one strong brand name. Visit www.randstad.com.au/legal
time for a sea change...
private practice
in-houseTaxation Litigation - In-House Brisbane, 5+ Years PAE
This is a rare opportunity to join this specialist in-house team. You will have exceptional knowledge in tax and be an expert at dispute resolution. You will be a senior member of this team where your focus will be on more complex issues. This won’t last! Apply now before you miss out on this fantastic opportunity.E: [email protected] T: 07 3100 7709 Ref: KM46035
Sole Legal Counsel Sydney, Part-Time - 5+ Years PAE
Multinational parent company of a number of well known Australian retail brands now seeking to hire a Legal Counsel on a part-time basis. Prior in-house and highly commercially focused experience is essential. An opportunity to work flexibly whist being a exposed to a broad and interesting range of commercial and legal issues.E: [email protected] T: 02 8298 3851 Ref: PC46037
Insolvency Brisbane, 3+ Years PAE
This leading practice seeks a commercially savvy solicitor to join their specialised insolvency team. Be exposed to a range of litigious insolvency matters with some of Australia’s leading corporate entities and gain valuable experience from working with an experienced team of professionals. E: [email protected] T: 07 3100 7718 Ref: KW44985
Risk Management Sydney, 5 + Years PAE
Pre-eminent CBD firm with global reach offers a rare opportunity to join its risk management team. The work focuses upon conflict of interests issues and requires a confident and mature lawyer to communicate relevant advice effectively. If you seek a non-fee earning role offering true work/life balance this firm will deliver.E: [email protected] T: 02 8298 3852 Ref: EA46076
Workers Compensation Sydney, 2-4 Years PAE to SA
Join this renowned workers compensation (defendant) practice of premier international law firm working with industry leading lawyers. Matters involve catastrophic/common law based claims, risk management strategies catering to high profile clientele and complex statutory indemnity claims. Superb team culture.E: [email protected] T: 02 8298 3852 Ref: EA45687
Environment & Planning Melbourne, 4-7 Years PAE
Top-rated international firms with strong local culture. Transparent career progression and bonus system for strong performers. Must have strong environment law focus and ideally experience working with utilities clients. Local experience an advantage but interstate applicants welcome.E: [email protected] T: 03 9590 2267 Ref: KW46040
Pharmaceutical Brisbane, 5+ Years PAE
This is an outstanding opportunity for an ambitious lawyer to join this niche practice with the opportunity to further develop your own interest. You will have good commercial experience including some leasing and franchising experience. If you have the ambition then this is your role! E: [email protected] T: 07 3100 7709 Ref: KM46070
Private Client Baulkham Hills - Special Counsel
Leading firm looking for a senior Private Client lawyer in their established Baulkham Hills office. Busy practice of private client work that they need an experienced lawyer to undertake. In return the firm are able to offer a small yet collegiate environment with the support functions of a large firm and city salary. E: [email protected] T: 02 8298 3850 Ref: LB46057
Compliance Sydney, 4-6 Years PAE
Are you a transactional banking lawyer with an interest in regulatory work? This practice has particular focus on lending to self-managed superannuation funds and advising on financial services. Excellent salary, genuine career prospects, and a sustainable work/life balance.E: [email protected] T: 02 8298 3850 Ref: LB46036
Energy Melbourne, 3-4 Years PAE
Work with top-tier, blue-chip clients without top-tier pressure. Focus on gas and electricity sectors. Strong career progression prospects. You must have a strong knowledge of regulatory frameworks and excellent academics. Australian experience preferred.E: [email protected] T: 03 9590 2267 Ref: KW46039
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thisweek
Vic lawyers can renew without stat decVictorian lawyers are no longer required to
complete a statutory declaration when renewing their practising certifi cate. Amendments to the Legal Profession Act 2004 that commenced last week mean that practitioners only need to sign a declaration to confi rm the correctness of information on their renewal forms. Previously, a statutory declaration was required.
Former NSW AG walks awayFormer NSW attorney-general John Hatzistergos has announced
his resignation from the NSW Parliament. Although his term in the upper house is not due to fi nish until 2015, Hatzistergos will vacate his seat four years early after the Labor Party were condemned to opposition at the recent state election. He said he hopes to have left Parliament by Easter.
DLA Piper establishes presence in MongoliaDLA Piper has
established a formal association with Mongolian fi rm C&G Partners in response to client needs for legal services in a jurisdiction driven by strong resource-linked investments and hard commodity exports. DLA’s Asia-Pacifi c managing director Alastair Da Costa said the move would enable the fi rm “to have a presence in an emerging economy where our clients are doing increasing volumes of business”.
ANU professor appointed to whaling caseLegal academic Professor Hilary Charlesworth has
been appointed as a judge ad hoc in Australia’s whaling case against Japan, initiated in the International Court of Justice (ICJ) last May by the Rudd government. Under the statute of the ICJ, a party to a case before the court can nominate a representative to sit as a judge ad hoc to a specifi c case if it does not already have a representative on the bench.
While the number of female lawyers in NSW has increased by more than 400 per cent over the past 22 years, the proportion of female partners is still small.
According to statistics released by The Law Society of NSW, the number of female lawyers in NSW has increased by 452 per cent between 1988 and 2010. The statistics also reveal that despite 46 per cent of lawyers in NSW being female, just over 23 per cent of principals in law fi rms with more than 20 partners are women – representing a slight increase on the 18.5 per cent of female partners in 2005.
The proportion of female partners is even lower for fi rms with two to 20 partners, with just under 18 per cent of senior positions being held by women – up from around 13 per cent in 2005.
NSW Law Society president Stuart Westgarth told Lawyers Weekly the society is in the process of organising a symposium to look at gender diversity in the profession.
“Those people who have had successful experiences in that area use the term fl exibility quite
The Web
REWIND
Rise in female lawyers a small win
Prime Minister Julia Gillard told executives from Australia’s largest resources companies that relying on imported labour to alleviate the skills shortage is not acceptable when there are local unemployed workers.
A Productivity Commission report stated that consumers and businesses would be slapped with elevated compliance costs if the GST threshold of $1000 is cut.
Julia Gillard labelled the United Nations-backed regional framework agreement on people smuggling, which was fi nalised at the recent Bali Process meeting, a “step forward”.
Italian Prime Minister Silvio Berlusconi handled criticism regarding the stream of North Africans arriving on the Italian island of Lampedusa by saying he would rid the island of immigrants in 60 hours.
Bribery laws in the UK were softened with new guidelines stating that companies that do not have operations in Britain, but which are listed on the London Stock Exchange, would be exempt from the laws.
a bit, and what they are saying is that because of the necessary dual obligations that senior women have at home and in the profession, you need to create a fl exible set of obligations and a working environment to enable them to do both things,” said Westgarth.
Although no formal agenda or date has been fi xed for the planned symposium, added Westgarth, he would like it to include around 50 to 100 senior members of the profession.
Other statistics gathered by The Law Society reveal that the number of part-time lawyers has increased from nine per cent in 2003 to 15 per cent in 2010, with 21 per cent of women lawyers and 10 per cent of male lawyers working part-time.
In addition to the issue of gender equality, Westgarth said that billing would be a priority. A seminar on that topic is slated for the latter half of this year.
“I am trying to respond to criticisms of time billing, and to make the profession and public understand the various alternative systems of billing,” he said.
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thisweek
DEAL MAKERS
ALLENS ARTHUR ROBINSON and a swathe of other fi rms have acted on the restructuring of Alinta Finance, advised by Mallesons Stephen Jaques, in what Allens is calling one of the most complex restructurings in Australian corporate history.
Allens acted for the Commonwealth Bank of Australia in its role as the agent, and CBA Corporate Services (NSW) Pty Ltd as the security trustee on behalf of the syndicate lenders.
The matter concerned a restructure of a $2.8 billion debt facility through four creditors’ schemes of arrangement. This involved a debt-for-equity swap in respect of the secured debt, and a transfer of ownership of the companies in the Alinta Finance group to an entity controlled by the lenders.
Allens partner Vijay Cugati said the restructure marked the fi rst time that a scheme of arrangement had been used to effect a debt-for-equity restructure for many years.
“As well as this, this matter is one of the largest restructurings of distressed debt in Australia and involved signifi cant levels of trading of distressed debt between lenders,” he said.
The Allens team, led by partners Ian Wallace, Vijay Cugati, Mark Kidston, Diccon Loxton, Andrew Finch, John Warde and Michael Quinlan, cuts across
Kelly & Co recruits Finlaysons partnerKelly & Co has appointed Clare Raimondo a
partner in the fi rm’s employment and workplace relations team. Previously at Adelaide fi rm Finlaysons Lawyers, Raimondo was a registered industrial advocate before joining the legal profession.
Partner leaves Mallesons for MiddletonsCorporate and commercial partner Adam
Levine has left Mallesons Stephen Jaques to join the partnership of Middletons. Levine acts on a range of commercial matters, including equity capital markets, takeovers and schemes of arrangement, business sales and acquisitions, regulatory compliance, corporate governance, outsourcing and general corporate advisory work.
Bartier Perry recruits Gillis Delaney lawyer Bartier Perry has appointed Mark Tierney as an executive lawyer
to the fi rm’s insolvency and fi nance recovery team. Joining the fi rm from Gillis Delaney Lawyers, Tierney brings a range of experience in liquidations, voluntary administrations, deeds of company arrangement and personal bankruptcy matters.
Gadens appoints insurance special counsel Gadens Lawyers has promoted Rory O’Connor to special counsel in the fi rm’s
insurance team. O’Connor practises in the areas of litigation, insurance and life sciences, having acted for insurers in defence of claims arising from material damage, business interruption and negligence.
FIRM
DEAL NAME
AREA
VALUE
KEY PLAYERS
Tony Ryan
Ryan Lawyers, Greenwood Roche Chisnall (Host Hotels); Duncan Cotterill (Tourism Asset Holdings); Russell McVeagh (Accor)
Purchase by Host of seven NZ hotels and related businesses from Tourism; ongoing agreements with Accor
Property
$144 million
Ryan Lawyers’ Tony Ryan (pictured), Chris Greiner, David Tindale and Oli Callaway
Elizabeth Gray
Henry Davis York (ING Real Estate Investment Management); Mallesons Stephen Jaques (ING Management Ltd)
ING REIM on phased withdrawal from Australian real estate investment management activities
Financial services
$7.2 billion
HDY’s Elizabeth Gray (pictured) and Mallesons’ David Eliakim
the banking and fi nance, corporate, corporate insolvency and restructuring, and tax groups.
Partner Ian Wallace said the restructure had been a “most extraordinary” matter involving a rolling series of crises and challenges with a changing cast of clients.
“The ultimately successful outcome is an enormous tribute to the dedication, creativity and professionalism of all parties and advisers on this transaction,” said Wallace.
Baker & McKenzie and Arnold Bloch Leibler acted for TPG, Freehills acted for Amber Holdings, Blake Dawson acted for Anchorage, and Bingham McCutchen acted for Oaktree, while Clayton Utz, Minter Ellison, Gilbert + Tobin and Kemp Strang also took roles.
Movers &
Shakers
DEAL OF THE WEEK
Alinta restructure attracts 11 fi rms
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thisweek
In-house lawyers urged to give voice to animal rightsONE OF Australia’s leading animal rights activists has urged Australian corporate lawyers to advocate for change in laws that fall short of shifting social expectations.
Speaking at the in-house counsel symposium of the Australian Corporate Lawyers Association (ACLA) NSW last week (29 March), Brian Sherman AM, a philan-thropist and founder of animal welfare organisation Voiceless, said that corporations and their in-house counsel should be leading the charge when it comes to effecting legal change through social responsibility.
“While corporations law currently falls short of what is fair and just and ethical in respect to animals, I firmly believe that corporations have an opportunity to act responsibly and take the lead by responding proactively to changing social values,” he said.
Sherman left his native South Africa in 1976 due to his repugnance of the principle of apartheid and, after making his fortune in Australia and the US through various business ventures, now devotes his time to the animal welfare movement.
Through Voiceless, Sherman and his team have been able to promote animal law as a subject now taught in universities, enlist numerous high-profile law firms to provide pro bono work, and bring the plight of farm animals into the spotlight thanks to numerous grants, publications, research projects and high-profile supporters.
Sherman now believes the time is right for corporations to take responsibility and engage
in what he says is a rapidly growing movement. “Animal protection is to corporations now what the environment was to corporations some 15 to 20 years ago,” he said.
“Even if accountability towards animals is not yet embodied in law pertaining to corporations, we ask you to think about ... your moral and ethical duty more broadly.”
Sherman was joined at the ACLA symposium by US lawyer and new Voiceless CEO Dana Campbell, who recently relocated to Australia to tackle the issue of laws that effectively permit the ill-treatment of farm animals such as pigs and chickens.
Campbell suggested numerous ways in which corporations could promote change in relation to animal welfare, such as incorporating animal welfare into existing CSR policies, ensuring ethical guidelines are met in relation to food purchases, and forming strategic relationships with bodies committed to animal welfare.
Campbell also pointed out that, as social expectations change, it is good business to be seen as acting ethically, and cited retailer Coles’s phasing out of sow-stall pork – and the subsequent goodwill generated by that decision – as an example of how ethics can be combined with smart business decisions.
“The law, as we know, takes time to catch up with and respond to changing community values,” she said.
“Ethical businesses, and the demands of their customers, can be a much quicker driver for change.”
LAWYERS AT the Public Interest Advocacy Centre (PIAC) have won a remarkable victory after a five-year battle to have wheelchair-accessible taxis live up to their name.
Last month the PIAC and its client, wheelchair-bound Greg Killeen, withdrew their Federal Court disability discrimination claim because of a recent change in Transport NSW rules that no longer breach national disability standards.
“Today is a victory for all people with a disability who use wheelchairs and wheelchair-accessible taxis,” said Killeen outside the Federal Court last month.
Killeen alleged Transport NSW and two large taxi companies had breached national disability standards because many supposedly wheelchair-accessible taxis were too small to be used.
PIAC solicitor Gemma Namey said new rules that come into effect from 1 October 2011 mean that only genuinely accessible taxis will be licensed.
“The new rules resolve the problem. Transport NSW will increase the minimum amount of useable space within all new wheelchair-accessible taxis,” said Namey.
The outcome is exactly what Killeen had hoped for. “The case was simply a matter of justice. All I wanted was for wheelchair-accessible taxis to be just that – wheelchair accessible.”
A TOP-TIER partner said that plaintiff law firms acting on class actions can expect competition from top-tier firms in the future.
Clayton Utz litigation and dispute resolution partner Greg Williams made the comments at the firm’s “Risky Business Day” last month.
When asked by Lawyers Weekly if top-tier law firms would start to look at acting on the plaintiff side of class actions, Williams said the lure of working for institutional investors could open the door to that type of work in the future.
But he added that top-tier firms may not be equipped to manage the “book build” aspect of what plaintiff firms currently do – that is, establishing a cost-effective way to recruit clients and manage a group that could contain between 100,000 and 200,000 people.
“We [Clayton Utz] are not set up to do that at the moment, and I would be surprised if any of our top-tier competitors are,” he said.
However, Williams believes that change is in progress. “One of the things the funders coming into the market have done is move the plaintiff pool from being a ‘mums and dads’ pool to involving a much higher proportion of institutional investors, and institutional investors are naturally clients of top-tier law firms,” he said.
swapping sidesx
Top tier tipped to back class action plaintiffs
xcorporate social responsibilityx
xdisabilty discriminationx
Five-year disability legal stoush ends
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MoJ remodels CFas The UK’s Ministry of Justice is set to give “no-win, no-fee” conditional fee arrangements (CFAs) a makeover to reduce inflated
payouts to lawyers and stop unnecessary litigation making it to court, reports Legal Week. The measures will see the abolition of the so-called success fees and associated costs in CFAs, with claimants having to pay their lawyers’ success fees instead.
royal wedding hampers Bar plansThe imminent nuptials of Prince William and Kate Middleton have derailed attempts to make scholarship offers to
would-be barristers until after the date on which they must accept their places in the Bar Professional Training Course (BPTC), reports The Lawyer. The unscheduled bank holiday on the royal wedding day means BPTC students will have to accept places without confirmation of financial assistance.
Co-op to branch outA UK company known as The Co-operative will soon begin to offer legal advice to members of the public from its extensive network of
bank branches, reports Legal Week. The decision comes as it considers converting to an alternative business structure later in the year, in a move that would make it the first retailer to do so. The company is seeking to form a one-stop shop for financial and legal services when the Legal Services Act commences in October.
spanish firm promotes 10Spain’s second-largest firm, Cuatrecasas Gonçalves Pereira, has elevated 10 lawyers from its Spanish and Portuguese offices to
partnership, reports The Lawyer. The Barcelona office has gained three new partners: finance specialists Iñigo Aguirrezabala and Manuel Follía, and litigator Juan Antonio Ruiz. In Madrid, litigators Pedro Campaña, Esther de Félix and Olga García, as well as corporate lawyer José Luis Rodríguez, join the partnership.
six partners fight it out at simmonsUK firm Simmons & Simmons has six partners competing for the role of senior partner, to be elected next month, reports The Lawyer. The
candidates’ papers were recently distributed to firm partners, with current managing partner Mark Dawkins competing against litigation partners Colin Passmore and Philip Vaughan, corporate partners Charles Mayo and Thierry Gontard and energy partner Patrick Wallace.
promotionx US/U
K U
pdate
WHEN IT was announced on 31 March that Stuart Fuller would be the new chief executive partner at Mallesons Stephen Jaques in January 2012, it was no great surprise.
Fuller has risen through the ranks of the firm since joining Mallesons fresh out of university in 1990, having variously been the banking and finance practice team leader, and now a managing partner and the co-head of the firm’s regional and offshore offices.
While Fuller praises the man he will be replacing, Robert Milliner, who will hand over the reins after seven years in charge, he emphasises that they are “very different people” and that he will bring his own approach to the role.
“I will look to be seen as an honest and direct communicator,” he said. “Someone who can talk to anyone and talk about any issue decisively and honestly.”
Fuller is also active outside of the office. Describing himself as “someone who doesn’t need much sleep”, the 44-year-old father of four children started running marathons a couple of years ago and regularly wakes before dawn to train. This year, the Wellington and New York marathons are just as important a part of his agenda as preparing for his role as the firm’s new head.
As a managing partner with the firm, Fuller has been a key part of the strategic think tank inside Mallesons for the past five years. He said that when he leads the firm, he will simply be putting recently laid plans into action.
“The firm has a very clear strategy. We spent a lot of time last year clarifying our strategy to 2015, and each of the managing partners played a fundamental part in developing and now implementing that strategy,” he said. “It is very much execution of that plan.”
A key plank of Mallesons’ strategy in recent years has been to look at the viability of a merger with global firms. Under Milliner’s stewardship, Mallesons spoke with Clifford Chance regarding its entry into the Australian
market, but the global financial crisis scuttled any proposed merger.
When asked whether a merger is still on the table, Fuller makes the general comment that Mallesons “maintains a range of discussions with a number of firms” – but he does not rule out going down that path in the future.
“It is a clear part of our strategy to create or join a leading international network,” said Fuller. “That has been an aspiration of this firm for as long as I have been a partner. I expect there will be some good opportunities around and we will execute against that strategy.”
In the meantime, Fuller says that the firm will continue to strengthen the reach of its Asian offices in Beijing, Hong Kong and Shanghai and he will divide his time equally between engaging with internal and external stakeholders.
One key area in which Fuller would like to make an impact is diversity. Mallesons currently has around 22 per cent of female partners, which is roughly comparable to most national law firms. While he doesn’t believe in “quotas for quotas sake” to raise this figure, he says that as the father of three daughters he is a “huge supporter of diversity”.
“Diversity is a fundamental issue and I would like to establish a team that is representative of the firm on a number of levels,” he said. “That includes generational diversity, geographic diversity – which means spreading leadership positions around our various locations – and gender diversity.”
Although he is yet to assume the role of chief executive partner, Fuller already has his sights set on the legacy he wants to leave behind when his tenure is finished. He is unequivocal in saying that he will be focused on ensuring the firm is in a stronger position compared with when he took over.
“I want our firm to be focused on clients in the market and its people within the firm equally,” he said. “I would like a firm that is part of a broad network or part of a broader international or regional firm.”
Mallesons’ main man mulls over mergers and marathons In 2012, Stuart Fuller will head the firm he has practised at for 21 years. He tells Justin Whealing why he is open to overtures from rival firms
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T he ground is breaking on a number of significant resourcing projects across Western Australia. But the real commotion may well be emerging
from businesses attempting to bring staff to the region to meet their resourcing needs.
The issue has already caused a stir at Allens Arthur Robinson, which has, for the past six months, been offering finder’s fees of $20,000 to staff members who can successfully bring new fee-earners into their Perth office.
The fee is twice what is currently offered for similar finds in the Sydney and Melbourne offices and is evidence of the difficulties firms such as Allens face in bringing highly qualified lawyers to the west.
Not surprisingly, the scheme has been successful. According to the Perth-based Allens partner responsible, Tim Lester, the firm has already made “several” payments following successful hires, while also providing a number of financial incentives to those staff members who have assisted in bringing CVs and candidates in for interview.
The $20,000 figure attracted the attention of the international press last week, with the Wall Street Journal citing it as an example of the lengths businesses at the heart of Australia’s resources boom must go to in order to staff their needs.
As noted by the WSJ, investment in mining and energy projects rose 21 per cent to $132.6 billion between April and October 2010.
National law firms in Perth are offering lucrative deals to attract and retain top-quality lawyers. Angela Priestley reports
Finders keepers
indepth
That’s big business for what was, not so long ago, a relatively small city. Today, Perth boasts a population of just over 1.5 million. While the figure is growing steadily, according to the Australian Bureau of Statistics, the level of investment in the region far outweighs the level of personnel and skills available.
For law firms, the problem is that the bulk of the work currently associated with the resources boom cannot always be filled by Perth-based lawyers but requires specialist – and often international – skills.
“A lot of the projects and the transactions are international in nature and involve structured financing,” says Lester. “So being able to attract people with experience beyond WA is actually very valuable, whether that’s from the eastern states, Asia or the Middle East.”
Meanwhile, the global financial crisis was not as severely felt in Perth as it was throughout the rest of the country, presenting little relief for national law firms from the pre-GFC legal war for talent.
“While there was a hiccup in terms of activity and a slight slow-down in transaction execution, transactions weren’t necessarily canned. They
were just slowed to allow the effects of the crisis to pass,” says Lester.
And with global law firms such as Clifford Chance and Allen & Overy announcing offices in Perth – even over opening offices in more traditional Australia legal jurisdictions like Melbourne – it seems the market for talent in the region is only going to tighten.
Still, according to Ralph Laughton, the managing director of legal recruiter Dolman, the Perth talent market is not exploding with legal roles at the moment. Rather, the quality of the candidates firms are looking for is rising and law firms are realising they need to be flexible and more lucrative with their salary packages in order to lure the right mix of people from interstate and overseas.
“We were [in the past] getting orders that we knew we couldn’t fill,” he says. “We didn’t feel what was on offer [salary-wise from firms] was competitive in Perth relative to where these people were and would have to relocate from.”
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Laughton adds that it’s taken some time for employers to make their packages more attractive. “When clients realise they can’t find the quality candidates they’re looking for, then eventually either salaries go up or the offer goes up and the possibility of resourcing quality candidates becomes more realistic,” he says.
At Minter Ellison, Perth-based real estate partner Glen McLeod notes that the resources boom is driving legal work across a broad spectrum of law, especially given population growth in the region.
Having recently hired three new lawyers in his practice group – from the UK, South Australia and Perth – he knows all too well the need to search beyond Perth’s borders to bring new lawyers on board.
“We are a tier-one law firm, so what we’re selling is top-quality services. We want to make sure we have the best people to do the jobs as the work comes in,” he says.
McLeod’s growing real estate practice is an example of the “auxiliary-style” work building off the back of the resources boom and one that shows the all-encompassing impact the resources work has on general business in the area.
“Firstly, [growth is coming from] the scale of the infrastructure development and the number of infrastructure projects under way,” he says.
“In addition, you’ve got a whole range of ancillary real estate issues created by the real estate boom, because so many people have now been drawn into the state to service the resources industry.”
According to Minter Ellison people and development manager Louise Shelton, growth in legal work means looking to the firm’s alumni to bring in potential recruits. “We get a lot of fantastic referrals from our current staff and alumni for our positions,” she says.
Like Lester, McLeod does not believe the financial crisis was a hindrance to talent requirements. “The GFC is history,” he says “We did not make anyone redundant in Perth as a result of the GFC.
“What we did do was take a calm look at the prospects for WA and the quality of our clients and considered what kind of prospects would be available in the future, then responded accordingly.”
As for the future, Allens’ Lester believes current staffing levels are sustainable and likely to grow as the resources boom continues.
“When you have these significant multimillion-dollar projects that are
underpinned by 10- to 25-year contracts, you can look forward and see that Perth will continue to grow,” he says.
In the meantime, offering a $20,000 finder’s fee is certainly going to get staff
on board to help with such growth. lw
We were getting
orders that we knew we couldn’t fill. We didn’t feel what was on offer was competitive in Perth” ralPh laughton, managing director, dolman
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indepth
Rising global demand for postgraduate legal qualifications has inspired a significant repositioning of Australia’s largest PLT provider. Lawyers Weekly reports
Neville Carter steps into a new role as chief executive officer of TCOL
More than 6000 people are currently undertaking postgraduate legal degrees across Australia, according to the Department of Education,
Employment and Workplace Relations. This figure has risen substantially in recent
years, as legal professionals seek out further qualifications to bolster their skills in a specific area of practice and build up the academic side of their resumé.
The College of Law now wants a piece of this change by becoming a higher education provider itself and further extending its range of recognised degrees and diplomas for ongoing legal training.
And, following its announcement that it will soon be a wholly independent education institution after becoming a public company last month, the college is well on the way to doing just that.
To be known as TCOL Ltd (and renamed College of Law Ltd once the current college is wound up), the new company includes legal stakeholders across Australia and New Zealand.
In line with the move, Neville Carter’s job title has changed from managing director of The College of Law to chief executive officer of TCOL.
Carter says that diversification of the college’s offering is a response to an emerging desire on the part of lawyers to gain concrete credentials in higher learning.
“It’s fascinating, and it seems to have happened suddenly,” he says. “For a very long time … the legal profession seemed not to show the same interest as some other professions and general industry in acquiring higher credentials.”
But, as evidenced by the growing number of people exploring postgraduate legal
education, Carter believes the interest level of young lawyers in higher education is shifting significantly.
“In recent years – say, the past five to eight years – there’s been clear evidence that young professionals want credentials to evidence their studies and to advance their careers,” he says.
Carter believes the change reflects a trend in higher education worldwide. “As I speak to young people, they’re clear-eyed in terms of where they want to go career-wise. They see pathways to explore, and formal education and credentials as implicit in these pathways.”
This shift presents significant new opportunities for the college, with Carter citing the need to mould its existing “10-point” continuing legal education platform into solid streams of study with definitive credentials.
It’s also an opportunity for the college to move “beyond the gateway” to deliver creden-tialled programs such as master’s degrees to legal practitioners.
“We’ve been gateway trainers for a long time, offering graduate diplomas and other qualifi-cations for all manner of first licence – for becoming a lawyer in NSW and other states
– and licences for various kinds of business credentials,” he says.
The evolution of the college will be ongoing, but Carter says the board is prepared to make the necessary investment. “We’re prepared to lead as much as follow,” he says.
“My board’s happy to develop 20-year investment programs. This is about providing better education to the profession.”
The college’s board carries some big names from the profession, all appointed last month at the new company’s first general meeting. The board includes Professor Gillian Triggs, faculty of law dean at the University of Sydney, former Law Council of Australia president Glenn Ferguson, and NSW Law Society CEO Michael Tidball.
NSW Law Society president Stuart Westgarth told the general meeting last month that the society will continue to provide support and input into the future direction of TCOL.
TCOL’s initial new offerings to the profession include four Master of Applied Law degrees across family law, commercial litigation, wills and estate, and in-house practice. Additional courses will be announced in the near future.
an education makeover
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To search Australian and global job opportunities go to www.marsdengroup.com or download our free iPhone App(search iTunes – Marsden Job Search) - legal job searching just got easier.
TIME TO FLY!Amsterdam I Banking & Finance2-6 yearsMagic Circle firm. You will work on a wide range oftransactions including general banking, structured tradeand commodity finance, acquisition finance, projectfinance (especially telecoms), asset based finance andgeneral syndicated lending.
London I In-house2 years +This is quasi-legal role with a major global investmentbank. Essentially you will assess and report on thesuitability of potential new clients, mainly from emergingmarkets, based on several factors arising from verydetailed investigations.
Sydney I M&A3 years +If you have a solid core corporate / M&A skill set thenthis top, internationally regarded practice is interested.Work is varied across sector groups, including energy.Inter-state lawyers and lawyers from smaller firms arewelcome to apply. Must have good academics.
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Sydney I Real Estate4-6 yearsSenior lawyer or junior SA sought to work in a closeknit team as 2IC to partners on impressive, high profilegeneral commercial property matters. You will haveexcellent client contact, be good at businessdevelopment and help mentor juniors.
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Melbourne I E&P4 years +Environment focused role. You will ideally have both E&Pexperience and be Melbourne based with a strong EPAknowledge but inter-state lawyers will be considered.Climate change exposure would be a plus. Genuine careerprogression offered.
Dubai I Corporate3-7 yearsOpportunities are ripe for general corporate (includingcapital market and private equity) and M&A lawyers inDubai and the UAE. This Magic Circle practice has areputation for genuinely fostering its lawyers’ careerprogression.
Dubai I Banking & Finance 5 years +The Dubai office of this UK Magic Circle firm is urgentlyseeking an Associate to join its extremely busy B&Fteam. Market conditions are good and the work isflowing into the firm. Great opportunity and moreovertax free remuneration.
Abu Dhabi I Construction3 years +Construction roles feature prominently in Abu Dhabiat present. Lawyers with a mix of both front andback end experience gained from premier Australianfirms or very well recognised boutiques are in highdemand.
Singapore I Project/Project Finance3 - 6 yearsUS firm with a blue chip international reputation. Youwill be a mid-senior level projects lawyer with eitherproject finance and/or commercial projects experience.Obvious career progression pathway and brilliant salary.Low tax.
Singapore I Corporate4 years +This Magic Circle firm has a strong Asia presence.You will be at a premier firm, preferably with stellardebt and/or equity capital markets experience. Firstclass academics are vital but language skills are not,albeit preferred.
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practiceprofi le
“Everyone continues to hold out hope that the fl ood reconstruction works may change the situation”
DARREN HO, PARTNER, MILLS OAKLEY
I f you’re a building and construction lawyer, chances are things are changing. As the nation fi nally shrugs off the sluggishness brought on by the global
fi nancial crisis, construction lawyers are transitioning from what was an acute increase in back-end work and litigation, to a defi nite upswing in front-end work and new projects.
Put simply, construction lawyers are fi nding they have less to do in terms of resolving disputes arising from projects that collapsed during the GFC, and are once again turning their attention to new and innovative projects in both the public and private sectors.
And while much of the construction industry along the eastern seaboard is still in downturn (or, at the very least, fl at), cautious optimism is creeping into construction practices as recent events make an upswing almost inevitable.
Recovery mode
With a newly elected NSW Government and a string of natural disasters in Queensland, construction lawyers are set for a serious upsurge in business. Claire Chaffey reports
In addition, the controversy surrounding the high-profi le public private partnerships (PPPs) that produced the Lane Cove and Cross City tunnels did nothing to boost productivity, as the private sector decided that investing in similar PPPs would, quite simply, be too risky.
Green points out that despite the diffi culties surrounding the projects, the public still ended up with brand-new infrastructure that didn’t come at the expense of the state.
However, she adds, if PPPs are to pick up again in NSW, circumstances will defi nitely have to change. “The reality is that to do the amount of work the Government needs to do, it is going to have to engage with the private sector,” she says.
“I think we will see a number of PPPs going forward, but they will be PPPs with a different fl avour to what we have seen in the
Man-made disastersIt’s no secret that over the past few years, NSW has reached a level of stagnation in relation to both public and private construction.
While the state was on a high following the infrastructure boom that preceded the Sydney Olympics, the situation went steadily downhill from there.
“If you look at where we were in the year 2000, we were so well positioned,” says Sydney-based Minter Ellison partner Nicole Green. “If we had just kept going, we would have been miles ahead.
“But if you look at how the Victorian economy has progressed over that same period, they are far better placed than we are… The State Government just hasn’t done enough, so now we’ve got major freight issues, major transport issues.”
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If you look at where we
were in the year 2000, we were so well positioned. If we had just kept going, we would have been miles ahead”NICOLE GREEN
practiceprofi le
“It is going to take some time for the new Government to understand the state of business”
JOHN GALLAGHER, PARTNER, DLA PHILLIPS FOX
“There is a cautious optimism ... people are starting to back private development again”
NICOLE GREEN, PARTNER, MINTER EELLISON
It’s typical that change should affl ict the legal profession – as it does most areas of business – during and in the period shortly following a recession.
But, as has certainly been the case with the Australian legal market in recent decades, it’s also typical that such dynamic shifts quickly recede once the market improves.
The global fi nancial crisis has broken all the rules in this regard. According to Middletons managing partner Nick Nichola, the changes wrought by the GFC, and their consequent challenges, are here to stay.
“They are game changing and they’re irreversible. I don’t think we’ve seen that before,” says Nichola.
An example of this profound change is the increased buying power of clients as a result of competition in the legal services market. Clients now have the ability to ask for more from their law fi rms, to work with technology, diversify legal purchasing according to their needs, retain more staff in-house and access cost-saving initiatives such as legal process outsourcing (LPO).
Nichola believes the intensity of the GFC, along with a deep shift in client attitudes, means these changes are here to stay.
“Clients realise they really do have bargaining power and they don’t have to just accept what law fi rms dish up by way of: ‘This is what we charge and this is our method of charging and if you want to use us, well you’ve just got to accept it’,” he says.
The increased use of LPO globally is only going to exacerbate such changes, according to Nichola. “We now have corporations like Deutsche Bank outsourcing a whole heap of their legal functions to LPO. Corporates are talking about LPO, and they’re talking about the savings.”
Ultimately, says Nichola, good management is what will allow a fi rm to survive in such a dynamic environment.
He believes that means good staff engagement, harnessing opportunity – be it opening a new offi ce, offering LPO-like services to clients and/or assisting with clients who are looking to diversify their legal purchasing – and applying a vision to what a fi rm needs to do to stay relevant in the decades to come.
Nick Nichola is speaking at the LexisNexis Practice Management conference, 24-25 May, in Sydney.
Clients are still leading on law fi rm relationships and their enhanced buying power is here to stay, writes Angela Priestley
Best PracticeBest PracticePractice
past. The allocation of risk will have to be reassessed, because you won’t get the private sector contracting on the basis it did before. You just can’t do what we were doing in the past. You won’t get the private sector billing.”
Cautiously optimisticWhile the NSW private sector might still be reluctant to embrace new projects in a state that has made doing business so diffi cult over the past few years, the recent election in which Barry O’Farrell’s Liberal-National coalition dramatically ousted the Kristina Keneally-led Labor government has inspired renewed confi dence in construction lawyers that front-end work will increase.
“If you look at central government, which is what a lot of people are looking to now with the new O’Farrell Government, I think it will certainly be the place to watch,” says Melbourne-based DLA Phillips Fox partner John Gallagher.
“NSW hasn’t had a lot of success in getting big projects up and running, but there are a number that have been identifi ed as ready to roll, such as the widening of the M5, the Sydney Convention Centre, the possible sale of the desalination plant [in Kurnell, in Sydney’s south] and the heavy north-west rail link.”
However, Gallagher adds that while the O’Farrell Government’s plans are exciting, it will take time to get them off the ground. “It is going to take some time for the new Government to understand the state of
business, to identify priorities and get those projects procured properly.
“The fi rst term of the new government is going to be exciting and very active, but I wouldn’t have thought that in the fi rst 12 to 18 months anything more than planning, feasibility studies and procurement studies would be done. I wouldn’t expect to see much on the ground.”
Green, for one, is quietly hopeful that things will be on the up sooner rather than later. “We are in a different space now. We are post-GFC and we’ve got a nice new coalition Government,” she says.
“There is quiet optimism, a cautious optimism, where people are starting to back private development again. There is a fairly big expectation that we’ll see a lot more NSW Government work now. I think the next 18 months will be very exciting.”
Natural disastersWhile NSW’s troubles have been largely man-made, Queensland’s have been unfairly dealt by Mother Nature. But while the fl oods and Cyclone Yasi have been devastating for the state, the fact is that they are sure to result in a much-needed boon for the construction industry.
“Even with the government stimulus over the past couple of years, Queensland is still in the doldrums,” says Brisbane-based Mills Oakley partner Darren Ho. “And as far as the construction industry is concerned, I think the trend will continue to be, in the short term, downwards.”
However, like NSW, lawyers across the state are waiting for an upturn, even if it takes time kicking in. “Everyone continues to hold out some hope that the fl ood reconstruction works may change the situation, but it hasn’t fi ltered through as quickly as one would like,” says Ho.
“But the fact is that things have to be rebuilt. They may not be rebuilt in the same area, they may not be rebuilt the same way, but something has to replace [what was lost].
“Once people work out whether things should be rebuilt, and in the same manner, then they can get to the next step of getting on with it. At that point, the industry must kick up.” LW
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A ustralia is fast becoming an alternative dispute resolution (ADR) hub. In August last year, the Australian International Disputes Centre (AIDC) was opened in Sydney as a rival to the more established
commercial international arbitration centres in Europe, as well as those in Singapore and Hong Kong in the Asia-Pacific.
Initiatives to promote ADR, such as the establishment of the AIDC, have been supported by the highest levels of government, with legislative changes being enacted by the federal and state governments to promote ADR in both commercial and non-business spheres.
Last year, the Standing Committee of Attorneys-General (SCAG) agreed to a uniform scheme to govern all of Australia’s domestic commercial arbitration, which included the adoption of the United Nations Commission on International Trade Law model.
The good fight
Litigators are being encouraged to settle disputes in the boardroom rather than the courtroom. Justin Whealing asks what impact this will have on the adversarial nature of the law
The overhaul of Australia’s ADR system has continued apace since then, with legislation enacted in February that hands power to the Australian Centre for International Commercial Arbitration (ACICA) as the sole default appointing authority under the Australian International Arbitration Act. Previously, the Supreme Court of the various states and territories had this power.
ACICA has a list of more than 100 fellows who can act as arbitrators if called upon. Those arbitrators include current practitioners in Australia and overseas and ex-judges.
With Australia seen as one of the world’s leading lights in the promotion and use of mediation, the current endorsement of arbitration is intended to add more muscle to Australia’s suite of available ADR mechanisms.
“This brings ACICA into line with other strong arbitration centres such as Singapore and Hong Kong,” says Alex Baykitch, the vice-president of ACICA and a partner in the Sydney office of
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international fi rm Holman Fenwick Willan. “In terms of mediation, Australia is in many ways more advanced than jurisdictions such as Singapore and Hong Kong and even England. We have been doing it a lot longer than lawyers in those jurisdictions but, for arbitration, the hope is that Australia will be a viable alternative in the region.”
The undisputed doyen of ADR in Australia is Doug Jones. The ACICA president and Clayton Utz partner was last year elected as the fi rst Australian to head the Chartered Institute of Arbitrators, based in London, a global group of learned professionals with around 12,000 members. Jones has described the recent reforms to Australia’s ADR system as having the “potential to create a new dawn for domestic arbitration in Australia”.
“From the perspective of commercial ADR, the signifi cant issues are the encouragement by governments of a non-binding ADR – that is, mediation – and the introduction by the SCAG of
METHOD HOW IT WORKS
Assisted negotiation
Client and solicitors from both sides meet to discuss and hopefully resolve the issues
Mediation An independent person (mediator) helps the parties to a dispute work out the issues and then provide a framework to fi nd a solution. Mediation is often ordered by a court or tribunal and is also often a clause within commercial contracts as the preferred method of resolving a dispute
Conciliation An independent person, often an expert, helps parties resolve a dispute. Like mediation, the respective parties maintain control of the outcome. Traditionally, a conciliator will provide a more hands-on approach compared with a mediator
Case appraisal
An independent person assesses the case and makes a decision similar to a judgment of the court
Arbitration An arbitrator is appointed to act as a judge and make a decision that is legally binding. Recent legislation in Australia has given ACICA the power to be the sole default appointing authority of arbitrators
* Source: Queensland Public Interest Law Clearing House
ADR: the top fi ve methods
the new domestic arbitration legislation, which has now been enacted in NSW and all the states have agreed to enact,” he says. “This provides a signifi cant opportunity for the revival of domestic arbitration as a different and effective form of binding dispute resolution.”
Throughout this reform process, Attorney-General Robert McClelland has been an active supporter of the push to modernise Australia’s ADR systems. When opening the AIDC in 2010, McClelland said he wanted Australia to adopt a truly “cutting-edge and internationalised” model of arbitration. “We need to do away with unnecessary formalities and get on with identifying and solving the real dispute in issue. And we need to ensure that arbitration delivers swift and cost-competitive outcomes,” he commented at the time.
“This requires arbitrators and lawyers to leave old prejudices and methods behind – arbitration is not court without the wigs. It will also require Australia’s highly regarded courts to respect the fundamental nature of arbitration and provide appropriate support where required.”
Practitioners have certainly noticed the focus by policymakers to try to soften the adversarial nature of the legal system and promote ADR. “There is an increasing trend and pressure from the legislation end to avoid litigation,” says Baker & McKenzie dispute resolution partner Mark Chapple.
“Judges involved in case management want to know if a case has been mediated and if not, to encourage or effectively force parties into mediation.”
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Some courts, such as the Equity Division of the NSW Supreme Court, ask parties to nominate whether a matter is suitable for mediation or other forms of dispute resolution.
Courtroom vs boardroomWhile most lawyers and policymakers extol the virtues of ADR in solving disputes quickly, fairly and at a reduced cost, within an adversarial legal system, litigation is still the preferred course for lawyers and clients in many circumstances.
Allens Arthur Robinson industrial relations and employment law partner Jamie Wells – who counts Rio Tinto, BHP Billiton and the Queensland Government as clients – believes that despite the encouragement of commercial arbitration and mediation, the preferred method to settle workplace disputes is still one that is driven from the client side.
“That decision is usually culturally driven by the view of the organisation,” he says. “Some organisations are much happier trying to sort these things through forums like the Fair Work Australia conciliation process or even to adopt a more informal approach. Other clients might say, ‘We have a policy on this and it has been breached’, particularly if it is an employment dispute, and to settle or keep that person in the workplace could compromise their policies.”
Contrary to popular opinion, Wells says, it is cultural factors, rather than an organisation’s size or fi nancial clout, that are usually the most pivotal in discussions about the best way to handle disputes. “It is completely cultural and not related to size,” he says. “You will often get a top 50 ASX-listed company handle a dispute the same way as a smaller organisation.”
Employment law and industrial relations has become fertile ground in recent years for dispute resolution lawyers. Changes in legislation, the rapid adoption of social media networks such as Facebook and Twitter, and a greater degree of scrutiny surrounding workplace policies in the areas of harassment, bullying and parental leave have had a signifi cant impact on workplace policies and fundamentally changed the nature of the employer and employee relationship.
High-profi le cases such as the $37 million damages claim fi led by Kristy Fraser-Kirk against David Jones and its former CEO, Mark McInnes, have also prompted large corporations to ask their preferred workplace lawyers to run a fi ne-tooth comb over their employment policies to ward off the threat of such a claim being made against them.
Despite the massive publicity generated by the Fraser-Kirk case, and the reputation of David Jones taking a battering, corporations are still prepared to “take a stand” and defend litigation while rejecting overtures to settle despite the cost benefi ts and confi dentiality clauses that would seem to make mediation and arbitration attractive.
“A lot of my large corporate clients would agree that commercial litigation is not desirable because of the legal costs, damages costs and reputation damage,” says Freehills employee relations group partner Kate Jenkins.
“While from a commercial perspective clients would normally lean towards settlement, especially for minor disputes, they will often say, ‘If we settle, it sets a precedent that any time someone wants to leave our organisation, they will threaten to sue us’.
“So for most of my clients, they are often caught between not wanting to settle when they feel they have a strong case, and not wanting to litigate either,” she says.
In addition to employment disputes, there are other matters where litigation or a formal court process, at least initially, is preferred. “Some cases are simply not suitable for mediation,” says Bakers’ Chapple.
“With insolvency matters, sometimes liquidators need to make applications to the court for directions or to have a particular issue decided. Mediation just doesn’t work and it also doesn’t work if you need an urgent injunction.”
Educating clients and lawyersWhile litigation is still a viable option for clients with deep pockets and the stomach for a fi ght, employment and dispute resolution lawyers without expertise in ADR will struggle to build a signifi cant client base.
Mark Chapple, who has more than 25 years of experience as a commercial litigator acting for high-profi le clients such as AMP, Fujitsu and SingTel Optus, says he spends more time out of the courtroom these days and that the mindset of clients and lawyers towards mediation, in particular, is more favourable than it was 10 years ago.
“If you look across the spectrum of clients, there might have been some concerns that proposing mediation themselves might be indicating a sign of weakness,” he says. “I think those days are long gone, because mediation is so common.”
Chapple adds that litigation lawyers are also more accepting of ADR. “I have a reputation as a hard-nosed litigator, but you need to be commercial, realistic and pragmatic when acting for your client,” he says. “Lawyers have to be fl exible and cut their cloth to the situation.”
While corporate Australia views mediation is as a viable alternative with regard to solving corporate disputes, it seems there is still some way to go before other methods of ADR, such as arbitration, are fully embraced.
In a similar vein to Chapple, Holman Fenwick Willan partner Alex Baykitch says he “hasn’t seen the inside of a courtroom much over the past fi ve years”. He acknowledges that despite the best efforts of legislators and legal groups such as ACICA to
“A lot of ... clients would agree that commercial litigation is not desirable because of the legal costs, damages costs and reputation damage” KATE JENKINS, PARTNER, FREEHILLS
“There is an increasing trend and pressure from the legislation end to avoid litigation”MARK CHAPPLE, PARTNER, BAKER & MCKENZIE
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coverstory
advocate arbitration, that does not necessarily make it an obvious choice for clients.
“When it comes to arbitration, clients and corporate Australia still have a long way to go to catch up with their international cousins,” says Baykitch. “In terms of mediation, corporate Australia is across that and keen on it, but there is still a long way to go.”
Although many matters still go to litigation despite the best intentions of the system to dissuade parties to go down such a course, lawyers acting in dispute resolution cannot hope to be successful if they don’t have skills in the use of ADR techniques and mechanisms.
“It is a very competitive market and clients in the commercial space are very discerning,” says Doug Jones from Clayton Utz. “It is critical in order to win that work and to demonstrate to clients that
you can bring to bear all of the tools in that tool kit of ADR, rather than just approach dispute resolution in the traditional adversarial way that has been done by lawyers in the courts.”
New entrants in the legal market attempting to get a slice of the pie have also noticed the promotion of ADR. Last year, Tony Dempsey, former Clayton Utz lawyer and ex-head of the Rugby Union Players Association, started Wisdomdr with ex-Freehills lawyer David Vaux. They have 25 “captains of industry” on their books who help disputing parties and their lawyers to settle disputes.
“Mediators traditionally come from a legal background and are often retired judges or silks,” says Dempsey. “We saw an opportunity to use semi-retired business heads with commercial nous and business acumen to come up with solutions that are commercially driven.” LW
“When it comes to arbitration, clients and corporate Australia still have a long way to go to catch up with their international cousins”ALEX BAYKITCH, PARTNER, HOLMAN FENWICK WILLAN
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ADRprofi le
“In fi ve years we have a
very good chance to be seen as a viable option in the region for a neutral place for holding international arbitration” DOUG JONES, PARTNER, CLAYTON UTZ
Doug Jones is literally running around the world. Speaking to Lawyers Weekly from London, where the local time is 7am, he has already been for a
run and is now showered and ready for the day ahead.
In his role as the president of the London-based Chartered Institute of Arbitrators, which is headquarters to around 12,000 learned professionals, Jones has been criss-crossing the globe. Already this year he has been to India, Dubai, the United States and South Korea, where he was part of a delegation that included the former NSW attorney-general John Hatzistergos and Australian embassy offi cials spruiking Australia as a destination for international arbitration.
There is no let-up in sight for Jones: from London he is off to Hong Kong, Vienna and Japan, always remembering to pack his running gear before he jets off again. Despite all the travel, Jones says he still fi nds time to see the sights. “Seeing the world through running is one of the great experiences you can have,” he says.
Jones combines this role with his practice as a dispute resolution partner at Clayton Utz,
Arbitration’s powerhouseClayton Utz partner Doug Jones is the fi rst Australian to head the world’s foremost arbitration body. He tells Justin Whealing how he balances his multiple professional roles with a love of running
where he is also the fi rm’s relationship partner for the Department of Defence, and as the president of the Australian Centre for International Commercial Arbitration (ACICA). Realising the benefi t of being associated with these global and national arbitration bodies, Clayton Utz has allowed Jones to fulfi l all these duties in 2012.
“I am primarily a partner at Clayton Utz,” says Jones, nipping in the bud any talk of divided loyalties. “This calendar year, which involves my responsibilities with the institute, I have saved up my sabbatical entitlements, giving me a substantial period [around fi ve months] in which I can devote my efforts to the institute without having to be a partner at Clayton Utz all the time. Instead of lying on a beach, I am travelling the world and doing my Chartered Institute thing.”
Before taking up his new responsibilities, Jones had 40 years of experience practising
in infrastructure, litigation and dispute resolution. He joined Brisbane
fi rm Morris Fletcher & Cross in 1971, becoming a
partner in 1976. He moved to Sydney
in 1989, opening the fi rm’s Sydney offi ce, just prior to its merger with Minter Ellison in 1991. Two years later, in 1993, Jones and four
other partners of the fi rm, including
Craig Pudig, now a director with
Macquarie Capital Advisers, joined
Clayton Utz. Back then, Jones was heavily
involved in projects work, particular acting for government clients in public private partnerships (PPPs). With alternative dispute resolution being increasingly encouraged by legislators due to the benefi ts it brings to clients when compared with litigation – particularly in the areas of effi ciency, cost savings and
confi dentiality clauses – Jones realised that dispute resolution lawyers needed skills in this area if they wanted to maintain a signifi cant client base.
“In Australia for the last 20 years, there has been a strong demand from clients for alternative and more sensible ways of resolving their disputes than just court proceedings,” says Jones. “As a result, those of us practising in this area have had to offer clients that expertise.”
Jones has not only built a signifi cant government client base in ADR, he has become the fi gurehead for the campaign to modernise and promote Australia’s system of commercial arbitration. In addition to his role as the president of ACICA, Jones was one of the key people involved in the creation of the Australian International Disputes Centre (AIDC) in Sydney last year and successfully lobbied the Federal Government to adopt the United Nations Commission on International Trade Law model to govern Australia’s domestic commercial arbitration system.
“In fi ve years we have a very good chance to be seen as a viable option in the region for a neutral place for holding international arbitration,” he says. “So that when people talk about negotiating arbitration clauses in the Asia-Pacifi c, they say there is Sydney, Singapore and Hong Kong.”
With four decades of experience in the legal profession and his enthusiasm for promoting Australia on the global legal stage, it is little wonder the esteemed Sir Laurence Street calls Jones “a powerhouse of imagination, zeal, professional skills and competence”. “We are very fortunate to have a Doug Jones on the international plane,” says Street.
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greenfirms
“Our reasons for being involved – even though we’re going to be seen as having the biggest footprint – is because it’s important to our staff, it’s important to our clients and it’s important to our community” Stuart Clark, COO, ClaytOn utz
a ustralia’s first ever report on the environmental consumption of law firms was released last week in an effort to raise awareness and
collectively improve the environmental impact of the country’s legal industry.
Produced by newly formed sustainability association the Australian Legal Sector Alliance (AusLSA), the Environmental Consumption of AusLSA Members 2009/2010 report revealed the carbon footprint of AusLSA’s eight founding executive members, providing a transparent baseline for future sustainability initiatives.
Officially launched by the Honourable Malcolm Turnbull MP, the report exposed the carbon emissions of Clayton Utz, DLA Phillips Fox, Henry Davis York, Jackson McDonald, Maddocks, McCullough Robertson, Norton Rose Australia and Swaab Attorneys.
“The publication of this report demonstrates a significant commitment by the AusLSA executive members,” said Terence Jeyaretnam, the director of sustainability advisory firm Net Balance.
“In Australia, very few law firms have taken the bold step of publicly reporting their environmental footprint. By holding themselves accountable in this way, the AusLSA executive members should be commended for their courage and leadership in working together for the collective good.”
As expected, electricity was the main source
legally greenA pioneering group of Australian firms have taken the bold step of revealing their carbon footprint as the legal industry moves towards becoming eco-friendly. Briana Everett reports
of emissions, with the average electricity consumption of alliance members coming in at 3.1 tonnes of carbon dioxide equivalent (CO2e) per employee.
Second was business travel, contributing to 30.6 per cent of all emissions; not surprisingly, there was substantial variance between firms, with those operating more than one office reporting proportionally more emissions from business travel.
Flights, in all but one firm, were responsible for over 90 per cent of travel-related emissions, standing in contrast to the UK, where flights account for about seven per cent of all emissions. According to the report, this comparison reflects the increased use of carbon-intensive forms of transport such as trains, which is a more effective means of transport in the UK given its geography.
Given the amount of inter-office travel that occurs at law firms, the report identified this as a “quick-win” area for firms looking to reduce their footprint and travel expenditures through the use of technology and planning.
In addition to electricity and travel, the report also included the paper consumption of firms, revealing that despite the availability of new technologies such as iPads, the legal sector is still a heavy consumer of paper.
Results varied significantly among firms, from 80.73 kilograms to 178.1 kilograms per employee, highlighting a key area of improvement for some member firms. On average, 126 kilograms of paper is consumed by each employee every year by each member firm, with Perth-based Jackson McDonald consuming the most per employee.
DLA Phillips Fox, which has just under 1000 employees across Sydney, Brisbane, Canberra, Melbourne and Perth, came in with emissions of 4,751.87 tonnes, Norton Rose measured 4,775.32 tonnes, while Henry Davis York performed relatively well with 1,422 tonnes and 80 kilograms of paper consumed by each employee.
Not surprisingly, Clayton Utz – the only top-tier firm to join the alliance so far – topped the list with total emissions of 10,489.44 tonnes of CO2e. With offices in Sydney, Melbourne, Brisbane, Canberra, Perth and Darwin, and a workforce of more than 1800 employees, flights represented almost 30 per cent of those emissions, while the firm’s paper consumption was 109.9 kilograms per employee.
“Our reasons for being involved – even though we’re going to be seen as having the biggest footprint – is because it’s important to our staff, it’s important to our clients and it’s important to our community,” says Stuart Clark, Clayton Utz’s chief operating officer.
“The challenges of a large law firm are huge. We have huge amounts of travel for clients.
We’ve got the challenge of being involved in huge matters. The consumption of paper is very large – much larger than some other practices.”
While Clayton Utz aims to reduce its business travel and paper consumption where possible through the use of technology, the Sydney office is soon relocating to 1 Bligh Street – a six-star, green-rated office building.
“The biggest thing we’re going to do – the game changer – is moving into the six-star building. It’s designed from the ground up to be sustainableand have low energy consumption. It has a central atrium and the building is double-skinned.”
Clark says the new office will help the firm save 100,000 litres of fresh water a day and cut emissions by 42 per cent,
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How the fi rms rank:total emissionsClayton Utz: 10,489.44 tonnes CO2eNorton Rose: 4,775.32 tonnes CO2eDLA Phillips Fox: 4,751.87 tonnes CO2eMaddocks: 1960.09 tonnes CO2eHenry Davis York: 1,422.80 tonnes CO2eMcCullough Robertson: 1,391.09 tonnesJackson McDonald: 615.70 tonnes CO2eSwaab Attorneys: 224.96 tonnes CO2e
thanks to the building’s double-skin glass façade – a feature designed to improve natural ventilation and reduce the reliance on artifi cial heating and cooling.
Listing the signifi cant changes the fi rm has committed to making, Clark urged other fi rms, particularly other members of the top tier, to take the leap and come on board.
“We’re disappointed that more of the major fi rms haven’t stepped up and said, ‘OK, well, we have the same issues. What are we doing about it?’,” says Clark. “This is about sharing knowledge, sharing best practice and using that knowledge to help each other reduce consumption by regular, steady steps.”
At last week’s launch, AusLSA co-chair and Henry Davis York chief operating offi cer Kelvin O’Connor reminded members of the legal profession that the report is aimed at reducing the impact of fi rms in a collaborative fashion and should not be turned into a league table.
Instead, he said, the alliance’s aim is to capture and disclose data and reduce the impact of the legal industry as a whole, noting the importance of measuring to manage.
Also in attendance at the launch was the manager of AusLSA’s UK equivalent, Micael Johnstone, who emphasised the effectiveness of collaboration – evidenced by the 200-plus members of the Legal Sector Alliance (UK).
Calling for greater participation from Australian fi rms, Johnstone highlighted the greater capacity for knowledge sharing to drive change through collaboration, revealing the massive reductions made by UK fi rms such as Hogan Lovells, which has reduced its footprint by 30 per cent.
Spurred on by the work of the UK and now Australia, the Legal Sector Alliance is making its way to the United States.
“We are now seeing the spread of the same concept in the United States. We’re really excited that three of the major New York and Boston fi rms are getting on board with the USA LSA,” says Clark.
greenfi rms
Australia’s fi rst ever report on the environmental consumption of law fi rms was offi cially launched by the Honourable Malcolm Turnbull MP
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Recognising excellence, innovation and leadership
within the Australian legal profession
2011 categories include:
Life Achievement Award
Young Gun Award
In-house Lawyer or Team Award
Managing Partner of the Year Award
Deal Maker of the Year Award
Law Student of the Year Award
Practice Manager of the Year Award
Box Breaker Award
Talent Manager of the Year Award
2011 Awards
KEY DATES:
Nominations open Friday 8 April 2011
Nominations closeFriday 17 June 2011
Winners announcedThursday 4 August 2011
ANNOUNCING
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l aw y e r s w e e k ly 8 a p r i l 2 011 25
becoming A leader within an organisation is a significant step up in an individual’s career, but a large proportion of managers admit they were not ready to take on the challenges that management brings.
According to a careerbuilder survey, more than one-quarter of managers claimed they were not ready to lead when they began managing a team, and 58 per cent said they never received management training.
The biggest challenge that managers face, according to the survey, is dealing with issues between co-workers. motivating team members, conducting performance reviews, finding the resources needed to support a team and creating career paths for team members were also listed as some of the top challenges.
Acknowledging the difficulties that lawyers face when taking on management positions, law firms have finally recognised the need to provide ongoing management training to promote the development of good leadership skills across the firm.
Lawyers venturing into management for the first time need to network to learn the dos and don’ts of successful leadership. Briana Everett reports
“it’s tough being a leader, and lawyers who are new to management roles generally find it very challenging initially. They have never been equipped with or taught the skills to be a good manager and lead the team,” says Warrick mcLean, general manager at coleman greig and president of the Australian Legal Practice management Association.
Aside from the need for firms to train and support lawyers at all levels, what’s most important, according to mcLean, is the ongoing training and development of those partners being groomed for leadership roles, or those currently in leadership positions.
THe commUTe to and from work is the second most stressful part of a job, according to a new workplace survey.
more than 75 per cent of American employees are stressed by at least one thing at work, according to the 2011 Work Stress Survey, with 14 per cent of respondents ranking low pay as the biggest stressor.
but second on the list – above unreasonable workload and the fear of being fired – was the stress associated with the commute to and from work, with 11 per cent voting it as the most stressful aspect of their job. Annoying co-workers were ranked in the middle with eight per cent, followed by the boss (five per cent), poor work-life balance (five per cent) and lack of opportunity for advancement (four per cent).
“We’ve seen numerous surveys that confirm workplace stress has increased during the last several years and this time we wanted to rank from top to bottom some of the root causes,” said Wendy cullen, vice-president of employer development at everest college in the United States.
“most employers are becoming well aware of the need to address rising employee stress and those who don’t address it are likely to suffer lower morale and productivity.”
The survey, conducted by Harris interactive on behalf of everest college, also found that workplace anxiety levels are high among young adults aged between 18 and 34.
“It’s tough being a leader, and
lawyers who are new to management roles generally find it very challenging initially”
Making it as a manager
said they were unlikely to meet their retirement income needs
careercounsel
of pre-retirees (aged 55) expect to work part-time or a “bit here and there” after they cease full-time employment
25%SOURCE: COREDATA RESEARCH REPORTED BY SMARTCOMPANY
86%
For lawyers hoping to position themselves for a management role and equip themselves to be a successful leader, mcLean suggests networking with peers in other firms to understand what constitutes best practice.
“Speak to staff who have come from other firms and ask them what their previous firm did well,” he says.
“Liaise and network with other professionals in similar roles. The industry is small but people are happy to t mcLean adds that alk – at times very candidly – about the challenges or opportunities they face.”
mcLean adds that lawyers are trained to be critical and measure risk. However, to be a good manager, a lawyer often needs to be creative and a risk-taker.
“Work with good people around you who are always adding value to the firm. continuous improvement is key in a sustainable business,” he says. “Lawyers need to focus on leading by example and developing their interpersonal skills and people management skills.”
The stress factor
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An American federal judge has ruled that it was OK for a lawyer to switch from one client to another.
One of Folklaw’s favourite journals, The Hollywood Reporter, has covered the story of the suite of companies controlled by fi lm executive David Bergstein – including Capitol Films and ThinkFilm, which have distributed some of Folklaw’s favourite fi lms, including Half Nelson and The Story of the Weeping Camel –going into bankruptcy.
Bergstein was a wee bit peeved with the fact that one of the lawyers representing more than two-dozen creditors in the involuntary bankruptcy proceedings used to work for him.
To make matters worse, Bergstein lost that case and also lost an initial motion to have his turncoat lawyer, Susan Tregub, and her splendidly named fi rm, Levene Neale Bender Yoo & Brill, disqualifi ed from the case. He then fi led an appeal against that decision to the US District Court. Bergstein’s new lawyers argued that the fi rm “had acted in concert with Tregub, knowingly using
confi dential information to prepare the involuntary bankruptcy petitions”.
Despite the objections of the fi lm executive, US District Court Judge Philip Gutierrez denied the motion,
stating that “there was no transfer of confi dential information …
suffi ciently material to the case to … support disqualifi cation”.
Folklaw usually thinks it is despicable to switch sides, holding in utter contempt people who change football teams to support a more successful side, or radio shock jocks who may or may not change opinions based on sponsorship agreements.
However, winners are grinners, and Tregub would be smiling now.
Lawyer switches sides and wins
had the power to confi scate the car, they allowed the lawyer to swap seats with his passenger, who apparently completed the rest of the journey through to Italy without incident.
The lawyer later had his licence confi scated and was fi ned close to $1000.
Folklaw wonders how he explained all of this to Miss Moneypenny.
Lawyer shaken but not stirred
folklaw
A SPEEDING lawyer was compared with James Bond by passers-by as he fl ew past in a sports car.
The Daily Mail reports that a British solicitor was clocked doing 237 kilometres per hour in a green Aston Martin V12 on a French motorway last week.
Police stopped the lead-footed lawyer, described as being in his 50s and from the London area, with people hooting their horns and yelling out “James Bond” after he was pulled over.
“People like to see a nice car, even when the driver has been found speeding,” a witness said. “In France, Aston Martin means one thing – James Bond.”
The car must have also impressed the local gendarmerie, as even though the local authorities
A UK LAW fi rm has done the unthinkable. As RollonFriday reports, Addleshaw
Goddard has shockingly banned its staff – including its entire fi nance team – from taking some much-needed time off over Easter to mark one of the most signifi cant events of the year – the upcoming nuptials of Prince William and Kate Middleton.
Now, for those members of the legal profession who are, God forbid, unaware of the details of the biggest wedding of the decade, William and Kate tie the knot on 29 April, over the Easter period.
Thanks to Will and Kate’s good timing, the nation has four public holidays during which to celebrate, so by taking just three days’ annual
leave, everyone gets a nice break of 11 days. But unfortunately for those at Addleshaws, work is apparently more important than celebrating a royal wedding.
According to RollonFriday, a spokesperson for the fi rm said, “There have been requests for time off in between the two bank holidays. We’ve looked at those on a case-by-case basis and approved some. Holiday hasn’t been authorised over that period in business-critical functions such as fi nance, given the close proximity to year...”
That’s too bad for the fi nance team. Folklaw can just imagine Addleshaw’s fi nance lawyers working overtime with the royal wedding screening on an offi ce TV in the background.
UK fi rm ruins royal wedding celebrations
Lawyer shaken but not stirredA SPEEDING lawyer was compared with James Bond by passers-by as he fl ew past in a sports car.
reports that a British solicitor was clocked doing 237 kilometres per hour in a
Lawyer shaken but not stirred
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