Beware The Rogue Recruiter

March 9, 2011 by Damian 

From a recruiter’s point of view, I had a pretty scary conversation with a candidate earlier today.

This candidate is a very senior lawyer currently working in a pretty high profile role. He called me up last week to ask about a particular job which turned out not to be suitable for him. During the course of the conversation, I mentioned another role that I thought would be more relevant to his years of seniority. After hearing about the role, he said that he had already heard about it from another recruiter but would think about whether he wanted to apply or not and would get back to me this week with his thoughts.

He called me up today to let me know that unbeknown to him, the recruiter that he met initially had forwarded his CV to the client without his authorisation. This is just unacceptable behaviour on behalf of the recruiter and should never, ever happen. It is one of the central tenets of being a recruiter – never send a candidate’s CV to a client without their express authorisation.

This situation worries me because when other recruiters act like this, it gives the whole industry a bad name as it smacks of a lack of professionalism, honesty and transparency which should be cornerstones of our profession.

From a candidate’s point of view, it is obviously impossible to stop a rogue recruiter from sending your details out without your approval. However, there are a couple of things that you can do. Firstly, only work with recruiters who you trust. If you are unsure about whether a particular recruiter knows what they are up to, do not work with them. Ask to be removed from their database and go and find someone who you do trust. The recruitment process can be a long and involved one. You will get to know your recruiter pretty well. Make sure you like and more importantly make sure that you trust them.

Secondly, when you are in a meeting or on a call to a recruiter who is talking about various options, stress that is absolutely paramount that your CV only goes to pre-approved firms. Emphasise that point. Feel free to ask for a list of proposed approaches and enquire as to how the approach is going to be made.

Thirdly, ask for regular updates on approaches. Your recruiter should be doing that as a matter of course but if you are not getting the level of information that you need, demand it. It is part of our job to give you it.

To finish up the story of the senior lawyer above, thankfully for the agency involved, he was not too bothered that they had sent his CV off without his prior consent and at the end of the day, he did not get the job. However, he could have kicked up a major fuss and probably should have.

Your CV is a very personal document which should be treated with respect by a recruiter. If yours is not being treated with the respect that it deserves – do something about it!

Clifford Chance To Open in Australia

February 21, 2011 by Damian 

I have written a couple of blogs about Magic Circle firm Clifford Chance’s desire to establish a presence in Australia and after a few years of courting and woo-ing of a number of firms, they have finally taken the plunge and have acquired two boutique corporate firms, one in Sydney and one in Perth, who will become Clifford Chance in May 2011 –

http://www.lawyersweekly.com.au/blogs/top_stories/archive/2011/02/16/clifford-chance-enter-australia.aspx.

This is huge news for the Australiasian legal market, coming on the back of Norton Rose and Allen & Overy’s entry into the market last year and DLA Piper finally bringing DLA Phillips Fox Australia into its family earlier this year.

I have read a number of articles on the potential impact of these firms coming to Australia and the general consensus is that these few firms may be just the beginning because where one goes, most of the rest are sure to follow as was the case in Asia, Central Europe and the Middle East.

Watch this space!

Clifford Chance sizes up options for Australia launch Part 2

December 14, 2010 by Damian 

For anyone who read my post yesterday and has any interest in Clifford Chance’s intention to open an office in Australia, it seems as if the story is starting to gather some real momentum judging by this story in The Lawyer –

Sydney firm Gilbert & Tobin has emerged as the leading candidate as Clifford Chance steps up its search for an Australian tie-up.

The magic circle firm is understood to have held talks with a number of firms in both Sydney and Perth with a view to finding ­merger partners in both cities.

While talks with Cochrane Lishman Carson Luscombe in Perth have stalled, speculation has intensified in Australia that a deal with Gilbert & Tobin is still on the table.

The Sydney firm was launched as a telecoms and media boutique in 1988. It is now a full-service firm with more than 50 partners.

One Sydney-based source said: “They’re ideally set up to merge with a magic circle firm.”

While discussions with Cochrane Lishman have ended, sources in Perth said that a deal could still be ­possible, with the situation currently described as “up in the air”.

One Perth source said: “It’s true to say that with A&O [Allen & Overy] coming here and the investment there’s been in Western ­Australia, it’s something they [Clifford Chance] would like to do.”

A&O launched in Perth and Sydney earlier this year when it swooped for teams of lawyers from Clayton Utz and Freehills.
Norton Rose also established itself in Australia at the beginning of the year when its tie-up with ­Deacons went live.

Asked about Clifford Chance’s search for a ­merger target, another source revealed: “There’s no doubt Clifford Chance has been hard at it and has been for some time.”

Clifford Chance is thought to have pursued an Australian merger ever since informal talks with Mallesons Stephen Jacques concluded in 2008.

The firm declined to ­comment on the story.

While A&O and Norton Rose’s entry into the Australian market was big news, this is absolutely massive news. Gilbert & Tobin are a hugely well respected firm in Australia on their own merits and are market leaders in certain practice areas but if the merger with CC goes ahead, they would automatically leap right to the top of the pack. I am sure that their partners are licking their lips in anticipation…

Clifford Chance sizes up options for Australia launch

December 13, 2010 by Damian 

It looks like the Australian market is bracing itself for the arrival of another international heavyweight, judging by this story in Legal Week :

Clifford Chance (CC) has been looking again at entering the Australian market, two years after informal merger talks with Mallesons Stephen Jaques ended in 2008.

The magic circle law firm has been considering options in the region and has held discussions with a number of firms on the ground in recent months.

Perth outfit Cochrane Lishman Carson Luscombe and Sydney firm Chang Pistilli & Simmons are among those CC is understood to have talked to within the last two months; however, discussions with both firms are now thought to have been concluded.

Seven-partner Cochrane Lishman Carson Luscombe was set up by two partners from Mallesons, Ian Cochrane and Michael Lishman, in 2006.

Seven-partner Chang Pistilli & Simmons was set up the same year by a group of partners from Sydney outfit Atanaskovic Hartnell, including dispute resolution partner Diana Chang and M&A partners Mark Pistilli and Danny Simmons.

News of the talks comes after informal merger discussions between CC and Mallesons ended in 2008 as a result of the market downturn. The firms had previously talked in 1999.

Name partner Ben Luscombe said: “This firm has been approached by inter-state and overseas firms interested in establishing a presence in Perth, but it is not our policy to comment on those approaches.”

CC refused to comment on its intentions but a partner conceded the firm was looking to launch via a team hire.

Allen & Overy (A&O) and Norton Rose have both launched offices in Australia within the last year. Norton Rose tied up with Deacons, while A&O hired a group of partners from Clayton Utz and Freehills.

As the article states, it is not the first time that Clifford Chance has looked at establishing some sort of presence in Australia. However, with the arrival of A&O and Norton Rose, it looks like they have made the decision to look at it again, albeit in a more understated way than was planned with the Mallesons merger.

Looking at it in a broader sense, it is rare that where one international firm goes, the other international firms do not follow (unless you are talking about Slaughter and May). As such, in the coming few years, it would not be a surprise to see some of the other leading international firms making their way ‘down under’ and establishing a foothold in Australia.

Whether any of them will decide to travel the extra few miles to have a look down here is anyone’s guess but it would certainly make life interesting if they did!

New Rules For Migrants In The UK

November 26, 2010 by Damian 

I have just seen this article in the ALB and thought that it would be worth sharing. It seems like not only are there currently fewer jobs in the UK but the government are making it harder for overseas lawyers to have access to them.

Australia lawyers thinking of heading to the UK in the near future will need to consider their options carefully following changes to the British skilled migration rules. From April next year Australians and other non-European Union nationals wishing to work in the UK under the skilled migrant visa will need to have a job before they can apply. The number of migrants able to apply for a skilled migrant’s visa without a job offer has been cut to 1000 per year and will only apply to people of “exceptional talent”. The tier one general category has been widely used by law firms to bring in new recruits from overseas; law firms will now have to apply under the tier two general category for skilled workers, but will be restricted by the new annual migrant cap of 20,700 per year.

“In recent times some employers have preferred for staff to come on a tier one visa, as they don’t require a sponsorship and the individual is responsible for themself. But that option is no longer available to lawyers. If you are a lawyer, you will now only have the tier two option available,” said Mary Horniblow, manager, private practice and international, Mahlab.

Applicants under tier two are required to apply for a visa from the UK Border Agency through the PBS, will have to be of graduate level, be sponsored by an employer and will be awarded points based on scarcity of skills and salary. “Because they have limited the tier two numbers and severely limited the tier one cap, there will be more competition for skilled migrant visas,” added Horniblow.

The new limit will also affect law firms which swap staff with “best friend” firms in other jurisdictions, but will not affect intra-company transfers where the income of the professional is more than £40,000. However, those professionals are limited to a five-year stay. This may lead to more Australian and New Zeland based lawyers trying to get jobs in UK firms with offices locally, said Horniblow.

Australians who can show British heritage can still apply for ancestry visas, while those under the age of 30 may still apply for working holiday visas. However, those professionals who enter the UK on such a visa will need to re-apply for a skill migrant visa if they intend to stay past their 30th birthday or longer than two years.

Notwithstanding the fact that there is now a limited amount of visas available, this is similar to the system that was in place before the introduction of the Highly Skilled Migrant Visa which did seem to work reasonably well.

However, my view is that although these rule changes are understandable given the current state of the market in the UK and the amount of locally qualified lawyers looking for work, if and when the UK market picks up again and staff become increasingly harder to find, they could be very detrimental to UK firms who rely heavily on recruiting overseas lawyers when they are busy.

When that scenario eventuates, I would not be surprised to see some loosening of these restrictions to allow UK firms to hire good quality overseas lawyers in order for them to function properly. When that will be is the million dollar (or pound) question.

Bad News From The UK

October 27, 2010 by Damian 

All of the talk in 2009 was about redundancies. Most of the talk in 2010 was, if not about mass hiring, it was at least about consolidation. The accepted wisdom was that the days of making redundancies were now past. However the news that came out of the UK last week highlights in a very stark way that the dark days have not been consigned to a distant memory just yet.

Here is a summary of an article from this week’s ‘The Lawyer’:

Edinburgh-headquartered McGrigors has launched a redundancy consultation with the aim of cutting 40 jobs across its UK network of offices.

The redundancies are expected to affect fee-earners and support staff and will take place across the real estate, banking, projects and procurement, corporate, and risk advisory practice areas. The redundancy consultation, which began on Monday, is expected to conclude on 1 November.

In a statement a firm spokesperson said: “In May 2009 we announced a series of cost-saving measures which we hoped would allow us to ride out the worst of the downturn, protect jobs and safeguard the long-term health of the business in the event of an economic recovery.

“Unfortunately, over the past 12 months it has become increasingly clear that an immediate recovery is not going to emerge, and that we are instead facing a sustained period of market uncertainty – particularly while the effects of the public sector spending review become clear.

“This is not a matter which has been entered into lightly, and we do so only as a last resort. We’ve always endeavoured to do the right thing by our people and believe that everything possible has been done – such as secondments to clients or other departments, sabbaticals, flexible working, pay freezes – for as long as possible, to avoid this measure.”

McGrigors put in a fairly strong performance in the 2009-10 financial year, with turnover increasing 10 per cent to £69m.

McGrigors last cut jobs in May 2008, when it laid off nine real estate fee-earners (30 May 2008).

What is worrying about this redundancy exercise is that it is affecting not only property but also banking and corporate which are areas that were reportedly getting busier as opposed to contracting. Obviously this round of redundancies could be related to factors specific to McGrigors such as the firm still being over-staffed, poor management decisions or poor performance among other things.

Regardless of the reasons why, it should serve as a timely reminder to all NZ lawyers heading to the UK thinking that things are back to normal, they are not.

Getting The Job You Want

October 15, 2010 by Damian 

It is common knowledge that, although the legal recruitment market is by no means booming, there are, at last, some good opportunities around to consider. In saying that, there are still some talented and experienced lawyers around so the competition for these roles can still be pretty fierce.

So, the question is – how do I make sure that I get the job as opposed to all of the other applicants?

The very simple answer to that question is to convince the employer that you want THAT job, not just A job.

When it gets to interview time, it is a reasonable assumption to make that after looking at your CV and inviting you to an interview, the employer believes that your technical skills are pretty well suited to the role. So, what they will be looking for during the interview is not only the cultural/team fit (which I talk about in a previous post) but also how much you want to work for them, not for their competitor down the road but for THEM.

This will be judged by factors such as how well you have researched the organisation, how knowledgable you are about the sort of work that they have done both individually and as a firm, how well you align your skills, experience, outlook and approach to theirs etc etc. In addition to this, your interviewing style should convey enthusiasm and passion for the role and the organisation. There is no point in saying all of the right things if you don’t say the right things in the right way.

Interviewers will be looking at all of this and their view on how keen you are on their job will form a huge part of their decision making process. To illustrate the point, it is worthwhile giving two scenarios that I became aware of recently.

Both Candidate A and Candidate B are very well qualified, highly educated, confident and personable lawyers who also happen to be looking for a job.

Candidate A was presented with an in-house opportunity which right from the initial conversation ignited a passion in her to get that job. She researched all she could about the organisation, what they did, what their plans for the future area are, watched online videos and basically left no stone unturned in her preparation. Importantly, she brought enthusiasm and passion into the interview. She wanted THAT job and she convinced the employer of that. Naturally then, she got it.

Candidate B was presented with an opportunity which was also of interest, given the skills and experience that she possessed and she very quickly was invited for interview. From the start, however, that passion and enthusiasm for that role was lacking. She did not prepare adequately for the interview, wasn’t aware of some of the recent work the firm had done and had only given the website a cursory glance. From what I can gather, the feedback from the employer was that she could obviously do the job but she did not convince them that she really wanted their job. She was just looking to get out of her current role. So regardless of the fact that she could do the job, she was not offered it.

The message that I am trying to get across is that, in the current recruitment market where it is still not easy to get a good role, it is absolutely vital that your approach from the start is to concentrate on getting that particular job, not any job, just that one. Prepare like it is the only job you are going for (even if it is not) and when you are in the interview, ensure that you convey the right amount of enthusiasm, energy and passion.

If you do that, there is a good chance that you will be made an offer. If you don’t, there is no chance that you will. In this market, getting an interview and not giving it your best shot is a huge mistake as the next role may not come along for some time.

If you are interested in some interview coaching and want to discuss how best to present yourself in an interview, give me a call, I would be delighted to have a chat to you.

Is Australia the New London?

September 27, 2010 by Damian 

After eighteen months or so of pretty stagnant international recruitment and of candidates sitting tight and not investigating overseas opportunities, it seems as if, at last, people are now starting to move offshore.

As everyone knows, the usual route is to do some travelling through south-east Asia on the way to sleeping on some old mate’s floor in Earl’s Court or Clapham, drinking in The Church or The Outback, constantly checking out Easyjet and Ryanair for cheap European weekend getaways and hopefully getting some work with a reputable UK firm between weekends away and following the ABs on their annual end of year tour.

Although there are still a large number of people heading to the UK, I have detected a larger than usual number of people not wanting to go quite so far away and as opposed to drinking in some faux Australian bar in Covent Garden, they are looking to drink in a real Australian bar in Darling Harbour or St Kilda with weekends spent back home in NZ rather than in Estonia or Croatia.

The question that this has raised in my mind is – ‘why are more people now thinking about Australia rather than London’?

I think that there are a variety of answers to this. One of the main ones is simply a perception (and reality) that there are more opportunities for NZ lawyers in Australia than there are in London at the moment. The Australian economy has weathered the financial storm better than most and as such, after some headcount trimming in 08 and 09, most employers appear to be in expansion mode, albeit cautious expansion mode.

Secondly, the Trans Tasman Mutual Recognition Act which means that NZ lawyers can practice in Australia without taking any further exams (and vice versa), makes the transition a lot easier for both candidates and clients. Consequently, employers are much happier to take a NZ qualified on than perhaps any other classification of overseas lawyer and some candidates are delighted that they can effectively just get on a flight and start practising straight away. This development is not a new one but in these days of cautious hiring strategies, taking someone on who does not have any visa or requalification issues is a real advantage to an employer and as the UK tightens up on its visa quota system, it is becoming harder and harder for candidates to get a role over there without a EU passport or ancestry visa.

Another recent development that has, in my view, made Australia a more attractive destination is the arrival of some of the big UK brands into the Australian market. Both Allen & Overy and Norton Rose have entered the playing field (along with constant rumours of other international firms establishing a presence) so it is no longer necessary to go to the other side of the world to secure a role in an international law firm. The threshold to get into these firms is very high, meaning that only very highly skilled and experienced NZ lawyers will make it into one of these firms but their arrival is a signal, if one were needed, that the Australian legal market is one of the most sophisticated markets in the world, staffed by top quality lawyers where you can really grow and develop your career.

As well as the above reasons, I have detected a feeling that the recent economic turmoil has made some people reconsider what is important to them and some have decided that in difficult times, perhaps it is better to be a little closer to home than on the other side of the world. Perhaps, as a result of the GFC, London has lost some of its lustre for people and the ability to move out of NZ but be only a three or four hour flight away is more of a draw card than warm beer, dodgy pies and grey skies.

A stint in a law firm in London is always going to be on a lot of young lawyer’s ‘to do’ list but at the moment, there are more and more people thinking that a stint in a leading Australian law firm is as attractive, if not more so, than a move to London. Whether this trend will continue is anyone’s guess but my view is that as the Australian market becomes more internationally focussed, it is now a genuine alternative to the UK OE and one very worthwhile investigating.

If you do want to have a chat about opportunities in Australia, please get in touch. I would be delighted to talk to you about it.

Beauty Is In The Eye Of The Beholder

September 3, 2010 by Damian 

Sorry – it has been a long time since my last blog but just in case anyone is interested, the reason is that there has been a very recent and delightful addition to the Hanna family which has taken up quite a lot of my and more of my wife’s time!

Anyway back to recruitment. Recently, I have been working with two candidates whose individual experiences, I think, highlight the unpredictability of the job seeking process and how regardless of how good your experience is, the intangible ‘team fit’ can be the most important criteria of all.

Without going into too much detail, these two candidates – Candidate A and Candidate B – have very similar backgrounds. They have roughly the same amount of pqe, come from comparable firms, have experience in broadly similar areas and have the same reason for wanting to move roles.

Luckily for them, I had two good roles for them to consider and both decided to apply for both roles. Based on their CVs, both managed to secure first interviews with both firms and here is where things started to get interesting.

With Firm X, both candidates interviewed with the same people but came out with completely different feedback. Candidate A found the partners to be really warm and friendly, Candidate B thought that they were a little standoffish and distant. Candidate A really liked the sound of the work and Candidate B wasn’t sold at all. Candidate A wanted to progress and Candidate B did not really care whether they made it through or not.

The feedback from the firm mirrored the candidates’ feedback. They really liked Candidate A. They commented on his pleasant and engaging personality and thought that he would be a great addition to the team and moved him through to 2nd interview. The feedback on Candidate B was positive but in the end, it was felt that the candidate just wasn’t a ‘good fit’ for the team and they decided to end their interest there.

On to Firm Y and the situation was almost completely the reverse. Candidate B was much happier with the interview than Candidate A and Candidate B made it through to 2nd interview and Candidate A was not taken any futher, again for reasons of ‘team fit’.

So in the end, the result for both candidates was a positive one in that both managed to secure the job that they wanted over one that they were not so keen on. The question is, given that both candidates were so similar and both interviewed with the same people, why the divergence of opinion from both candidate and client on whether to hire them or not?

The answer to this question is easy to state but very difficult to elaborate on. The answer is that certain people warm to particular people more than others. There is a ‘connection’, a ‘click’, an instant rapport that is struck up with some people and not with others. If this connection or click happens in an interview, you invariably know it and you come out feeling confident and keen to progress. It is equally as noticeable if it is absent which leads one to think more negatively about the role and the employer – a feeling which is almost always felt by the interviewers as well.

What this ‘click’ or ‘connection’ is, I do not know but I do know that it cannot be manufactured or faked. All the interview preparation in the world is not going to matter if that connection is not established. Similarly, some candidates whose experience may not be that strong ‘get over the line’ because the interviewers really liked them and thought that they would be a ‘good fit’. If asked to quantify what a ‘good fit’ actually was, most employers would not be able to give more of an answer than – ‘it’s just a gut feeling that I have’.

The upshot of all this is that no matter how good your experience is, how well you prepare for an interview, the reality is that you will not get every job that you apply for. This is not because of something that you have any control over. It is just because some people get on better with particular people than others do. However, what this also means is that if you miss out on one opportunity because of a lack of a ‘good team fit’, you will almost certainly get the next one for exactly the same reason!

As the situation with the two candidates above highlights, beauty is indeed in the eye of the beholder as what one interviewer likes, another may not. The key is to keep searching until you come across the organisation that is going to see and appreciate your inner beauty over someone elses!

The View From London

July 30, 2010 by Damian 

In my last blog post, I commented on how important it is from a recruiter’s point of view not to exaggerate the overall health of the job market. Bearing that in mind, after talking to my colleagues in London during the week about what is happening over there, this is hopefully a realistic overview of the London market as it currently stands.

However, before talking about what is happening now, I think that it is helpful to briefly rewind and consider how things stood this time last year. Basically, it was rubbish. Firms were laying dozens of people off, morale within the firms was at rock bottom, the deal flow dried up and the end of the world was nigh. The chances of an overseas lawyer securing a role in London was as likely as Osama being invited around to Barack’s house for a cup of tea and a chin wag.

Now, however, things have changed. Whether it is a change of government, a change in perception or just the summer sun shining, it looks like the woes of late 2008/2009 are gone and have been replaced with a healthy but cautious optimism.

It is certainly true to say that the law firms over there are hiring again. It just takes a casual look at sites like Totally Legal and Seek to see that. What is interesting is that, in addition to the litigation roles that you would expect to see, there are now corporate and finance roles being advertised, along with roles in more niche areas such as IT outsourcing and competition/antitrust.

What is even more interesting is the type of firms who are recruiting. It is not, as you would expect, the Magic Circle behemoths who are out scouting about, it is firms in the mid-tier such as Travers Smith, Macfarlanes and SJ Berwin who are leading the charge. There is good talent around and firms like these are making the most of it.

So, there are jobs, that is not in doubt. So where does this leave the Kiwi lawyer who wants to go over and drink warm beer and watch the 2011 Rubgy World Cup in a packed overpriced Walkabout pub in Shepherd’s Bush? Well, the obvious formula is that the more jobs there are, the better chance of a Kiwi lawyer getting one. At a basic level, that holds true. However, it should not be forgotten that this jobs recovery is still in its infancy and there A LOT of locally qualifieds around applying for these roles.

As such, if you are serious about getting something in London, you have to remove as many barriers as you possibly can. Firms don’t want to interview you via video-conference and pay you relocation costs so the best idea is to go to London and be available to interview face to face. (I realise that takes the huge leap of faith of resigning from your safe and stable NZ job but this post is about getting a job in London and if that’s what you want to do, then resigning and going to London is your best bet).

If you are around the 1-2 year level, the best advice is to stay where you are for another year or so. The most competitive place to be is at the UK newly qualified level so if you can avoid getting involved in that bun fight, then I would recommend that you stay where you are, get another 12 months + experience and make your move then.

For those candidates who have 3 years plus experience, a visa/passport and are in London to interview, it is fair to say that there should be options for you to consider. However, it is still not going to be easy. The days of having multiple interviews have long gone and even if you do manage to get multiple interviews, this does not mean that any of those will translate into a job offer. The reason is that firms are now interviewing more people than they used to. You may be up against 8-10 people in the first round of interviews. That is a lot of competition. You have to be patient and make sure that you are working with reputable recruiters who are looking after you and giving you the best advice possible.

If you want to talk to someone about this, please get in touch with us now. We have contacts with a very reputable agency in London who will be able to present you with a wide range of options in private practice over there.

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