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.