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.
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.
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.
Don’t Believe All That You Read (Apart From What Is In This Blog)
July 13, 2010 by Damian
There is a well worn adage that you shouldn’t believe all that you read. However, as the legal press is pretty conservative, I, like most people, generally take most of what I read on face value.
People read these industry magazines to get an informed view of current events and from a recruitment point of view, to get a steer on trends and movements within the job market. As such, when people read an article commenting on the state of the job market, the message that the article conveys will permeate into that marketplace and create among the readers a perception of what the reality is.
However, when I read this article in the Australian Lawyers Weekly, it reminded me of the dangers of doing such a thing and of the responsibility that people in our industry have to give a realistic view of what the market looks like.
www.boxbreakers.com.au/News/Now-what-.aspx
The majority of this article is in fact a very informative discussion about whether lawyers who have had their pay frozen for 12 months should expect a pay rise to reflect that. There is also some very helpful comment about the dangers of jumping out of one’s current role on the basis of a minimal pay rise.
However, one of the commentators takes the discussion into a completely different realm when he states:
‘It’s an amazing market. Absolutely amazing. For a candidate it’s the most buoyant market I have ever seen.”
I have to say that I found this comment to be ‘amazing’. To make comments like the one above, in my view, gives job seekers a completely unrealistic view of their chances and is counterproductive. Any candidate reading those comments will think that it is now easy to get a job and in the event that they don’t, they will be wondering what is wrong with them.
“It’s the most buoyant market ever and I can’t get a job – what is wrong with me?”
I understand the hypocrisy of commenting on someone else’s opinion with my own. I am also aware that this article relates to the Australian rather than NZ market. However, I work closely with an agency based in Australia and the message that they convey to me is a lot different to the one above. Yes, things are better; yes, firms are hiring; yes, if you have a strong background, you should be able to get a job but according to them, it is not an ‘amazing market’, it is not a ‘buoyant market’ and to give people the impression that it is is a dangerous message to send.
UK firms remain wary despite elevated recruitment figures
April 23, 2010 by Damian
The title of this post is the title of an article from the latest edition of the UK’s The Lawyer magazine which you can read here – http://www.thelawyer.com/1004112.article.
The tenor of this article sums up for me exactly the uncertainty in the recruitment market at present and the influence that the press has on people’s perception of the state of that market.
What I mean by this is that the first sentence of this article states:
“The UK’s top 25 firms are back in recruitment mode, with an estimated 2,133 people having been brought on board to UK offices in 2009-10 alone.”
I am sure that everyone reading this would think – ‘brilliant – now it’s time to dust off the CV because I’m outta here’.
Well ‘no’ I’m afraid. The next sentence states:
‘However, the total number of hires is still exceeded by the 2,370 people firms made redundant during the downturn, suggesting management caution has far from subsided.”
The article goes on to state that :
‘The highest numbers of hires were made by two firms with large volume businesses, Irwin Mitchell and Eversheds, which recruited 414 and 293 people respectively’. This sounds positive for your chances at Irwin Mitchell and Eversheds – yes? Well ‘no’, the next sentence states:
“Since late 2007 Irwin Mitchell has laid off 16, while Eversheds parted company with 735.’
So the question remains – are firms back in recruitment mode or not?
This article does not answer the question and shies away from coming to a conclusion, finishing off instead with a very bland non sequitur from the Chief Executive of DLA Piper, (incidentally a firm who made more redundancies than most). So what was the point of the article? To be honest, I am not sure as it seems to give hope to people but then tempers it with caveat upon caveat.
What this article highlights to me is that no-one knows what will happen in the coming months, not even the esteemed journos at The Lawyer. The market is still going through a lot of uncertainty and how long it will take for this uncertainty to be removed, is anyone’s guess.
As for whether I, sitting down here in NZ, am going to come to a conclusion as to the state of the recruitment market in London, well if the journos at The Lawyer aren’t going to, then neither will I!
However, if you are thinking about making the move to London or elsewhere, please get in touch with us. We would love to have a chat to you about your background and what we can do to help you over there.
Around The World (In Just Over 1100 Words)
April 14, 2010 by Damian
Sorry for the delay since my last post but sometimes life gets in the way of blogging and we have to deal with more important things than legal recruitment. However, I am back on board now and think that it is a good time to give an overview of what is happening in the recruitment markets worldwide at present.
I have seen one of my competitors advertising that London law firms are now receptive to approaches by NZ lawyers. After speaking to my colleagues over in London last week, my view is that this is not quite the whole truth. It is the case that more jobs are coming on to the market in London. As a consequence of this, firms will not quite have the same pick of top quality candidates that they have had in the last 12-18 months and as such, they may have to reconsider who may or may not be suitable for their particular roles. As the locally qualified talent pool becomes more diluted, employers will have no choice but to look at overseas qualifieds to fill the gaps.
However, what is outlined above is not the reality just yet. Sure, I have heard anecdotal evidence that NZ lawyers in London are securing interviews. The caveat to that is that they are probably being interviewed along with 6, 8 or even 10 other people. In the candidate v law firm power struggle, the firms still hold all the power. Firms are still being very discerning about who they employ and they are willing to take their time to find the right person. As I write this in April, it is still going to be a rare occurance that that ‘right person’ will be an overseas qualified lawyer.
Don’t get me wrong – the market over there is improving. There is a general consensus that the worst is gone and that it is now time to look at and plan for the future. This forward planning, however, will be cautious and gradual but as it continues to take shape, opportunities for top quality overseas lawyers will come about. It is fair to say that those who are in the UK with their visa status secured will be at the vanguard of this trend. It is also fair to say that the most attractive prospects will be those with 3+ years experience. Candidates with less than that will struggle due to the enormous amounts of locally qualified junior lawyers who have fallen victim to the GFC over the last 12-18 months.
Looking further afield, the bottom has dropped out of the offshore markets completely. A search this morning on Seek for jobs in the Cayman Islands turned up one job and there is not one job being advertised for the Channel Islands. Compared to 2 years ago, this is an astonishing drop off in demand. Judging by what I have heard, it will take a very long time indeed for these markets to pick up from a recruitment point of view. The current economic crisis has fundamentally affected these economies and until these jurisdictions work out what place they now occupy in the economic world, opportunities in these island paradises will be very scarce.
The Middle East seems to be at an interesting juncture at present. It had the most spectacular fall from grace of all as dozens and dozens of lawyers were retrenched or made redundant. The simple fact is that the whole region was massively overlawyered and when the work dried up, there was very little for anyone to do. It is very doubtful that the Middle East region will ever be quite so attractive as it was a few years ago but it is showing some signs of recovery.
Some of the larger firms in the region have started undertaking some major projects and have consequently started to look for staff again. The catch is that they are being absolutely inundated with quality applications. However, if the big firms continue to be busy, it is likely that activity among other firms will start to pick up, thus increasing opportunities for lawyers to come back again. How long this takes is anyone’s guess but I would suggest that we are at least 6-12 months away from there being many options for NZ lawyers in the Middle East.
Which leads us on to Asia – the shining light, it seems. My colleagues in Hong Kong say that the place has gone ‘gangbusters’. A lot of this activity has been in the insolvency/restructuring area but they are starting to receive instructions from firms on the look out for corporate and finance lawyers as well. China is obviously behind a lot of this activity and opportunities are opening up in China and surrounding regions as well as in HK.
With every bit of positive news comes the sobering news. Yes, there are positions in Asia but employers are now looking foremost at people with language skills or some ties to the region. It is not to say that it is impossible without either of these but it does make life a lot harder if you don’t speak the lingo or have a particular reason to want to move there.
Finally, to our good friends across the Tasman. The media has painted the picture that Australia is in great shape and is back to normal. Having spoken to people over there, it seems, again, that this is not quite the case. The economy is improving but this has not translated into large numbers of new jobs yet. Yes, firms are starting to recruit again but as in the UK, they are being overwhelmed by the amount of quality applications and are in no rush at all to fill the roles. Locally qualified lawyers are still the most attractive so, even though NZ lawyers can practice over there, Australian employers will still favour Australian lawyers if given the choice.
So, where does all of that leave the NZ lawyer desperate to head offshore? Well in summary, the legal recruitment world is in better shape than it has been since mid 2008. Confidence in the future is up and firms are generally making positive noises about increasing headcount in the coming months. However, at present, competition is fierce, employers are still in control and locally qualifieds still are the most attractive option.
If you can hang on for another 4-6 months, I think that you probably should. However, if you can’t stand it any more and you just have to move, then my advice is to be flexible as to what you will look at, be patient as the process will take a long time and when given the opportunity to attend interviews, make sure that you perform to the best of your ability.
I look forward to looking back (if you know what I mean) at this post at the end of 2010 and comparing how things are like then to what they are like now. It will be an interesting comparison!!!
Biggest News of the Year So Far!!
February 9, 2010 by Damian
By far the biggest news story of the year so far in the legal recruitment world has just broken with the news that UK Magic Circle giant Allen & Overy is opening in Australia -
http://www.lawyersweekly.com.au/blogs/top_stories/archive/2010/02/07/allen-amp-overy-to-open-shop-in-australia.aspx.
This is a huge story. There have been murmurings for years about UK firms either setting up in Australia or merging with an established Australian firm (which recently just happened with the Norton Rose/Deacons merger) but the naysayers consistently said that the rewards would not justify the potential risk and that the referral arrangements that already exist between UK and Australian firms work perfectly well, thank you very much.
However, A&O obviously think differently and are jumping straight into the top tier in their chosen areas. This will make them an extremely attractive choice for UK lawyers wanting to spend some time in Australia as well as giving local lawyers the opportunity to get a Magic Circle law firm on their CV without even leaving the country. However, it does not take into account that a lot of people want to experience a different culture at the same time as furthering their career so it may not necessarily be the chosen route for many who may prefer to work for A&O in London, rather than A&O in Sydney or Perth. There is no doubt that they will be able to attract the very best graduate lawyers but time will tell whether they will be able to offer enough to keep the very best intermediate lawyers in Australia, rather than losing them offshore.
What this means for New Zealand law firms and New Zealand lawyers is a very interesting question. I would imagine that the lure of working for A&O in Australia would be very attractive to NZ lawyers but as is the case in London, only the very best will stand a chance of securing a role there.
Also, it does raise the question whether any international firms think that doing a similar thing in NZ would be a good idea. Obviously the quality of lawyer is good enough here but are the deals (and the fees) big enough? It would seem that because of the total lack of any speculation of this kind whatsoever that the answer to this question is ‘no’. The firms who have a referral relationship with A&O will be rubbing their hands. Other firms may be a little afraid!
Encouraging News From London
January 20, 2010 by Damian
I received an email from one of my colleagues in London this morning which should give those people thinking of going to London some hope.
The tenor of the email was that although it is still very difficult for an overseas lawyer to secure a position in London, some firms are now are starting to look at overseas lawyers again.
The catch is that, as it stands, you really need at least 3 years experience from a leading firm, have a work permit (i.e. do not need to be sponsored) and be on the ground in London for interview.
I realise that these criteria are reasonably hard to meet but for those that do meet them, it looks like there may be some opportunities for you at present. For those that don’t, I’m afraid that the best advice that I can give is to sit tight and wait for the market to develop further and take your chance later in the year.
If you would like to have a chat about this in more detail, feel free to give me a call!!