The challenges of the modern Bar: this year's Stars at the Bar on how they made their mark
Getting a grip on marketing, building an international practice and managing clients and costs - the route to the top of the Bar isn't easy
February 03, 2016 at 08:03 PM
7 minute read
Today's junior members of the commercial and chancery Bar look upon their practices with an increasingly international eye, bolstering London's position as a centre for international disputes.
Anton Dudnikov, of Essex Court Chambers, says that "pretty much all of my cases have a strong international element". Dudnikov, a specialist in Russian and CIS work, says clients find it helpful he is a native Russian speaker; "as a result, I've picked up some really interesting, varied work", ranging from a Russian fine art dispute to a US $175m fraud trial for a Russian bank.
For him, being bilingual "makes it super easy to connect with clients and they trust you. It also means I can read Russian documents and pick up nuances that only an English-trained lawyer would see".
As Edward Ho (pictured right), of 20 Essex Street notes: "The big challenge for young barristers is appealing to general counsel and in-house teams, as well as solicitors, in a competitive international market."
Ho says the vast majority of his clients are foreign states, or state-owned companies. "That, in large part, reflects the sectors in which I increasingly specialise: energy disputes for instance often involve Middle Eastern, South American or Far Eastern entities,"
Like Dudnikov, and Fountain Court's Tetyana Nesterchuk, London's Russian oligarchs and other successful businessmen from the Soviet bloc also form part of the clientele in large-scale commercial litigation, as it does for many of this year's Stars.
Chancery barristers are also looking abroad. Laura Newton, of Wilberforce Chambers, who moved to that set from the now-defunct 11 Stone Buildings in September 2015, was "conscious of Wilberforce's strong connections internationally and its offshore work," calling it "a major draw for me".
Newton says: "In most of the cases in which I am currently involved, one or both parties are based out of the jurisdiction and there are often elements of foreign law involved."
She says: "International and offshore work is increasingly important to the commercial Chancery Bar generally," and is "one of the mainstays of chambers' work".
It's a trend confirmed by senior clerks as well; Alex Taylor, of Fountain Court Chambers, says his set has used the junior Bar to "help fledgling international law firms in London by providing secondees, for example".
For Taylor, all commercial barristers have "a responsibility to help ensure that overseas clients remain confident in resolving their disputes in London, as opposed to other legal centres around the globe".
Ultimately, the Bar is a service industry and sets of chambers need to be well organised and well run in order to meet the service levels that clients demand
His is not the only set to do so: one of the first assignments given to 4 New Square's Daniel Saoul, was a three month secondment to Conyers Dill & Pearman in the British Virgin Islands.
Marketing in practice
Saoul says that part and parcel of growing an international practice means the role of chambers in attracting instructions is extremely important.
"Whilst I am of course self-employed and take a lot of responsibility for my own marketing and winning my own work, as in any business there is strength in numbers," he says, adding that such a process is a team game.
Doing it well and across the set, he says, "is a massive asset. The reality is that one now has to do this to compete and progress". Having worked at Herbert Smith Freehills before qualifying, he says "the penny has now definitely dropped."
Gemma Morgan (pictured right), of Quadrant Chambers, says that clerks were a big help at the beginning. "They certainly played the primary role in developing my practice at the start of my career, when I had no client base to speak of and relied rely very much chambers to bring work my way."
Like Saoul, she says, as her practice has developed, "marketing has become much more of a partnership between me and the clerks". Darren Burrows, senior clerk at One Essex Court, says management at the Bar is more professional than it was 10, or 15 years ago, driven by the demands of clients and market forces.
"Ultimately, the Bar is a service industry and sets of chambers need to be well organised and well run in order to meet the service levels that clients demand," he argues.
That, he says, includes a clear business development strategy that the individual barristers also have to buy into. It's a view shared by John Leadley, Baker & McKenzie's global head of litigation, who believes that management at the Bar is "unrecognisable" compared to 15 years ago.
"They have come on leaps and bounds in terms of their approach to marketing and relationship-building with law firms, which is now much more sophisticated and professional and generally on a par with what most law firms are doing."
Leona Briggs, head of litigation at Osborne Clarke, gives one example; most sets now employ very proactive professional and marketing managers, much like law firms.
Managing clients and costs
In the main, partners are positive about the service given by juniors. Rory Conway, a disputes partner at Linklaters, says the commercial Bar has become increasingly user-friendly, both in terms of responsiveness and availability, as well with regards to "practicality and commercial-mindedness of the advice provided".
We will often use baby barristers to settle claim submissions because it is a lot cheaper
Kenny Henderson, special counsel from Covington, agrees awareness of client needs is improving, but notes that "cost-effectiveness is difficult to measure. Hourly rates are generally fairly competitive but, he warns, "Brief fees can be eye-watering."
Another senior partner at a City law firm told Legal Week that at the bottom end of the scale the Bar remains cost effective, saying: "We will often use baby barristers to settle claim submissions because it is a lot cheaper for them to do so."
"At the top end of the scale, of course, it is a different story," he adds. Herbert Smith Freehills disputes partner Damien Byrne-Hill agrees, noting outside the senior end, there is a lot of flexibility, and "a lot less stuffiness about how instructions are delivered, what barristers are asked to do, and how they engage".
Delivering a good service
Joe Ferrigno, who became joint senior clerk at Essex Court in January, says his set is "very much focused on delivering excellent client service" especially with regards to maintaining good client communication.
Those who succeed, he says, "are those who are able to easily fit within teams and to provide friendly and supportive assistance" to associates.
For Craig Morrison (pictured right) of Brick Court, the key to that service is "to be willing and able to work together on all aspects of the case, as part of a single team".
"Solicitors (and clients) want to know that their counsel can help with any issue that might arise, and expect that we will be involved at every stage of the proceedings," he advises.
"This is invaluable in ensuring that we are involved in the nuances and details of the case from the outset, and, equally importantly, ensures that solicitors get to know us at an early stage"
Clear communication, says Morrison, "helps the entire team to pull together to ensure that the proceedings go as smoothly and successfully as possible," with "repeat instructions being the measure of success".
For profiles of the 2016 Stars at the Bar, click here
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