Dealmaker: Clydes' Richard Power on court embarrassment, shifty clients and why litigators are like undertakers
Power, who joined Clydes in 2015 from BLP, on real law, velvet jackets and a 13-year 'simple' debt claim that saw him through to partnership
August 25, 2017 at 06:23 AM
5 minute read
Richard Power is a partner in Clyde & Co's litigation department. He joined the firm in 2015 from Berwin Leighton Paisner (BLP), where he led the firm's energy disputes practice and co-led its international arbitration group. He made partner at BLP in 2010.
Why did you become a litigator? Mostly because I love problem-solving, but partly through sheer contrariness. When I was a trainee in Durban, South Africa, I had a particularly aggressive supervisor who told me I'd never make it as a litigator. When I returned to the UK I came to realise that he was wrong: you don't have to be a Rottweiler to be a good dispute resolution lawyer.
Which judge or barrister do you most admire and why? John McCaughran QC (One Essex Court) is not only brilliant, but also a complete gent. He is a pleasure to work with. His subtle advocacy is compelling and chimes with my belief that you don't have to be overly aggressive to achieve results.
What's been your proudest professional moment/moment in court? Being made up to partner. …and worst day on the job? When I was a trainee in Durban my supervisor told me to go the applications court in Durban magistrates' court and ask for "the usual order". I asked what that was, and he told me not to worry, the magistrate never asks. The court was packed, with a lot of my friends from university waiting to do their applications. I stood up and asked for the usual order and lo and behold, the magistrate asked me what the usual order was. To the laughter of the gallery, I turned bright red and asked to have the application stood down, and dashed out to use the public telephone (this was the days before mobile phones) to ask my supervisor what I should do. There was much laughter on the other end of the line and he just told me to come back to the office.
What's the best/worst thing about being a litigator? The best thing is the constant variety. One day is rarely the same as another; there are a myriad of different problems to solve, issues to address and strategies to formulate. The worst thing is the marketing. We're like undertakers – no one wants you around when the going's good, only when the bodies start turning up, and it's quite difficult to market that kind of service.
What's the funniest thing you've ever witnessed in court? I was attending the cross-examination of a bankrupt in the Royal Courts of Justice. The trustee's QC stood up and asked the bankrupt to confirm his name, which he did; and then to confirm his date of birth. The bankrupt answered "which one?", which the QC was clearly (and understandably) not expecting. Shaken, he asked "what do you mean?", to which the bankrupt replied: "Do you mean the one on my passport, or the one on my birth certificate, or the date I think I was born?" The cross-examination went downhill from there.
How do litigators differ from deal lawyers? With the utmost of respect to my transactional colleagues, we do real law – black letter law. I appreciate that deal lawyers also need to know the law, but dispute resolution lawyers are often testing the limits of it.
What most annoys you about the legal profession? Impracticality and point-scoring. It's petty and increases costs.
What's your strongest characteristic…and worst trait? My strongest characteristic is having a sense of humour. Sometimes the job can become a bit stressful, and it can help to remember to smile and have a joke. My worst trait is attempting to put Latin phrases into correspondence. I'm one of a dying breed that considers that Latin phrases can encapsulate a concept better than a number of English words.
What's the worst corporate event you've ever attended? I went to drinks hosted by a now-defunct barristers' set. The two barristers who I knew didn't turn up, and I knew nobody else there. It was one of those evenings where every attempt I made to strike up a conversation died a slow and agonising death, with the conversation drying up, people coughing politely and suddenly finding someone else to talk to. To cap it all, the snacks were super-heated and I burned the roof of my mouth.
Most memorable case you ever have worked on and why? I undertook a 'simple' debt claim for a retail bank when I was a junior associate. It wasn't over until 13 years later, in which time I had got married, had two children and been made up to partner. That simple debt claim spawned four Chancery Division cases, two trips to the Court of Appeal, a bankruptcy, two detailed assessments of costs and an emergency injunction. It was my Jarndyce v Jarndyce, but we won in the end.
Do you see yourself having a career outside law? It's too late for that. A leopard can't change his spots.
What's your favourite TV depiction of a litigation lawyer? Harvey Specter from Suits. Who wouldn't want to be Harvey?
What's your favourite item of clothing? A black velvet jacket that I bought many years ago. I might wear it to work one day.
What's your favourite cheese? Epoisses de Bourgogne. It smells awful but tastes great. To quote Monty Python, it's a bit runny.
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