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EPA/CRISTOBAL HERRERA Press freedom is too Law Diary Unpaid work — a ‘crucial pillar of justice’ Edward Fennell important to be subject GETTY IMAGES Jonathan Ames the view that it was “job done”. Another City proponent of pro bono is Guy Lawyers are providing more free advice Beringer, the former senior partner at to official regulation than ever — even if many find they Allen & Overy, who chairs the charity Trump rules have no choice but to do so. the Legal Education Foundation. He Drastic cuts to the civil legal aid too is unenthusiastic about a levy. “We “We’re going to make America consultation. Some critics of the budget four years ago have squeezed need to move people away from the great again — I’m so happy!” said David press have complained about delay swathes of clients out of eligibility. idea of a cash grab — it smacks of hy- the phone volunteer at the Trump since 2013. But Section 40 does not Many now start self-financed social pothecated taxation.” victory celebration. What that Pannick, apply until an approved regulator is welfare claims, but run out of money Nonetheless, Beringer is adamant means remains to be seen, but QC recognised by the independent Press before the case finishes. That leaves that a more co-ordinated approach to what is the impact of this “vote Recognition Panel. That occurred lawyers with a stark choice: drop the pro bono is needed. He promotes the against the established order” only on October 25 when Impress matter or go unpaid. idea of a “national booking system for on the legal world globally? was approved. Speaking during the launch on advice — a collaboration between, say, “I would hope that a Trump Next Tuesday the Investigatory The third reason why the Lords’ Monday of the 15th annual National law firms, Google and advice agencies. victory assists the UK in Brexit Powers Bill returns to the House amendment should be removed is Pro Bono Week, researchers claimed We need to combine legal experience trade negotiations with the US,” of Commons. There is one that implementing Section 40 would that the problem of “involuntary pro with strategic thinking.” said Lord Gold of Westcliff-on- remaining issue: whether to retain make no sense. It was the product bono” has worsened since the Legal Beringer moots another innovative Sea, formerly the senior partner a clause inserted by the House of of a late-night deal by the coalition Aid, Sentencing and Punishment of idea: providing secondary specialisms of Herbert Smith Freehills and Lords to put pressure on the press government and the Labour Offenders Act 2012 was enacted. for lawyers when training. Legal highly respected by the American to accept regulation under the opposition after the Leveson Report Twenty or even ten years ago, pro education has become increasingly authorities for his expertise in Royal Charter 2013. MPs should into the appalling conduct bono was a safety net top-up to the specialised, with those destined for City global anti-corruption matters. reject the Lords amendment and the by some journalists. But the legal aid system. Now it has become a practice having scant or no knowledge “Mrs Clinton expressed some Lords should cease holding up the landscape has changed since 2013. crucial pillar to providing access to of social welfare law. “There is definite- negative ideas about the UK passage of this important bill. Most national newspapers justice for many, according to the ly an argument that we are training too negotiating separately with the The bill will provide an improved (including this one) have agreed to coalition of groups backing the pro many lawyers, but do we train enough US once we leave the EU, but framework for the use of regulation by a new body, Ipso. Its bono week in England and Wales housing and welfare benefit lawyers? hopefully Mr Trump will be more investigatory powers by law chairman, Sir Alan Moses, is a (which includes the Law Society, Bar We probably don’t.” receptive. His victory may also be enforcement, security and robustly independent former Court Council and the Chartered Institute of Others are cautious. “Secondary a wake-up call to EU leaders, who Donald Trump wants a justice who will not vote to abolish the Second Amendment — the right to keep and bear arms intelligence agencies. It strengthens, of Appeal judge. Last month Sir Legal Executives). specialism training would work better I suspect are shocked at the result. safeguards and enhances judicial Joseph Pilling (a distinguished Vital projects are being provided by when it comes to advising clients This may encourage them to be oversight. The bill is vital to the former civil servant) published his firms of all sizes across the jurisdiction, with narrow and discreet areas more supportive to a soft Brexit.” protection of national security and review of Ipso, finding it effective but the City of London giants have the of need,” says Paul Yates, the head of This view was confirmed by the combatting other serious crime. and independent. By contrast, most scope and biggest budgets. Last pro bono schemes at Freshfields Europe-watcher and economist How Trump will shape Julian Chisholm, formerly with There is an urgency about these Impress, the official regulator, is an year, for example, Simmons & Sim- Bruckhaus Deringer. “But that sort of matters because the existing (and empress with no empire. No mons launched a “UK access to training wouldn’t work in relation to BP, who said: “The chances of inadequate) law — the Data national newspapers and few local justice” programme, a collaboration advising people who have a cluster of a soft Brexit are improved because Retention and Investigatory Powers journals have signed up. An of the biggest 30 law firms in the connected legal problems.” the EU may be more favorably Act 2014 — has a sunset clause and organisation that regulates Your country to support advice for Some even sound alarm bells over disposed to the UK in the wake the US Supreme Court of Trump’s isolationism.” so expires at the end of this year. Thurrock, but few others, and has no low-income individuals. events such as pro bono week. It is all Lord West of Spithead told the There is much debate over the form well and good, they say, for City lawyers Meanwhile, an encouraging House of Lords last week that his that pro bono should take and its to get together, but there are still wide interpretation of the Trump result America’s highest court is likely to become even more politically partisan experience as chief of defence function. Campaigners vehemently As legal aid is cut, too few lawyers are trained in advice on housing and welfare gaps in legal aid advice. “There is much was also provided by the US/UK intelligence and minister for Enemies of the rule of law: argue that governments should not good work being done, but there are dual-qualified Geoffrey Kertesz of as the president-elect looks to fill the vacant ninth seat, writes James Zirin security and counterterrorism view it as a means by which gaps in legal diverted by the Brexit referendum then existing projects financed by individual still many lawyers at large commercial Bircham Dyson Bell, who said: in the last Labour government Lord Goldsmith, QC aid provision can be filled. left government. firms.” The concern is that practices law firms not involved,” says Simon “Rumours of the end of the world persuaded him that the sooner Plus top skills for Yet governments of varying colours However, Martin Barnes, the chief would simply pay the levy and take Pollock, a partner at Berwin Leighton have been greatly exaggerated. In The US election result will determine ed by various conservative think tanks. The court’s modern partisan divide the bill is enacted the better. in-house counsel — National Pro Bono Week was executive of LawWorks, the pro bono Paisner. “In many cases it is just that we terms of the effect on Americans the future of the country’s Supreme Trump had said that it “will be a began when Ronald Reagan appointed The passage of the bill has been launched in 2001 by Labour’s then co-ordinating body, says that “the have to find suitable projects for them.” in the US and overseas, the Court. Now ideologically deadlocked horrible day if Hillary gets to put her Justice Scalia in 1986. Scalia, unani- delayed because the House of Lords Sign up for free attorney-general, Peter Goldsmith, QC issue of a potential levy has not gone Exclusive to subscribers Barnes agrees. There are pro bono president-elect has signalled at 4-4 since the death in February of judges in”, implying that the right-wing mously confirmed by the Senate, was is angry that Section 40 of the thetimes.co.uk/thebriefemail — have cut legal aid while making away”. Barnes acknowledges that the projects in the capital, but outside possibly ending citizen-based the rock-ribbed conservative Justice future of the court hangs in the balance. determined to push a right-wing Crime and Courts Act 2013 has not purring noises about the benefits of idea of a levy — imposed by the govern- Weird cases Casino London “the picture is much more taxation, reforming the Foreign Antonin Scalia, the justice who fills the Clinton, in turn, wanted to appoint agenda. He became the unabashed been implemented. Section 40 track record, cannot command lawyers providing free advice. Lawyers ment or the legal profession regulators variable.” Account Tax Compliance Act and ninth seat will tip the balance. justices who will pursue a liberal leader of the conservative wing. In the would require a court hearing a confidence about the quality of the may rail against pro bono being manip- — has its attractions. Only two weeks payouts are a gamble repealing US estate tax, any of Accepting the nomination as Donald agenda on abortion rights and cam- most politically partisan of cases, he libel, privacy or similar claim regulation it will provide. ulated by ministers, but the evidence agoTheLawyermagazinereportedthat which would carry significant Trump’s running-mate, Mike Pence paign finance reform. cast the deciding vote in Bush v Gore, against a publisher of news-related Press freedom is far too important suggests that is what is happening. 11 City law firms were paying equity Shareholder activism implications. His isolationist Times Law approach likely translates into a said: “Americans should know that Neither candidate pledged to ap- effectively electing the president. material to apply a presumption for the state to insist on such official Last year, when he was lord chancel- partners £1 million each on average. Editor Frances Gibb while we are filling the presidency for point only justices of vast experience Since the Bush presidency, which as to costs. The claimant would regulation. If Section 40 were to lor, Michael Gove created near panic in A fraction of that profit would fund a What’s on the agenda? short-term, bumpy ride in terms the next four years, this election will de- resulted in the appointments of Samuel normally be awarded costs if suing be brought into force, newspapers the Square Mile when he mooted the few law centres. 020 7782 5000 [email protected] of US foreign policy and the global A year on Deferred economic outlook, but inevitably fine the Supreme Court for the next 40.” ‘The hot issues are God, Alito and John Roberts, the court has a newspaper which is not a member would have a choice of agreeing possibility of a levy on the country’s There would be drawbacks, however, Law report editor Bobbie Scully God,gaysandgunsarethehot-button often voted in partisan blocs, and the of a press regulator approved under to regulation by an, as yet, wealthiest law firms, with the funds to a mandatory charge, warns Barnes. 020 7782 5000 [email protected] there will be a degree of recovery.” prosecutions in action Peter Cohen-Millstein, a US issues coming up before the court. guns and gays, campaign justices admit as much. “We [liberals] the Royal Charter (even if the unimpressive Impress or facing costs raised to prop up courts or the legal aid “I fear that a levy would cannibalise Advertising and marketing corporate partner at Linklaters, Throw in campaign finance and abor- have made a concerted effort to speak newspaper wins the case). risks that would, in practice, make system. Gove was hastily invited to existing contributions from law firms. For print and online: Paul Daoud emphasised the need for stability. tion, and the justices’ work is cut out for finance and abortion’ with one voice in important cases,” said By contrast, the claimant would it impossible for local and national briefings with senior partners, but was Imposing one would risk destroying 07824 560044 [email protected] them. Court watchers speculate that Justice Ruth Bader Ginsburg last year. not normally be awarded costs newspapers to take the risk of thetimes.co.uk “The president should work to three other vacancies may soon occur and deep engagement with the law. Scalia exacerbated the situation in (even if the claim succeeds) if the publishing investigative journalism ensure that US capital markets by reason of death or retirement. Presidents of both parties tend to death as in life. With an eight-person newspaper is a member of the into the activities of litigious people, Lawyer of the week Richard Kovalevsky, QC remain the deepest and most Before the justices of the US appoint US Supreme Court justices bench, the potential for a 4-4 tie is a approved regulator, which provides or doing other than settle their transparent in the world and that Supreme Court go into conference, who share their politics. But presidents reality. In the seven months since his an arbitration scheme. The object of claims when proceedings are Richard Kovalevsky, QC, of concerning public interest — the blend of down-to-earth northern ability to listen and consider the ideas US regulation continues to attract each shakes the hand of the other eight. are sometimes surprised by their choi- death, this has happened three times Section 40 is to put pressure on the brought. And all because some 2 Bedford Row chambers, acted for biggest challenge was demonstrating humour and fierce intellect made him and experiences of your team and an investors and capital seekers.” The ritual is supposed to signify a ces. Earl Warren’s liberal performance in important cases involving unions, press to join an approved regulator. newspapers carried out phone- The Sun journalist Anthony France, that the trial judge, while trying to be an admirable advocate mentor. aptitude to go without sleep. And there was a calming tone shared commitment to the constitution on the bench as chief justice famously immigration and voter registration in The Lords amendment would add hacking and other actions already the only reporter found guilty of fair, had misdirected the jury. from Paul Rawlinson, the global and the rule of law. But over the past disappointed Dwight D Eisenhower. North Carolina. In all, Scalia’s presence a similar provision to the unlawful in civil and criminal law. paying public officials in the What’s the oddest thing that has What law would you enact? I would chairman at Baker & McKenzie. 15 years the justices have been deeply David Souter surprised George HW on the court would have probably Investigatory Powers Bill. James Madison, one of the US Metropolitan police’s £12.4 million What’s the best decision you’ve happened to you? The courtroom amend the Bribery Act to include a “Our firm’s decades of advising divided, making partisan decisions in Bush. Franklin D Roosevelt wanted to changed or else reinforced the out- There are three reasons why the constitution’s founding fathers, said Operation Elveden, and who was taken as a lawyer? To focus on is a serious place, but occasionally it public interest defence; it would rarely clients navigating the global cases left and right by 5-4 and 6-3 votes. reward the Dixiecrats for their support come. If changing judges changes law, Commons should overturn the Lords that in matters of press freedom it is cleared in the Court of Appeal. defence work. It has been a rewarding erupts into pure theatre. One trial was be used but be important in cases economy means we are used to Now the judiciary looks set to in the 1936 election so he appointed we may ask what law is. amendment on this subject. First, “better to leave a few of its noxious journey and I have been fortunate to delayed because a juror refused to evidenced by the use of a very old dealing with volatility. President become even more politicised. The Hugo Black, an ardent New Dealer. And whoever fills the Scalia seat, because the Commons should reject branches to their luxuriant growth What were the main meet remarkable people including come out from under a table; and offence, “misconduct in public office”, elect Trump’s views on trade is one president-elect wants to appoint justi- Roosevelt was confident as to how if the American public widely holds the Lords’ attempt to hold such an than, by pruning them away, to challenges in this case? Adrian Kerridge, the ground I was swept up into a bizarre hamster to prosecute journalists. area that our clients will want us ces of “similar views and principles” to Black, who had served in the Senate for that the Supreme Court is but just important bill hostage on issues of injure the vigour of those yielding Mr France was convicted breaking owner of Lansdowne conversation while cross-examining to watch closely, but it is too soon Justice Scalia, who will not vote to abol- a decade, would come out on his another political branch of govern- press regulation that are far from the proper fruits”. The secretary of in May 2015 and had Recording Studios, and Sir David the prosecution witness Freddie Starr. How would you like to be to say what the impact will be on ish the Second Amendment, which social and economic programs. He ment, it will eventually abandon all central to the bill’s purposes. state should leave “luxuriant growth” his first application to Jones, who brought Next back remembered? As a devoted father, the North American Free Trade guarantees certain gun rights. overlooked the fact that Black was a trust in judicial decisions, and we will The second reason is that the to regulation by Sir Alan Moses. the Court of Appeal from the brink of bankruptcy. What’s the best advice you’ve a dependable friend, an enthusiastic Agreement or other agreements. Trump’s first list consisted of six former Ku Klux Klan member, who had be well on the road to anarchy. secretary of state for culture, media rejected. I was asked to received? Take the case and your (if hopeful) skier and someone who However, we hope we don’t see a retreat into an overtly federal appeals court judges appointed spoken out against the Catholic and sport, Karen Bradley, announced The author is a practising barrister represent him and renew Who has inspired you in your client seriously, but don’t take yourself made a difference to society through protectionist America.” by the Republican president George W Church at Klan meetings throughout James Zirin is a former partner at the last week that there will be a at Blackstone Chambers, a Fellow his application for career? Without doubt too seriously. the lives of those I have represented. The ride into the unknown Bush and five state supreme court Alabama. On the bench, Black turned New York office of Sidley Austin and ten-week consultation on whether of All Souls College, Oxford, and a leave to appeal. The my pupil-master, starts here. justices appointed by Republican out to be a staunch protector of the author of Supremely Partisan — Section 40 should be implemented. crossbench peer in the House of Lords. case focused on Jonathan Turner, Which three qualities should a Linda Tsang governors. All are white, and eight of constitutional rights and one of the How Raw Politics Tips the Scales in the The merits and disadvantages of He has advised many newspapers complex issues QC. His unique lawyer have? An inquisitive mind, the [email protected] [email protected] the 11 are men. They were recommend- most influential 20th-century justices. US Supreme Court (Roman & Littlefield) Section 40 can be argued in the on issues of regulation