DOCSLIB.ORG

Solicitor-Advocates Take Silk

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Solicitor-Advocates Take Silk Solicitor-advocates take silk The international journal of gacommercial and trearty arbitration Richard Woolley NEWS 14 January 2015 l-r from top: Wendy Miles, Thomas Sprange, Simon Nesbitt, Audley Sheppard and Peter Turner The list of new Queen’s Counsel in England and Wales includes five solicitor- advocates, all of whom focus on international arbitration, plus barristers specialising in the area. Peter Turner of Freshfields Bruckhaus Deringer, Audley Sheppard of Clifford Chance, Simon Nesbitt of Hogan Lovells, Wendy Miles of Boies Schiller & Flexner and Thomas Sprange of King & Spalding all make the 93-strong list published today. They are named in the order they appear in the list, which reflects seniority. A 2001 admission as solicitor-advocate, Sprange, at 42, is the youngest QC appointed this year. All are based in London except Turner, who is a partner at Freshfields in Paris (he handed leadership of the practice in that city to Noah Rubins last year). Sheppard and Miles both head their firms’ global international arbitration groups – Sheppard alongside Jason Fry in Paris – while Sprange has led King & Spalding’s London group since it was formed three years ago. From 2013 to 2014, Nesbitt co-led the Hogan Lovells’ international arbitration practice with Miami-based Daniel Gonzalez. He relinquished that role and his partnership at the firm late last year – accepting a consultancy position instead. The remaining 88 silks made in this year’s round are all barristers, including international arbitration specialists Zachary Douglas and Ricky Diwan, who practise from Matrix Chambers and Essex Court Chambers respectively. This article was first published in the Global Arbitration Review online news, 14 January 2015 www.globalarbitrationreview.com The international journal of gacommercial and trearty arbitration Of the seven silks featured in this report, two are from New Zealand (Miles and Sheppard) and two from Australia (Sprange and Douglas). They join a clutch of NEWS Australasian international arbitration specialists who have already taken silk in England, including New Zealander David AR Williams QC and Australian Karyl Nairn QC of the London office of Skadden Arps Slate Meagher & Flom. Miles joins three other female solicitor-advocate QCs who specialise in international arbitration. Judith Gill QC of Allen & Overy was the first to take silk in 2009, followed by Nairn and Paula Hodges QC of Herbert Smith Freehills. Across the board, female appointees increased by 39 per cent this year. According to the independent selection committee, the number of female applicants remains “stubbornly low”. “It is a real honour to be appointed Queen’s Counsel and to have had the opportunity to work with such great clients, lawyers, firms, judges and arbitrators and institutions over the years,” says Miles, who left Wilmer Cutler Pickering Hale and Dorr last September after 15 years with the firm. “So many people have provided so much encouragement and support along the way.” “I’m delighted that the international arbitration community is so well represented in this year’s round,” Nesbitt tells GAR. “For me, it’s particularly exciting as I’ve made a conscious move away from law firm partnership, towards focusing on my passion for advocacy in international arbitration, as well as accepting more appointments as arbitrator.” Nesbitt declined to confirm reports that he will now move to the bar. Of the barristers appointed, Diwan was called to the bar in 1998 having previously practised at Debevoise & Plimpton in New York. Douglas also did not start out as a barrister, having been a solicitor-advocate at Freshfields until 2005. He is also a renowned academic: in 2011 he joined the faculty of Geneva’s Graduate Institute of International and Development Studies after four year’s at Cambridge University. The appointments are made by the Queen on the advice of the Lord Chancellor, Chris Grayling and the 10-strong selection committee. A ceremony will be held in London on 16 February. Last year, 100 new silks were appointed in England and Wales, with that list too featuring five solicitor-advocates specialising in international arbitration. They were Matthew Gearing of Allen & Overy, Nic Fletcher of Berwin Leighton Paisner, Paula Hodges and Matthew Weiniger of Herbert Smith Freehills and Constantine Partasides of Freshfields. Fletcher has since moved to the bar, practising from 4 New Square, while Partasides left Freshfields to found Three Crowns. This article was first published in the Global Arbitration Review online news, 14 January 2015 www.globalarbitrationreview.com .
Load more

Recommended publications
  • The Student's Guide to the Leading Law Firms and Sets in the UK
    2021 The student’s guide to the leading law firms and sets in the UK e-Edition chambers-student.com Connect with us on cbaK Travers Smith’s mix of formal and informal training is second to none. It enables those coming fresh from law school to quickly become familiar with complex concepts and provides them with the necessary tools to throw themselves into their team’s work right from the start. www.traverssmith.com 10 Snow Hill, London EC1A 2AL +44 (0) 20 7295 3000 Contents Law school The Solicitors Qualifying Exam (SQE) p.37 An introduction to the SQE with ULaw p.41 Solicitors’ timetable p.43 Barristers’ timetable p.44 The Graduate Diploma in Law (GDL) p.45 The Legal Practice Course (LPC) p.49 The Bar Course p.52 How to fund law school p.55 Law school course providers p.57 Contents https://www.chambersstudent.co.uk The Solicitors Qualifying Exam (SQE) The Solicitors Qualifying Exam (SQE) From 2021 there’s going to be an entirely new way of qualifying as a solicitor replacing the GDL, LPC and training contract. If you’re thinking ‘SQE OMG!’ – don’t fear: here’s a quick guide. What’s going on? volve a practical testing ‘pilot’ with students. The regula- In winter 2016/17 the Solicitors Regulation Authority tor has stated that it expects various other providers (i.e. (SRA) dropped a bombshell on the legal profession: it was probably law schools and the current GDL/LPC providers) going ahead with its plan for the Solicitors Qualifying Ex- to offer preparatory courses for both stages of the SQE.
    [Show full text]
  • Frequently Asked Questions on Complaints And
    Frequently Asked Questions on (iii) All relevant documents/correspondence 9. How does the ASDB deal with a complaint? Complaints and Disciplinary Proceedings Against relevant to the subject-matter of the (a) The ASDB will deliberate on a complaint to ascertain Advocates and Solicitors complaint; and whether there is merit on the issues as alleged; (iv) Chronological narration of all record of (b) Should there be merit in the complaint, the ASDB 1. What type of conduct can a complaint be based on? meetings and phone calls, record of documents may proceed to embark on the following: A complaint may be based on the professional misconduct or and/or correspondence to and/or from third (i) Direct that a DC be constituted to conduct a unsatisfactory professional conduct of a solicitor. party witnesses, and list of potential witnesses formal inquiry; or where applicable. (ii) Issue a Notice to the solicitor to appear to 2. What is professional misconduct? tender an explanation before the Board; and 5. What is the ASDB? Professional misconduct covers a broad range of acts and (c) Should there be no merit in the complaint, the ASDB The ASDB is a statutory body established under section 99(3) circumstances. Examples (the list is not exhaustive) may include: will dismiss the complaint without a formal hearing. (a) Dishonesty/Fraud; of the LPA. It is a body entrusted with powers to conduct (b) Contravening the Legal Profession Act (“LPA”) 1976 disciplinary proceedings against advocates and solicitors and to mete out appropriate punishments. 10. What is the composition of the DC? and any Rules or Rulings made there under; Three members; two of whom shall be legally qualified and one (c) Being found guilty or convicted of a serious offence; 6.
    [Show full text]
  • Statement of Standards for Solicitor Advocates – Performance Indicators
    Solicitors (Scotland) Act 1980 section 25A (http://www.legislation.gov.uk/ukpga/1980/46) Rights of Audience in the Court of Session, the High Court of Justiciary, the Supreme Court and Judicial Committee of the Privy Council Statutory requirements: 1) Completion to the satisfaction of the Council of a course of training in evidence and pleading in relation to proceedings in the Courts to which rights of audience are sought 2) Has such knowledge as appears to the Council to be appropriate of (1) the practice and procedure of and (2) professional conduct in regard to those Courts 3) That the Council is satisfied that the applicant is, having regard among other things to the applicant’s experience in appropriate proceedings in the sheriff court, otherwise a fit and proper person to have a right of audience in those Courts Rules C4:1 Rights of Audience in the Civil Courts (http://www.lawscot.org.uk/rules- and-guidance/section-c-specialities/rule-c4-solicitor-advocates/rules/c41-rights-of- audience-in-the-civil-courts/), C4:2 Rights of Audience in the Criminal Courts (http://www.lawscot.org.uk/rules-and-guidance/section-c-specialities/rule-c4-solicitor- advocates/rules/c42-rights-of-audience-in-the-criminal-courts/), C4:3 Order of Precedence, Instructions (http://www.lawscot.org.uk/rules-and-guidance/section-c- specialities/rule-c4-solicitor-advocates/rules/c43-order-of-precedence,-instructions- and-representation/), and Representation and C4:4 Conduct of Solicitor Advocates (http://www.lawscot.org.uk/rules-and-guidance/section-c-specialities/rule-c4-solicitor- advocates/rules/c44-conduct-of-solicitor-advocates/) apply.
    [Show full text]
  • LAW BRIEFING: Barrister - the Basics
    The Careers Service. LAW BRIEFING: Barrister - the basics * Also includes information on Solicitor Advocate* 1) Academic Stage You must have a qualifying UK law degree, ie, an undergraduate law or law/dual degree – check using: www.sra.org.uk/students/academic-stage.page. If your first degree is non-law, you will need to complete a conversion course (GDL/PGDipLaw/CPE) - check providers and fees at: www.lawcabs.ac.uk. For further information about conversion courses see ‘Law Briefing: Getting into Law as a non-law student’. During you studies, find vacation mini-pupillages in chambers. This type of job shadowing/work experience usually lasts no more than a week and is essential to help you understand the work of a barrister and assess if it really is the job for you. Some chambers require applicants to undertake a mini-pupillage at their chambers if they wish to be considered for full pupillage later on. For more help with work experience, see ‘Law Briefing: Work experience’. NB: Most chambers prefer second year applicants. Use your first year to get other forms of work experience, such as court visits. Consider work experience in solicitors firms (made via speculative applications) to reassure yourself that being a barrister is the right choice. Getting non-law experience like a student job, volunteering or involvement in sports, clubs and societies is a great way to develop a range of skills you would need to be a barrister – see ‘Law Briefing: Skills for Lawyers’ and ‘Law Briefing: Commercial Awareness’. Read the legal pages of the newspapers regularly.
    [Show full text]
  • How to Use a Solicitor in England and Wales
    How to use a solicitor in England and Wales Easy Read Do you need a solicitor? Solicitors give advice about the law. They are experts and can help you understand your rights and solve different legal problems you may have. There are many areas of law and different legal problems. For example, if you need help with a lease if you want to complain about a service or if you feel you lost your job unfairly. 2 If you need a solicitor you should choose one who knows the law about the problem you have and can help you. This guidance will tell you about what to expect when you use a solicitor. It also tells you how you can get the best and most suitable help for you. Finding a solicitor You can find a solicitor in different ways. Local advice agencies such as a law centre or Citizens Advice Bureau can recommend solicitors. You might like to talk to friends, family or local groups about their experiences. 3 You can also find solicitors through the Law Society at: www.lawsociety.org.uk/ FindASolicitor If you are arrested and kept in custody at a police station you can get free legal advice. If you are charged with a criminal offence and you need to go to court, you may be able to get free legal advice. Meeting your solicitor When you have chosen a solicitor you will need to make an appointment. If you need to see a solicitor urgently the solicitor should try and see you as quickly as possible.
    [Show full text]
  • Defamation and Social Media
    Features Defamation and social media Encouraging the public to interact with your organisation through online message boards is increasingly popular, but there are pitfalls in allowing comments to be posted online. Mark Scodie provides guidance to prove that you have taken ‘reasonable care’ as to for organisations on avoiding legal what is published on your page if it bears a set of house rules setting out which kind of contributions liability for defamatory postings are welcome and which are not – making it clear Mark Scodie that abusive, racist, defamatory and/or intimidating Solicitor Many membership organisations and regulatory content will not be tolerated. T: 020 7551 7672 bodies now use social media to raise their profile and [email protected] communicate with stakeholders. However, operating a Secondly, a careful judgement then needs to be made page or message board over which you maintain some about how those rules are to be enforced. Broadly, Mark has wide-ranging editorial control could make you jointly liable for any dispute resolution there are three options: experience servicing defamatory material published on your space by other 1. Pre-moderate every comment before it appears on a number of sectors, social media users. So how do you engage with social the page. (Social media sites vary as to whether coupled with a specialist media whilst guarding against such legal liability? interest in all forms of page operators may do this.) The advantage in media-related disputes. The law of England and Wales provides that anyone doing so is – hopefully – to ensure that no material contributing to the publication of a defamatory is ever published that breaches your own house statement bears joint responsibility for it – journalists, rules or gives rise to any legal complaints.
    [Show full text]
  • Practice Direction 23 Court Applications
    Practice Direction 23 Court Applications Date Issued: 21 June 2013 Date Implemented: 24 June 2013 Date Last Revised: 26 January 2015 SUMMARY Role of Reporters and General Principles Reporters are to: • promote the general principles in relation to the welfare of the child being paramount, views of the child and minimum intervention as they apply to court applications1, • be fair, knowledgeable and proficient in relation to relevant statutory provisions and court procedures, and • in proof applications make all reasonable efforts to bring about a prompt decision in relation to the application. Process of proof applications A proof application must be made within 7 days of the grounds hearing. The court rules set out the form of application. A proof application must be heard within 28 days of being lodged. Jurisdiction of proof applications An application in relation to offence grounds must be made to the sheriff who would have jurisdiction if the child were being prosecuted for the offence. For non-offence grounds, the application must be made to the sheriff court district where the child is habitually resident. On cause shown, the sheriff may remit any application to another sheriff court. Service, attendance and representation in proof applications The sheriff may dispense with (i) service of all or part of the application on the child, and (ii) the attendance of the child. Reporters must include information on dispensing with service and attendance in the application (if applicable). On receipt of the warrant to cite, the reporter must forthwith serve this and a copy of the application on the child (unless service has been dispensed with), each relevant person and any safeguarder.
    [Show full text]
  • Annual Report 2016–2017
    Annual Report 2016–2017 Annual Report 2016–2017 Published pursuant to section 18 of the Judiciary and Courts (Scotland) Act 2008 Laid before the Scottish Parliament by the Scottish Ministers SG/2017/132 © Judicial Appointments Board for Scotland (JABS) copyright 2017 The text in this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as JABS copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries regarding this publication should be sent to us at: Judicial Appointments Board for Scotland Thistle House 91 Haymarket Terrace Edinburgh EH12 5HD E-mail: [email protected] This publication is only available on our website at www.judicialappointments.scot Published by the Judicial Appointments Board for Scotland, September 2017 Designed in the UK by LBD Creative Ltd Annual Report 2016–2017 Contents Our aims ii Foreword 1 Introduction and Membership 3 Committees and Groups 6 Diversity 11 Appointment Rounds 12 Meetings and Outreach 20 Tribunals 21 Complaints 22 Freedom of Information 23 Secretariat 24 Website 25 Financial Statement 26 Annex 1: Board Members and Lay Selection Panel Members 27 Annex 2: Board Member Attendance 33 i i JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND Our aims are: To attract applicants of the highest calibre, to encourage diversity in the range of those available for selection, and to recommend applicants for appointment to judicial office on merit through processes that are fair, transparent and command respect.
    [Show full text]
  • Solicitor Not on the Record
    Solicitor not on the record Purpose: To provide assistance to barristers who find out that their solicitor is not on the court record Scope of application: All practising barristers Issued by: The Ethics Committee Issued: April 2019 Last reviewed: May 2020 Status and effect: Please see the notice at end of this document. This is not “guidance” for the purposes of the BSB Handbook I6.4. Issue: a barrister is instructed by an instructing solicitor to represent a lay client at a hearing. The barrister is told or finds out that the solicitor is not on the court record. What should the barrister do? Answer: nothing. 1. A barrister can provide reserved legal activities (including advocacy at court) if s/he is instructed by a professional client, a licensed access client or a public access client. There is nothing in the BSB Handbook or the Legal Services Act which requires that the person instructing the barrister to attend court must have conduct of the litigation. 2. Indeed, it is axiomatic that when a barrister is instructed by a licensed access client, the licence holder will not have conduct of the litigation. The same applies in a public access case when the barrister is instructed by an intermediary. 3. The Law Society recognises that solicitors may act for a client on a limited retainer. This is called ‘unbundling’. It is usually so that the client can save money. The Law Society guidance1 says: ‘The essence of unbundling in its purest form is that 1 At the time of review in May 2020, the Law Society guidance was awaiting updating to reflect the replacement of the SRA Handbook (version 21) by the SRA Standards and Regulations on, and with effect, from 25th November 2019.
    [Show full text]
  • Cessation Of/Change in Practice and Disciplinary Proceedings
    Cessation of/Change in Practice and Disciplinary Proceedings CHAPTER 13 CESSATION OF/CHANGE IN PRACTICE AND DISCIPLINARY PROCEEDINGS 13.01. Notice to Bar Council (1) An Advocate and Solicitor shall within 14 days of any change: (a) in the address of his/her place of practice; or (b) of his/her place of practice (eg if he/she moves to another firm); notify the Bar Council in writing in the form and manner as the Bar Council may prescribe from time to time and shall comply with the Rules on Cessation of, or Change in, Practice. (2) Any Advocate and Solicitor who: (i) ceases practice as a sole proprietor but continues to practise: (a) as a partner in a firm (other than by reason of the admission of a partner); (b) as an employee; or (c) as a consultant; or (ii) ceases practice as a partner in a firm of Advocates and Solicitors but continues to practise: (a) as a partner in a different firm of Advocates and Solicitors; (b) as a sole proprietor; or (c) as an employee or a consultant; or (iii) ceases practice as an Advocate and Solicitor altogether whether temporarily or permanently; shall within 14 days thereof notify the Bar Council in writing in such form and manner as the Bar Council may require from time to time. 33 Rules and Rulings of the Bar Council (3) Without prejudice to the foregoing the Bar Council may in its discretion impose such terms or conditions on, or give such further or other directions to the Advocate and Solicitor concerned as it may consider appropriate and may require the Advocate and Solicitor concerned to attend before the Bar Council or its nominated committee to provide such clarification or to answer such queries as may be required of, or put to, him/her.
    [Show full text]
  • Adam Mckinlay
    Advocates Library, Parliament House, Edinburgh, EH1 1RF Telephone: 0131 226 2881 Facsimile : 0131 225 3642 DX ED 549302, Edinburgh 36, LP3 Edinburgh 10 Adam McKinlay Year of Call: 2018 [email protected] 07753 267455 Professional Career to date Devil Masters: Chris Paterson, Dan Byrne, Sarah Livingstone 2017-2018: Devil, Faculty of Advocates 2015-2017: Solicitor Advocate & Associate, Brodies LLP 2012-2015: Senior Solicitor, Brodies LLP 2010-2012: Solicitor, Brodies LLP 2008-2010: Trainee, Brodies LLP Education & Professional Qualifications Lord Reid Scholarship, Faculty of Advocates (2017-2018) Chartered Insurance Institute, Diploma in Insurance (2014) Diploma in Legal Practice, University of Edinburgh (2008) LLB (Hons) (First Class), University of Edinburgh (2007) Academic Prizes: Lord President Cooper Memorial Prize (2007) – Honours Student of Outstanding Distinction John Hastie Scholarship (2007) – best performance in Ordinary courses by an LLB graduate Miller Prize (2005) – class prize for Commercial Law Tods Murray Scholarship (2005) – combined prize for Commercial and Property Law James Craig Howie Memorial Prize (2005) – combined prize for private law subjects McGrigors Prize (2005) – combined prize for Commercial Law, Property and Taxation Margaret Balfour Keith Prize (2004) – class prize for Public Law Thow Scholarship (2004) – class prize for Obligations Areas of Expertise Professional Liability Construction and Engineering Commercial Contracts Commercial Property Public Law, Judicial Review and Human Rights Alternative Dispute Resolution Professional Experience Adam called to the Bar in 2018 as the Lord Reid Scholar 2017-18. Adam’s areas of practice are commercial and public law. He has a particular expertise in professional negligence actions. He also regularly acts for clients in construction, property and contractual disputes and has significant experience of obtaining interim orders.
    [Show full text]
  • Practice Note the Official Solicitor to The
    PRACTICE NOTE THE OFFICIAL SOLICITOR TO THE SENIOR COURTS: APPOINTMENT IN FAMILY PROCEEDINGS AND PROCEEDINGS UNDER THE INHERENT JURISDICTION IN RELATION TO ADULTS Introduction 1. This Practice Note replaces the Practice Note dated March 2013 issued by the Official Solicitor. 2. It concerns: (a) the appointment of the Official Solicitor as “litigation friend” of a “protected party” or child in family proceedings, where the Family Division of the High Court is being invited to exercise its inherent jurisdiction in relation to a vulnerable adult1 or where proceedings in relation to a child aged 16 or 17 are transferred into the Court of Protection; (b) requests by the court to the Official Solicitor to conduct Harbin v Masterman2 enquiries; and (c) requests by the court to the Official Solicitor to act as, or appoint counsel to act as, an advocate to the court3. The Note is intended to be helpful guidance, but is always subject to legislation including the Rules of Court, to Practice Directions, and to case law. In this Note “FPR 2010” means Family Procedure Rules 2010, “CPR 1998” means Civil Procedure Rules 1998 and “CoPR 2007” means Court of Protection Rules 2007. 3. For the avoidance of doubt, the Children and Family Court Advisory and Support Service (CAFCASS) has responsibilities in relation to a child in family proceedings in which their welfare is or may be in question (Criminal Justice and Court Services Act 2000, section 12). Since 1 April 2001 the Official Solicitor has not represented a child who is the subject of family proceedings (other than in very exceptional circumstances).
    [Show full text]