The Training Contract & Pupillage Handbook 2015

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2015

The Training Contract & Pupillage Handbook 2015 The Essential Law Careers Guide Crime

Criminal solicitors advise and appear of criminal litigation, such as disclosure, as in court on behalf of both accused well as issues such as confidentiality and persons and the prosecution, handling privilege; and all the usual sorts of problems the full spectrum of offences, from minor that arise during the course of a criminal trial. motoring misdemeanours to more serious There is also a lot of document review and crimes, including murder. They deal with analysis of materials, as well as dialogue with all aspects of the criminal justice system, the UK prosecuting authorities, such as the from the initial police interview to trial Crown Prosecution Service and the Serious before the court. Fraud Office, and regulatory bodies such as the Financial Reporting Council.” James McSweeney’s career path to his current role at a US law firm was somewhat unconventional. James is as an associate in You have to be able to think the London office of Arnold & Porter, but in very quickly on your feet, fact qualified as a barrister before crossing as well as being resilient – over and taking a position there. And he is circumstances can be quite not alone: several other lawyers at Arnold & Porter trained at the Bar and he claims that it harrowing is becoming an increasingly popular route.

“It’s not really that peculiar, either in my team James admits that the main difference or among American firms as a whole,” he between practising in a City law firm and says. “I know of two others that have quite becoming a traditional criminal solicitor is a strong contingent of barristers and I can who is paying. The publicly funded aspect only see that growing. With the pressures of the criminal legal system – even before it on the criminal Bar at the moment, coupled was being squeezed by legal aid cuts – was with the quality of the work at a firm like this, not known as one of the more profitable legal it becomes quite an attractive option for lots areas; whereas insofar as white collar crime of people.” is concerned, companies are likely to have a defence budget as part of their general Although James’ role is identical to that of an litigation expenditure. associate solicitor, there is less opportunity for advocacy than at the Bar or as a solicitor Not only that, but junior associates – and to practising in general crime. The fact that he a lesser extent, trainee solicitors – involved works in the white collar crime department in more general crime work can expect long also means that his day-to-day work working hours and late nights attending diverges from that of many other criminal client meetings at police stations and solicitors, where advocacy is very common. prisons, with little or no preparation time. However, James goes on to suggest that in It is a high-pressure working environment reality, these differences are not as great as that many find challenging, but intensely they may first appear. rewarding. For those interested in criminal matters who might prefer a more structured “The principles of practising in economic practice, James suggests that his specialty crime are exactly the same as those in may be the perfect choice. general criminal law,” he explains. “The work is largely the same. It is developing “The beauty of practising in white collar case theory; handling the technical aspects crime is that you have the luxury of time,”

208 THE TRAINING CONTRACT & PUPILLAGE HANDBOOK Name: James McSweeney Firm: Arnold & Porter LLP University: University of Surrey Undergraduate degree: Law

he explains. “You can go through the case To succeed in criminal law, particularly in theory and consider strategy and approach; general criminal practice, young lawyers whereas at the Bar or as a junior solicitor, should be able to adapt and change with the you may only have 15 minutes to look circumstances, warns James. “You have to through the papers to decide on the best be able to think very quickly on your feet,” course of action before appearing in front he adds. “You have to be resilient as well of a judge. The litigation we deal with is – circumstances can be quite harrowing. sprawling. Investigations take years rather You need to be able to disassociate your than weeks, and the trials last months, not emotions from your professionalism.” days. There’s a real scale issue and that affords you a bit of luxury in terms of time. James also admits that it can be hard to But again, the concepts are exactly the find work experience in criminal law, as same, and the hours and pressures are the most pro bono offices or law clinics, such same as in any other City firm.” as the Free Representation Unit, rarely handle substantive criminal matters, but Matters that James has dealt with recently tend to focus more on housing and social include instructions from a large software security-related work – although these can company in relation to an $8 billion fraud, be excellent in terms of gaining advocacy and the firm’s involvement as the lead experience, which is essential for criminal criminal adviser to Management and solicitors these days. He also suggests Standards Committee of News Corp with organisations such as the Innocence regard to the ongoing police investigations Network UK and Liberty as places to gain and inquiries into matters arising from former a good insight into the way the courts and subsidiary News International. “It is exposure prison system operate. to a set of clients that I wouldn’t have had unless I’d been at the Bar for 20 years,” he In terms of white collar work, experience is enthuses. “While I do miss the cut and thrust even harder to come by, short of making sure – the daily advocacy and the challenges that that you get the most out of any vacation brings, as well as dealing with a multitude of scheme you secure by picking the brains of clients every single week – to be exposed to the people at the firm. It’s also important to the type of work I’m doing now would have keep abreast of the changes that are taking taken years at the criminal Bar.” place with the regulation of companies. “This is still a burgeoning area of practice and While Arnold & Porter only takes on two there is an awful lot going at the moment,” trainees every two years, they are likely James points out. “With the introduction to be given a fair bit of responsibility early of deferred prosecution agreements and on, says James: “There’s no real divide the bolstering of investigative powers for between the senior and junior associates prosecutorial agencies, there is a move and who does what. It’s quite a collegiate towards more of a US-style corporate atmosphere in terms of our spread of work. prosecution culture here. Those things Trainees may well be given research tasks, are quite interesting topics, and if anyone some document review or drafting. It’s also displayed an interest in those topics at possible that they’ll be asked to sit in on interview or during a vacation scheme, it client meetings or meetings with prosecuting would certainly impress.” authorities, and there may well be some direct correspondence for which they would take responsibility.”