PDF Version of Issue 3.6. of the CEE Legal

Year 3, Issue 6 CEE December 2016 Legal Matters In-Depth Analysis of the News and Newsmakers That Shape Europe’s Emerging Legal Markets Across the Wire: Deals and Cases in CEE On the Move: New Firms and Practices The Buzz Across CEE Market Spotlights on Czech Republic and Poland Schoenherr Dispute Resolution Specialists Consider the Rise of ADR Across CEE Building Blocks: The Rise of the Regional Austrian Firm Across CEE Inside Insights Wolf Theiss Partner Tomas Rychly Joins Czech Supreme Administrative Court Inside Out Czech Partner Round Table The Corner Office: First Clients Bigger & Better in Warsaw: DJBW Joins Noerr Experts Review: Dispute Resolution Warsaw, 1-2 June, 2017 3nd Annual CEE General Counsel Summit An invaluable opportunity for any General Counsel wishing to exchange ideas about best practices and preferred strategies with peers from across CEE. To learn more about how you can participate: Radu Cotarcea Managing Editor [email protected] Preliminary Matters CEE Editorial: A Reflection On Three Years Legal Matters And Three Fronts of Conservatism In-Depth Analysis of the News and Newsmakers That Shape Europe's Emerging Legal Markets As I write this edito- requests, we recently published our editorial policies rial, we are celebrat- on the CEE Legal Matters website). ing three years since In stark contrast, when the time comes to answer the CEE Legal Mat- many of our questions – the answers to which, espe- ters website (now cially when aggregated, would add real value and are already on its third uncontroversial in Anglo-Saxon jurisdictions – we version) first went see a considerable reluctance to engage. Informa- online. To say that tion about revenue numbers, PPPs, retention rates, trying to think back and the like, which could be not only interesting to and identify one ma- our readers but downright useful to firms wishing to jor theme that shaped our last few years is difficult benchmark their own efficiency, are inevitably met would be a real understatement, but because David with the sound of crickets. has written up one too many of our recent editorials, that challenge falls on me. Of course, we recognize our own bias on these sub- jects, as our bottom line is dramatically affected by I will use a very broad brush and use the term “con- these conservative approaches. Advertising is the servatisms,” which, in this editorial team’s view, have core component of a commercial magazine’s busi- a considerable impact, not just on our endeavor, but ness model – and limits on the ability of local play- the legal market as a whole. The Editors: ers to engage on a commercial basis deny us access One such “conservatism” comes in the form of lo- to a critical potential market segment. Beyond that, David Stuckey cal Bar associations. We have, over the years, report- impeding the development of corporate firms in [email protected] ed on several situations where a CEE Bar association general means fewer strong players locally looking Radu Cotarcea reacts to a perceived threat from an ever-developing to develop their brands to begin with. But the con- [email protected] and increasingly sophisticated market of corporate servatism of firms also affects us as a relatively new and commercial law firms. Acts taken by these Bar player with (what we believe to be) a strong offering, Letters to the Editors: associations in response to these perceived threats since it is difficult in many instances to circumvent include imposing onerous restrictions on firms’ abil- the “we’ve always used only these platforms as part If you like what you read in these ities to advertise (sometimes, ironically, hand-cuff- of our marketing strategy, and we see no reason to pages (or even if you don’t) we ing their own domestic law firms trying to compete change now” rationale. really do want to hear from you. against multi-office foreign firms that can “out- Please send any comments, crit- source” their advertising to other offices), limiting But this is certainly not meant to be a lamenting ed- icisms, questions, or ideas to us the admission of young lawyers, limiting the ability itorial. Indeed, we have experienced great growth at: of foreign firms to operate, and attempting to dis- over these three years, and (we like to believe) we [email protected] bar members for owning shares in entities in other have contributed considerably towards pushing our jurisdictions – all of which greatly limit, in our view, markets in a direction of openness and transparen- cy. The continued development and maturation of Disclaimer: the ability of the legal services markets in CEE to develop, and, in the process, limit the options for cli- these CEE legal markets is a story we will continue At CEE Legal Matters, we hate boil- to follow – and report on – with great satisfaction erplate disclaimers in small print as ents. This is generally – though perhaps not always, much as you do. But we also recognize or only – the result of Bar management resting in and care in the years to come, and we look forward the importance of the “better safe than the control of an older generation of solo practi- to playing our part in the process. sorry” principle. So, while we strive for accuracy and hope to develop our read- tioners and criminal lawyers resistant to change, this And we invite you, our readers, to continue to pave ers’ trust, we nonetheless have to be ab- situation appears unlikely to go away any time soon. the way towards a progressive approach to these solutely clear about one thing: Nothing in the CEE Legal Matters magazine or The second area where conservatism generates an CEE markets. Continue to file constitutional claims website is meant or should be under- uphill battle is in our mission. We are a news or- where local Bar associations impede evolution and stood as legal advice of any kind. Read- ganization. We pride ourselves on aggregating and open competition, and help us shed light on the ers should proceed at their own risk, and any questions about legal assertions, analyzing useful and comprehensive information in industry in markets where corruption, secrecy, and conclusions, or representations made a timely manner. That said, we regularly receive re- kickbacks have been the norm. Let us know of sto- in these pages should be directed to the person or persons who made them. quests that indicate we’re still perceived more of an ries or developments we should be following. Call us extension of firms’ PR functions, rather than an in- with information, even on an anonymous basis. Let We believe CEE Legal Matters can serve as a useful conduit for legal ex- dependent journalistic platform – or at least the dis- us know what obstacles appear, and what progress perts, and we will continue to look for tinction between the two does not seem to be very is made. ways to exapnd that service. But now, clear. We are requested to identify the firms involved later, and for all time: We do not our- Because reporting on these developments is impor- on a deal in a specific order, to not identify other selves claim to know or understand the tant. Because, after three years, CEE Legal (still very law as it is cited in these pages, nor do firms on a deal, or, sometimes, to take down stories we accept any responsibility for facts as much) Matters. they may be asserted. altogether – even on deals that are already a matter of public record. (In response to these accumulating Radu Cotarcea CEE Legal Matters 3 Preliminary Matters Guest Editorial: It’s the Clients’ World. First. around; find me a lawyer.” But if we re- ent) and internal (for our own motivation ally put ourselves into clients’ shoes, the and well-being). significance of the assertion becomes obvious. Clients should be respected – which un- fortunately is not always the case among Clients are different: they have various lawyers. You can serve someone suc- types of demands, changing preferenc- cessfully only if you have made the basic es, diversified business approaches, and first efforts to step out of your comfort complex decision-making mechanisms. zone and actually understand your client’s In the dynamic client-service provider point of view. Clients are clever; they see relationship there is one basic principle: through us and notice much more that “The clients’ world comes first.” At- we imagine. They feel free and entitled tempts to place the lawyers’ interests first to talk and share the best kept secret of may see the bond between the two start our profession – that lawyers are far from It has always been considered to be the to loosen. perfect – and to point out in which di- alpha and omega of the legal profession. rection we should change and adopt. In The basic assumption that is so often re- Hundreds of law books focus on the the modern world of global law firms, peated. The standing principle: “We (the need for lawyers to become “trusted ad- observing these fundaments becomes a lawyers) are just perfect – all we need is to visors,” “rainmakers,” “eminent practi- challenge like none before. Charts, prof- find the clients.” tioners,” and the like. All these tips and itability models, lockstep, churns, lever- tricks of the trade should be seen as age, etc.: it seems that in the business of For years I have been genuinely interest- minor and additional adjustments to the law these days there is no place for The ed in listening to my clients – associating main principle: “We serve our clients, and Client.

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