Betfair founder backs new ABS Brilliant Law

Matthew Briggs
Thursday 17 January 2013 by John Hyde

A team of non-solicitors with financial support from the founder of betting exchange website Betfair has announced its arrival into the legal market.

Former Minster Law chief executive Matthew Briggs (pictured) and one-time BSkyB director Jeremy Fenn will be joint managers of Leeds-based Brilliant Law.

The firm, which will work on a corporate rather than partnership structure, will offer a fixed-fee service to small and medium-sized businesses and start-ups and was approved as an alternative business structure last month.

Briggs said his management team, which includes the former We Buy Any Car marketing director Paul Coulter and ex-Sky director John Swingewood, represents the first true ‘pure-bred ABS start-up’ since the Legal Services Act came into force.

Gambling entrepreneur Bert Black, who became a multi-millionaire through the betting exchange Betfair, is believed to have invested a seven-figure sum into the firm.

Fenn, who spent three years as managing director of Leeds United Football Club in the 1990s, was chief executive of Sports Internet plc when it was sold to BSkyB in July 2000 for £300m.

‘The firm is headed by a team renowned for challenging the markets within which they operate’, said Briggs.

‘[Bert] has disrupted the gaming sector and has always had a view on legal services that they could and should be delivered in a more consumer-centric way.

‘This firm is founded by non-lawyers which is a radically different scenario to other law firms. That brings with it innovation and a commercial appreciation but also mechanisms to market ourselves differently.’

Briggs, who began his career in the offshore and motor sectors before becoming chief executive at Minster Law, said the firm currently employs five solicitors and six support staff. The aim is to be employing up to 400 people within three years.

Briggs will seek further external investment in the third quarter of 2013 and has not ruled out Brilliant Law floating on the stock exchange in the future.

The firm will offer clients a package of legal services for a fixed fee, which can include advice on employment, non-contentious shareholder agreements, company formation and dispute resolution.

Comments

Brilliant Start?

May I quote directly from the Gazette as to what the past President of the American Bar Association said on the topic of the Alternate Business Structure:

"What you need to understand is that from the US perspective, the Model Rules start and end with a focus on the interests of the client,' he said. 'There is a strong sense that in the ABS approach there is an inherent conflict of interest. Investors invest to make money and, as we say, "he or she who has the gold makes the golden rule". They don't bring a higher quality of practice or integrity"

So the above quote is a reminder that in the USA, that high temple of capitalism, there is little support for the potential contamination of the Legal system represented by the
ABS.

This will I think all end in tears, but in the meantime solicitors not inspired by the prospect of their profession being deskilled and commoditised in this fashion, expect the SRA to act as an impartial regulator.
The initial signs in this context are not encouraging.

ABS Brilliant Law

What can you say. Now law firms are being run by individuals running gambling lines and cash for car schemes. I note they will be looking to employ 400 people (not solicitors a fairbet!) over 3 years.

Welcome, corporate lawyers to the world that PI lawyers have had to exist in for the last 10 years. Unless you act now to create a cooperative to compete in respect of the marketing you will be handing your business over to quick buck merchants before you can say "we will buy any case.com"

I hope the law society impress on the law colleges to have the decency to cut dramatically the number of places on the LPC courses. Qualification is irrelevant now and to see the amount of debt that the young people are accumulating in their pursuit of training contracts is heartbreaking.

Shame on all who have collaborated in reducing law to this level.

We will buy any case ...

There is already a PI firm that operates the "we buy any case.com" name. I hope that you the Brilliant Law team are not thinking of impinging on their intellectual property rights. If they need any help with this dispute, they could always consult a team of lawyers as opposed to used car salesman, tv salesman and gamblers to help them through this complex area of law.

Another fantastically named

Another fantastically named firm!

You can blame the impotence

You can blame the impotence of the Law Society for allowing this to happen.

Thank god

I am not alone in watching the Law Society selling our souls. Not fit for purpose.

ABS clubs

Several years ago I attended a stag weekend which ended up in a well known "gentlemans' club". At that club I was approached by a very attractive lady from eastern europe who told me that her career aim was to own a law firm in her country despite having no legal qualifications or the intention to acquire them. I said to her that if her country's requirements are as stringent as in this country' then she would not be able to own a law firm until after many years of practice as a lawyer. I was surprised to learn that in her country anyone could set up and own a law firm, the only issue for her was acquiring the necessary finance to achieve her goal. Now the world has changed and in theory an owner of a gentlemans club or a lapdancer could hold a controlling share in an english law firm but are the consumers interests adversely affected by this if the fit and proper person test is satisfied by an applicant from the glamour industry or other business? Does the requirement for there to be a Head of Legal Practice who is qualified lawyer in an ABS ensure the independence of the legal profession?

ABS Club

Do you know if that lady still works at the club as I'd like to hire her for my non-law law firm.

Brilliant!

Brilliant!

What Have We Become?

When I became a solicitor I joined a profession however this is now being carved up by non-solicitor investors, including claims managers and insurers. I have nothing against innovation and easily accesible services but the legal profession seems to be "going to the dogs".
On the high street solicitors are "jumping into bed with" claims managers to open offices with no real solicitor presence which are clearly designed to circumvent the ban on referral fees. Meanwhile we have people who made their money from betting setting up law firms.
It will end in tears, but by the time it does it will be too late to save our profession.

Is this a joke?!

If I was told this was an April Fools joke, I would believe you.

Never, in my 15 years of study and pracitice have I heard of a more ridiculous plan!

I wonder, are these non-lawyer directors going through the anti-money laundering process in their business set-up?!

Sounds like a book by John Grisham to me...

....by the way

Anybody who says that Mr Black's investment will create much needed jobs in the legal sector should note that Betfair moved it's opertation to Gibralter in 2011.

Mr Andrew Black

This is quite interesting as at the same time he has indicated he wants to sell his majority shareholding in Swindon Town. Bored with being the owner of a football club and potentially killing off one of the oldest clubs in the league, He decides he wants to own a law firm. Stick to the horses!

Inmates and asylums

You couldn’t make it up!!! Ex Murdock employees, a chap from We Buy Any Car, ex Minster law director and Bet Fair sharing a legal bed! Will the last sane man leaving this sceptic isle, turn out the lights! Only in Leeds United! And a new entry for the Oxford dictionary – Consumer-centric, whatever that might be. But the great British public have become so inherently dumbed down, don't bet against them buying into it!

Don't be too harsh

No doubt in granting the ABS application the SRA - which as we all know is totally impartial on such matters with no preference for ABSs or for traditional law firms - has taken months to investigate, failed to reply to emails, demanded things which it has either received or waived already, upset everyone, and then left things to the last minute.

So the ABS is probably as bemused as the rest of us.

And, don't be too harsh. Once the existing profession is totally wrecked by the present sea of incompetence and ill-considered initiatives, in the not-too-distant future this ABS might be offering you and me a job.

When you can't beat them.......

and they are here to stay, so at the very least you will have to tolerate them. Indeed you may have no option but to join them, if only to clean up the mess of their experienced, yet incompetent team of solicitors, or so you lot would like believe!

Bet Fair and Brilliant Law

To Ian I would say this: the easy thing to do, the thing lawyers are often guilty of doing, is looking down on clients. And they know when it is being done to them. Do not call your potential clients dumb if they choose to vote with their feet for a service that feels more akin to what they want.

And to the legal profession I would say this: stand up and fight for what you believe in and give the customer what they actually want whilst you are doing it. To fail to do so says you don't believe it is worth the fight when it is. I served the profession for 12 years directly in practice and continue to do so in my current day job. Accept the challenge to prove that lawyers do it better than anyone else..

As I have posted elsewhere,

As I have posted elsewhere, lots of lawyers would like to give the clients what they want. Sadly our regime of regulation (hand in hand with the insurance industry) prevents us from offering cost effective solutions to the public.
If the SRA actually wanted us to run businesses, then a lot of us could and would do it.
IMHO, the clear aim is to reduce the number of organisations offering legal advice to the smallest possible. When that happens, expect a serious backlash from a good number of the public who can't or won't access faceless advice via the net.
Unregulated legal advice companies will then proliferate, and whilst there will undoubtedly be good ones, my fear is that there will be a lot of bad ones.
Who wins then?

oh dear

Dear Law Society, well this article is fairly compelling evidence, stark as it is, that you really have done it now haven't you in all your infinite wisdom...I have absolutely no doubt that your misguided irresponsibility will turn out to be proven over the course of time and what we all embraced about the legal profession we all subscribed to will be gone forever...RIP

Not so different

There is no such thing as a purist lawyer any more. Regulation has seen to that. Too much time ticking boxes and jumping through hoops.

Whilst I am a firm advocate in proper ethical and professional standards, am I going too far in saying that a lot of the time, owner-manager solicitors are no different from any other investor? Each wants to take a cut in the business, to profit and thrive. I just have to look at some of the partners in my current firm.

Personally, would I work for one of these new kids on the block? Probably, so long as my own professional standards and ethics weren't compromised (and they have been historically by senior partners telling me earlier in my career to focus of fee winning and not on quality, which has perhaps made me overly cynical). What I don't see enough of in the legal system are solicitors understanding business, how it operates and delivering a legal standard that means that the required work is completed on time, in the best commercial way, without wasting time thinking about the abstracts of law and doing it for a fair price. We make our own challenges - all the time - not just down to the fact of over-regulation, but because too many lawyers, by their very nature, have egos the size of the national debt and don't think in a business-like, progressive or practical way. Use the law and think. Isn't that what we're taught to do at day one, at the outset, to apply it practically? You wouldn't think so from what I see!

There is no such thing as unfair competition, unless it is shoddy or bad competition.

You make some valid

You make some valid points.

However, in the partnership "system" the partners were liable for the mistakes, negligence etc.. Yes they wanted a return on the effort, investment and risk-but they took the risk personally.

As for being commercial, again yes they have/had big egos but were commercial within the parameters allowed by professional obligations and liabilities.

In the ABS system, it is likely to be exactly as with the banks-the investors will bear no liability so it is extremely unlikely that they will care whether there is mis-selling, fraud, negligence or other such delights which the banking world has highlighted.

Monty Python

You cannot be serious.

I'm sure I saw something like this in a Monty Python sketch a few years back.
It was probably very funny then!

Fixed Fee Legal Services?

Surely not.
Sorry love, it's been done. And in fact we do nothing else. You'll need to come up with something better than that...

Business v Ethics

As stated above, this will all end in tears.

These merchants don't realise that you can't make a "quick buck" out of the law. They think that immediate untold riches await them and that the legal profession is a fusty old club which needs shaking up. They don't apprecaite that it takes time to build up a reputation and trust.

Sometimes the right advice for the client goes completely against the business's commercial interests.That is how you build trust and get a good reputation for being honest and ethical which is why clients come to you in the first place....

It won't be long before lawyers in such organisations come under tremendous pressure from above to milk the clients for every penny they are worth. We've seen that already with the way that some Will Writers carry on..

I feel sorry for anyone who is seduced by their slick marketing to use them.

I wonder where this will all end. You can't be struck off the Roll if you're not already on it ! - will they be free to close down their companies and immediately restart them again using other lawyers as partners and under another name like unscrupulous traders have done in the past?

The SRA are playing with fire in dealing with these type of people and I'm not convinced that they are up to the job of regulating them properly.

"You can't be struck off the Roll if you're not already on it"

With that one phrase, you have encapsulated what I have always argued is the fundamental flaw at the heart of the ABS experiment.

As a solicitor owning or working for your own firm, if you are struck off, then at best you lose your career and your reputation. At worst, you lose every penny you own. That is a major sanction.

The COLP in an ABS might get struck off, but why would the non-solicitor directors, who can just close down the firm and rise phoenix-like from the ashes, give a damn? And if they get banned from running a legal firm, then oh well, so what, onto the next venture. How anyone could imagine that you can regulate that sort of business as effectively as a solicitor, I have never understood.

Sadly, try as I might when this debate was going on, I never managed to get those with the power to change the direction of travel to grasp this point.

WHAT "PROPER & ETHICAL STANDARDS"?

Lots of solicitors have not had either in years. I have found out some Mishes involved in Conning, and two dishonest major Unitary local authorities and their legal departments, dealt with some allegedly Quality solicitors (their fraud was the only thing of quality),and a national multi office firm which has received a FT financial award (for double charging their clients, charging overheads as costs, charging for putting right the errors they made, and -according to a court - carrying out unauthorised work).

So I feel sick when I read this stuff so critical of others. I happen to agree with the criticism. But the legal fraternity and the regulators should have sorted these abuses in their own houses long ago.

At the moment, the solicitor business (not a profession) needs to be able to differentiate itself from the "here today gone tomorrow of business" and the "cheapest service". Ethics was one of those points. For many, it isn't now

It is time the regulators did their fundamental job which is to give the public confidence and punishing and throwing out of the profession those who are dishonest and do the things I have said in my first paragraph. They lack priorities, and concentrate in imposing rules and regulations. When dishonesty is brought to their attention they don't deal with it.

If the regulators can't discipline solicitors or throw them out because bent and dishonest and grossly negligent solicitors have human rights, then what they can do is to cause it to be too expensive for them to practice. That is probably easier to do, with the same ultimate result

Brilliant Law... not.

Both my reactions were anticipated by others before me:
"Is this a joke?".
"You cannot be serious!".
I've been retired from the law for nearly ten years and I'm relieved to be no longer practising as a Solicitor if this is the way things are going. When I qualified in 1971 I entered a profession that was honourable (for the most part) and highly esteemed, with strict regulation (no advertising) and exemplary codes of conduct. I still treasure Lord Denning's autograph on my admission certificate, along with that of Harold Horsfall-Turner, both gentlemen of renown and integrity...
So how did we get to where we are now? Damned if I know, but I'm so glad NOT to be a part of it.

Resurgence of Ethics

The Head of Barclays wants to inspire his staff to engage in ethical banking, and has said that staff that don't buy into this new bank culture are no longer welcome as employees.

Will Madam President now stand up and say that all solicitors have a responsibility to their colleagues and the public, to promote the ethical delivery of legal services, even in the face of the clear conflicts of interest present in ABSs identified previously?

The profession is desperately in need of inspirational leadership, if only to address the concerns of many, that the Law Society has become partisan in its policies.

Dear EJCowper. Cheer up. I would argue that there are still many solicitors motivated by more than just pure greed. Remember your days as a law student and the snail in the bottle of ginger beer-although these days it is more likely to be burgers with equine tendencies

Snails in ginger beer

Ms Donogue/M'Alister would now expect her claim to be conducted for nothing, unless she won. Or she might find that her household insurance included a BTE section, under which she could fight her insurer for the right to instruct a solicitor of her choice. Of course, all this assumes that she has not signed away her rights in return or a few hundred pounds following a friendly phone call from Mr Stevenson's insurer, before she even thinks of consulting a solicitor.

Consumer centric

Consumer centric - what precisely does that mean? Answers on a post card.

Try this definition. 'The

Try this definition.

'The common implementation-level model coalesced into a structure implementers could grab onto and follow. Theory aside, becoming a customer-centric company meant an amalgam of customer-driven business strategies, customer-aligned process, CEM, CRM (customer relationship management) technology - and a dollop of highly targeted marketing, often supported by marketing automation technology and marketing analytics.'

Is it clear now?

pro bono?

As part of our "profession", I and undoutedly many others do a significant amount of work for which we don't ultimately get paid in the pursuit of justice for our clients and as part of our professional and moral duty - I wonder how long our new breed of ABS capital investors will tolerate that.

A bunch of big heads

I have read all the comments above and I need to ask, why is everyone here a bunch of big heads? All of you solicitors are so big headed thinking that your profession is prestige. All of you lot look down on clients and other business men in other professions. It's about time you lot get of your high horses and realise that you lot are the same as everyone else. This is the only profession where people within it think they are superior than others. I'm glad the Law Society, SRA and government have realised that and are diversifying the profession to show you lot that you all are just a bunch of big heads who need to be put in your places. Also you lot constantly insult people in other industries (bankers, insurers) but fail to realise you lot are worse than them, because although there are many of them who are unethical and dishonest, at least they don't go round saying they are prestige and look down on others, whereas you lot are unethical, dishonest and go round thinking you lot are prestige and look down on others. You lot are a bunch of big-headed hypocrites! As for the new ABS it is a great idea to diversify the industry and help create more jobs and put big heads in their place.

Don't worry, as with bankers

Don't worry, as with bankers and the financial services "industry", you'll find out soon enough where the truth lies! Then you'll be howling for compensation, this shouldn't have been allowed etc.

I would take the time to go

I would take the time to go through this post but I've got work to do, no doubt you have school work to do (unless you've been given the day off because of the snow!!??) and putting 13 year olds in their place is rather unseemly.

My point proven. You lot are

My point proven. You lot are just a bunch of big heads who have to result to childish insults to get a message across.

And describing people as big

And describing people as big heads isn't childish?

Applaing Garmer

Your grammar is appalling. I went to a grammar school you know.

BETFAIR BUSINESS & BIGHEADS

From my posts, you can hardly call me the staunchest defender of the profession. But as someone points out, there are still a lot of honest people in the profession, and I know of a number of people who are there simply as servants -thats an attitude.

Business exists for one purpose -and one purpose only - to make money. It has no moral compass or moral attitudes. If it did, British American Tobacco would not exist, would it? And then the businesses which say they care for the environment. Well, actually, they are doing what ever it is to make money. If it didn't they wouldn't do it. Simple. And they use their actions simply to help them grow their businesses.

There are some really big solicitors firms and some small solicitors firms in this country which are dishonest. But there are also a lot of people who don't charge for some work, or don't get paid a lot for helping people (what being a solicitor should be about).

So just forget the solicitors who have inflated ideas of themselves and are greedy and are dishonest. How are we going to preserve the existence of people who work as servants for lots of otherwise unrepresented people?

WELL SAID

and I am 10 year qualified solicitor!!

Rumbled you

You're the (im)poster from the SRA who expressed partisan value judgements previously and were caught with your trousers down.

anon @ 9.31

Dear anon,

what you fail to incorporate into your astute mumblings, is that essentially the law, and the legal profession should act as a check and balance on governments who decide to erode access to justice for people like you. No other profession does this, and therefore the sanctity of the law and legal profession should not be sold down the river to betfair!!! Now, go play in the snow!!

Your bigheadedly

tom

We are all F####

The Great Satan is really in the room now and he is having much fun with his toasting fork and yummy scrummy lawyers for dinner lunch and breakfast. Slurp crunch munch.

Advocatus Diaboli

Bydo

I am coming for you

ABS

All those years ago when I first qualified, we were indeed considered a profession. As the ABA till opine, that involved putting the clients' interests in front of all other considerations, subject of course, to duties of integrity and fair dealing. It all seemed simple, look after the client properly, and you will be properly rewarded.
The reveres now seems to be the case. Go for the rewards, and look after the client in such a way as will maximise the returns.
We have seen where this has led the bankers, who have taken us all to the edge of disaster in their relentless desire to line their own pockets first, and worry about the customers not at all.
Similarly the Insurance business has built up a system of kick backs and referral fees that ultimately drives up premiums. They then cry foul, and blame everyone else.
I have never known a bookmaker offer impartial advice to a customer. Anyone who wants to place an ill advised bet is simply fair game.
Look where the supermarkets have taken us. Dairy farmers driven to bankruptcy by unfair pricing, second rate products flown across the world to undercut local producers, and adulterated meat in burgers.
When the legal world is dominated by ABSs the game will be played by their rules. Imagine seeking advice from a law firm owned by the banks and insurers that you have been mis-sold a financial product.
Sadly there will be no way back from this disaster, just as there is no way back from the loss of small banks, small insurers, and small buildings societies.
All this is done in the name of competition, and what is good for the consumer. I hope they all enjoy their horse meat burgers.

Business imperatives

I was in business - including life insurance - for 20 years before I became a lawyer.

I can assure you that no matter what senior partners may have told newly-qualifieds about time-recording and billing in recent decades, if business imperatives take over the legal profession, law managers of the future will be talking of customers rather than clients and most solicitors will be on commission-only pay schemes and business managers will be attending seminars on how to outwardly comply with regulation whilst ensuring that its impact is not felt in practice.

I was disgusted by the attitude of some of my employers - paying no more than lip-service to regulation and having a cavalier disregard for the customer's actual needs. It was one of the reasons the legal profession appealed to me - 'lawyers really do act in their clients' best interests'.

Currently, I'm still able to say that is true of my work. But when I look at what seems to be coming down the (sewage) pipe-line for our profession, it's disappointing to say the least.

OLdest ABS

Of course , even in the oldest profession in the world, you have not got to be a practitioner to own the firm.
You have not got to be a prostitute to run a brothel.
Is that what we are all doing?

Time at the Brothel

Well you do all charge by the hour and get royally f.....