Driving out talent, in a ruck with Moore, and commercial guide confusion: your letters to the editor

Profession must not drive out talent

 

A junior lawyer speaking up for the Solicitors Regulation Authority? Yes, here I am. By way of explanation, last week I was studying the Gazette when I came across Nathan Peart’s article, ‘Realities of Big Law can’t be wished away’ (18 February). In part, he points out that due to client expectations, US City firms in particular require a lot from their employees. So, those associates should accordingly expect long hours, demanding targets and high pressure, in return for large salaries and high-quality work. To quote Nathan: ‘If you can’t take the heat, get out of the kitchen.’

 

That was not what I took issue with. What stood out for me was the combination of these points with his comments on the SRA’s workplace culture guidance, stating the SRA ‘is trying to positively tackle the issue of work-life balance through the release of its new workplace guidance’, but that this will lead to yet more red tape for employers. To read all but the last paragraph of his article, you would think that the guidance focused solely on work-life balance, rather than the impact of workplace culture on wellbeing. In fairness, Nathan does say that the guidance is about improving workplace culture: in the last sentence.

 

In fact, the SRA acknowledges the reality of the pressured workloads and long hours in law – the heat in the kitchen to continue that reductionist phrase – typical of the US City firms which Nathan focuses on (and others). What the SRA does not accept is bullying, harassment, discrimination and letting such conduct go unchallenged. Likewise, failure to supply the support and supervision needed to provide competent legal services. The heat in the kitchen is one thing, working with toxic colleagues is quite another.

 

Therefore the SRA’s Workplace Culture Thematic Review, which supplements the guidance, is well worth a read. Not only does it take the time to explore benefits beyond those within our regulator’s purview, it also gives helpful examples of what firms – both large and small – are doing to promote positive workplace culture. Work-life balance features but it is not the only way to improve firms’ culture.

 

And where does the red tape come into all this? Well, since you ask, the SRA does not specify what particular practices firms must adopt. The guidance is just that: guidance.

 

Not that there is nothing to like about Nathan’s remarks. He refers to the barriers faced in accessing our profession. I would be interested to hear more about his comments on having a US-style bar exam here, especially how it would differ from the Solicitors Qualifying Examination. That said, the implication the SRA should focus on access to the profession to the exclusion of wellbeing in the workplace does not make sense to me. Getting people into the profession and ensuring they are not driven out are – to me – closely connected.

 

It is for its focus on not only attracting but retaining talent which makes me glad to have the Law Society’s Junior Lawyers Division for resources and support. I urge any junior and aspiring solicitors facing issues in the workplace to email juniorlawyers@lawsociety.org.uk to be confidentially signposted to suitable help.

 

Martin Whitehorn

Leatherhead

 

In a ruck with Moore

Your Obiter item about former England rugby international turned commentator Brian Moore quite correctly mentioned how combative he can be. However, one of the treasured memories of my career is the time when, while he was still in practice, he wrote to me complaining that I was being too aggressive. I do wish that I had kept that letter!

 

Richard O’Hagan

Brittons Solicitors, Beaconsfield

 

Commercial guide confusion

 

The Circuit Commercial Court Guide was previously a user-friendly, self-contained statement of practice and a source of much-needed procedural clarity. It has been replaced, sadly in my view, with a rather elaborate document, which seems now to require practitioners to engage in a game of ‘spot the difference’ with the Commercial Court Guide. An improvement? I think not. But maybe I am in the minority when thinking that one guide was better than two. To paraphrase the passive expression beloved by all good responsibility dodgers, mistakes will be made (but hopefully not by me)…

 

Ian Skinner

Squire Patton Boggs, Birmingham

 

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