Becoming a consultant used to be the half-way house to retirement; partners of a certain age could ease up on the timesheets and come in to the office only for a few days a week -- and, as the jokers would say, improve their golf the rest of the week.Alternatively, it is a way for firms to retain high-profile partners to attract the work, as in the case of libel doyen Peter Carter-Ruck, of City firm Peter Carter-Ruck and Partners.For other firms, having a consultant who also holds a high-profile position is seen as good for business; at Denton Wilde Sapte, former partner Denise Kingsmill, who is now deputy chairman of the Competition Commission, has been retained as a consultant.The practice of appointing former partners as consultants is still common.
At City firm Herbert Smith, of the 12 consultants it has, the split between former partners and external appointees is about even, with the former partners including Stephen Barton, a former insolvency partner who now lectures at Cambridge University, and former senior partner Edward Walker-Arnott.
What is more interesting is that the firm also appointed Sir Leon Brittan, now Lord Brittan.The appointment of Lord Brittan as a consultant was not necessarily a precedent for a law firm -- for example, magic circle firm Freshfields appointed former Conservative minister Sir John Nott about ten years ago.
Richard Fleck, the partner responsible for practice development at Herbert Smith, explains: 'Lord Brittan is a different kind of consultant.
He is not appointed from the point of view of his connections, because we expressly do not get him involved in face-to-face meetings.
His role is advisory in relation to certain clients, and he gives advice and guidance as to how they should do business in Europe.
He also advises Herbert Smith on the major issues that affect the way business is developing.'Mr Fleck says the rationale for appointing ex-partners as consultants is obvious: 'One of the reasons is that you can supplement the firm's resources in a particular area of expertise, and the attraction is that they can continue an involvement with the practice and a working relationship with those they have worked with in the past.'As to how consultants who have come from outside the firm are targeted and appointed, Mr Fleck says that there can be a recommendation or introduction from a particular practice group, such as in the case of consultant Adrian Hill, who advises on energy issues and matters, and comes with that experience as a lawyer from that industry sector, and Professor Hiroshi Oda to advise on Japanese and Russian law.
On a more general level, in addition to Lord Brittan, the firm also has Sir Christopher Mallaby, former ambassador to Germany and France, who advises on European matters.As for how they are remunerated, Mr Fleck adds: 'There is obviously a retainer.
It varies from consultant to consultant.
The current number of consultants may grow -- there is no ideal or optimum number, it depends on what is going on.
But they do make a difference, and their roles will all be different.
Used properly, they can be extremely beneficial.'Getting in a lawyer from a client is also becoming more common, and seen as a sensible and practical move.
City firm Theodore Goddard recently appointed Antony Whitaker as a consultant following an internal restructure at Times Newspapers, where he was head of legal.
Before that he was at the Bar for ten years.
He says: 'It is the best of both worlds, and I split my time as a consultant at Theodore Goddard and The Times.
It was an obvious move, as the firm had been advising the newspaper for some time.'The appointment of consultants is not restricted to the UK.
Clifford Chance recently announced that Dr Bjvrn Wellenius, former head of telecommunications for the World Bank, had been appointed consultant to the firm's global telecommunications practice.Nor is it just the global firms that are making use of consultants.
Surrey firm Shadbolt & Co, a niche construction practice, appointed Louise Barrington as an international arbitration consultant to its Hong Kong office.
Ms Barrington is a former director of the International Chamber of Commerce Asia.But the term 'consultant' can be a useful way of getting around the fact that the consultant's position in effect amounts to that of a partner.
The managing and senior partner of Shadbolts, Richard Shadbolt, explains that the reason for Ms Barrington's appointment to the firm's Hong Kong office as a consultant was because, as a Canadian-qualified lawyer, there are certain restrictions in relation to her being named as a partner.
She works full-time for the firm, and is in all practical respects a partner.Shadbolt & Co already had what was seen as a more traditional consultant in its Surrey office, Tim Unmack, an aviation law specialist who originally joined from Beaumonts as a part-time consultant.
But he has since decided to become full-time and is now a partner, proving that consultancy is not necessarily the dead-end position it was once perceived to be.But the switch to consultant from partner also has its advantages, and is far removed from the image of being put out to pasture.
Diana Guy, who specialises in competition and European law at Theodore Goddard, has been a consultant for five years.
She says that after over 20 years as a partner, it was an opportunity to do other things, and to get a more balanced life.
She adds: 'It was possible essentially to write my own contract, which usually means being in the office three days a week, sometimes four.
The number one priority clause was: no targets.'A number of former-partner consultants do fee-earning work, and that includes time-recording, but the contract usually lays down a flat rate, which can be adjusted, depending on the circumstances.
For example, if working for a particular client means working full-time for a period, then the details are negotiable.
For former partners, the main advantage is the fre edom from office politics and the discussions of profit-sharing and where the firm is going, allowing them to spend more time to concentrate on the actual work.For external consultants, there is also the issue of whether the consultancy is on an exclusive basis.
But the consensus seems to be that consultancy is a position that is worth working towards.
As Mr Fleck says: 'Qualified legal expertise is scarce, and the battle for those skills is going on all the time.
You have to optimise those resources and if you can call on tried-and-tested expertise to contribute to those resources, which is certainly true of retired partners, then that is a sensible move.'But other expertise is also in short supply.
Lawyers no longer sit in the office waiting for clients, so you need guidance in novel areas, in other jurisdictions and unforeseen circumstances -- that is where having a consultant with a particular expertise is invaluable.'
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