Girls & Boys

Women don’t know the offside rule. It’s official; I found out on Sky.

Of course the woman in question, one Sian Massey, actually does know the offside rule and was spot on in her call. To be an assistant referee in a Premiership match indicates not only does Ms Massey understand the offside rule, but indeed all of the laws of the game. In fact, to be in such a position at the relatively-tender age of 25 implies that she may even have something of a flair for it.

There is an urban legend which states that, traditionally, the best way to explain the offside rule to a woman is to liken it to a shopping queue, with someone throwing a bag from the back to the front as you step forward to be served. Of course ever since FIFA introduced the controversial inactive/active player clause there doesn’t seem to be too many people who understand the rule at all, shopping queue analogy or not, as proven when even a former international player like Andy Gray can call the decision wrong.

Irrespective of whether you feel the comments were unintentional yet inoffensive banter or if you are of the opinion that Messers Keys and Gray should be hung out to dry for their opinion, the furore which has been kicked up has again raised the question of whether sexism is still prevalent within the game, or indeed life in general.

The percentage of female lawyers within the UK has risen steadily over the last forty years or so; in 1971 only 3% of lawyers were women, and in 1987 this figure still only stood at 16%. Over the next decade this doubled to nearly 33% and last year stood at around 40%. However within Top 100 practices less than 20% of partners are women, with this figure dropping to under 15% at the Magic Circle, perhaps suggesting that there may still be some element of a glass ceiling. As yet there has not been a woman managing partner at a Magic Circle practice; is this evidence of sexism in the workplace?

Frankly it’s difficult to put a definitive ‘yes’ or ‘no’ argument forward for this. On the surface of things it would appear that if 40% of the workforce is female then 40% of the partnership should be as well.

However to say so skips over the fundamental point which is that men and women are different. Certainly in terms of potential, ability and ambition there is no difference between the sexes, and anyone who commits wholeheartedly to their career should expect to achieve a similar level of progression and reward, irrespective of gender. In fact, in a world where partnership potential is often judged as much by business development capability as by technical ability it is entirely feasible for a woman to progress quicker than a man if she has the nous to turn contacts into revenue.

In a less-than-startling revelation, even the most rudimentary grasp of biology will make you aware that only women can bear children, and often with motherhood there is a reassessment of where you either want to be in your career. As was recently revealed in the legal press Ashursts are now expecting 50 billable hours per week from its partners, which is unlikely to conform to the requirements of many mothers of young children. Consequently it may simply be that many women who are not willing to make that kind of sacrifice for the sake of their career opt instead to remain outside of the partnership whilst their children are young, hence it is their choice and not a glass ceiling which has put such a slant on the statistics.

Bear in mind also that whilst the number of women solicitors continues to grow (around 60% of NQs) we still have to consider that it takes some time to reach the top of the partnership tree. Assuming a time period of ten years from qualification to make partner, a further five to get equity and then another five to ten years to stand a chance of making Managing Partner, you are therefore looking at potential candidates having around twenty years PQE. This then takes you back to 1991 qualifiers which as proven above stood somewhere around the 20% bracket; therefore it is perhaps not quite as surprising that so few women have held the Managing Partner title.

There is growing recognition for female lawyers which is bound to see this eventually becoming more common. With the likes of Nabarro and Pannone already headed by women, around 40% of The Lawyer’s recent Hot 100 lawyers being female there’s no doubt that any glass ceilings which may remain are under serious threat.

Perhaps there are still one or two boundaries to be crossed yet, but looking at the bigger picture the market has undoubtedly come a long way since Carrie Morrison was admitted as the first female solicitor less than 90 years ago.

Debate still rages over whether she knew the offside rule.

To discuss opportunities within the market, irrespective of gender, contact one of our specialist consultants at VG Charles & Co on 0121 233 5000 / 020 7649 9094 or visit out website www.vgcharles.com. For enlightenment on the offside rule and whether a player is active or inactive.......your guess is as good as ours.

Have I Got 'Old' News For You

Now that we’re firmly into the New Year I expect that this blog is being read by a bunch of toned, athletic gym bunnies with a BMI of about 12.

No? Now be honest; is this because after your first spin class for 18 months you spent the next 3 days walking like John Wayne and haven’t been back to the gym since? Unable to move after pulling muscles you’d forgotten that you had?

Don’t be too hard on yourself if so, it happens to everyone. No matter how young and/or fit you are, there’s simply days when you waken up feeling about as spritely as your average tortoise. On the flip side, there are also those days when you leap out of bed, the world is a great place and you’re ready to take on everything life throws at you. Those days are usually called Saturdays.

In the words of Mark Twain “Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.”

Last week’s announcement over the changes to employment law has thrown up queries over how law firms will deal with the abolition of the default retirement age. Whilst always willing to give advice to clients on age discrimination matters, many firms have sometimes been somewhat slower to ‘practice what they preach’, with the trend for partners being forced to retire at 55 (or younger) still being relatively commonplace at many of the Top 50.

For those fortunate enough to have enjoyed many years of high drawings the chance to get out of the rat race in their mid-50s may well appeal. However as human characteristics and behaviour change, including having families later in life and more of us living to an old age with requirements to earn for longer, retirement may not be a realistic option. Recently we have spoken to a number of partners who, despite earning well into six figures, have made it clear that they need to work to at least 65 to ensure that they are provided for in later life. The simple fact is that happily none of us know how long we are going to live, with life expectancy increasing as medical advances continue.

The firms of course have these policies in place for a reason. To continue to attract the best talent they must be able to demonstrate that there are sufficient career opportunities there for ambitious individuals, and to do this there must be a clear route for a top performer to make EP. If the equity is already over-crowded with partners who show no intention of leaving any time soon, then without a mechanism to force them to do so it can prove difficult to convince potential recruits that the firm can reward their efforts any time soon.

Whilst at present the case law still allows firms to force employees to retire at a certain age it is likely that this will change in the future; perhaps very soon if the Leslie Seldon case reaches the Supreme Court (which at the time of writing seems very likely). Many firms have already restructured their partnership deeds to remove the clause which defines retirement at a certain age, and now that the new legislation is imminent more have indicated that they will also do so, including FFW, A&O and Wragges.

Once firms have withdrawn these clauses (as they surely will) many will have to reassess how they manage their more senior employees. Whilst it is early days some may endeavour to make consultancy opportunities more attractive, ensuring that the expertise remains with the firm without necessarily having to retain full equity partnership to do so.

Whisper it quietly but in truth any change is likely to be small and barely noticeable, at least in the short term. As long as peer pressure and ‘the done thing’ exist it may still be suggested or hinted to those of a certain age that perhaps it is time for pastures new, if not put out to pasture altogether. Whether this phases out over time will be interesting to see, but as is always the case any initial change will be slow moving. After all it’s been more than 4 years since the Age Discrimination Act was brought in – yet does your firm still use PQE as a parameter when recruiting?

Like most reforms there is likely to still be a certain ‘wait and see’ aspect as to how or even if these changes are embraced, or whether it still remains a largely accepted part of working life. What is for certain is that those firms who have not revised their partnership deeds and choose to bury their heads in the sand may be in for a nasty shock if one of their partners decides that it’s not yet time to retire.

And besides, what is age anyway? I’m sure everyone knows a time-defying 75 year old who’s still as lively as when they were 40, and also knows of a 45 year old who needs prodded every now and then to check that they’re still with us. This removal of a blanket age cap will force both firms and employees to have a look on a case-by-case basis as to what someone can offer regardless of age, and if they remain keen to work past 65 then the option will be there to do so providing they can continue to perform.

Essentially you’re only as old as you feel. And as Bob Hope said “I don't feel old. I don't feel anything till noon. That's when it's time for my nap.”

To discuss opportunities in the market at all ages, or for grown-up career advice, speak to one of our specialist consultants on 0121 233 5000 / 020 7649 9094 or visit our website at www.vgcharles.com

Happy New Year

A very Happy New Year to you!

Hopefully you have so far enjoyed a successful and busy start to the year; having now survived the first Monday morning of 2011 there is no doubt that we’re back at the coal face! The Christmas break seems far away already, and unfortunately a few of those New Year’s resolutions have somewhat fallen by the wayside........

The significance of the New Year has always represented a time when people look at where they’re looking to improve their life. It’s not just doing something about that extra few pounds from Christmas; professionally as well as personally the start of a New Year is a time for planning and implementing strategies, remedying where you may have erred in the previous 12 months and analysing where you see both your practice and your career moving in the near future.

So what does 2011 have in store? Well one week in we are already seeing many firms anticipate at least some growth in a range of sectors, particularly in the transactional areas which suffered heavily during the recession. In the first four working days of 2011 alone we were instructed on more new roles than the combined number of instructions in November and December 2010, an indicator that there is confidence that current levels of work will be maintained.

The other interesting aspect is that many of these instructions are at the ‘junior’ end of the market, ie. NQ-3yrs PQE. For a market which is largely perceived to be saturated at the lower PQE end, the requirements of our clients has highlighted that actually there is a shortage of lawyers available as large numbers of NQs left the market as the recession hit (don’t say we legal recruiters didn’t warn you! - http://vgcharles.blogspot.com/2010/08/question-of-retention.html)

Coming off the back of two years where the majority of recruitment has been at partner level and a healthy following has been essential, we are now seeing firms recruiting for the ‘foot soldiers’ again, indicating that capacity is being exceeded at these practices. As we are well aware many lawyers have been working under these conditions for some time, but with the workload now having been maintained over a sustained time period, firms now have the confidence to increase staff levels to properly service the clients.

So what else will we see in 2011? Well, there is also likely to be quite a bit of movement at partner level, particularly as the trend of firms merging shows no signs of slowing down. The amalgamation of these firms can often impact upon the culture within the practice, which may become significantly larger or more profit driven, causing some unrest amongst senior lawyers who often opt to make a move.

Similarly a number of firms are seeing their profits start to recover and as the equity spread begins to look more attractive so disillusioned partners may recognise that actually the grass may just be a little greener elsewhere.

So in conclusion what can we draw from these early indicators of 2011? Well, if you’re a law firm it’s a good time to look at partner hires and/or to speak to legal recruiters about possibilities of a merger or acquisition before all the good ones are gone....a bit like those Quality Street did at Christmas.

If you’re a lawyer and you’re giving some thought to your career, well you’ll be encouraged to know that there are firms out there looking to invest in new talent. It may not be at the levels of 2006/2007 but there is more faith in the market recovering than at any time in the last 2-3 years and we remain hopeful that this momentum will remain through the rest of 2011 and beyond.

Oh; and If you’re still finishing off those Quality Street we referred to then you’re going about your New Year’s resolutions the wrong way.

Have a great 2011.

To discuss opportunities in the New Year, either to improve your personal situation or to develop your firm, call one of our specialist consultants at VG Charles & Co on 0121 233 5000 / 020 7649 9094 or visit our website www.vgcharles.com