LAW IN PRACTICE SPRING SEMESTER 2023

SEMINAR 5
THE LEGAL PROFESSION AND ITS FUTURE

This is the last Law in Practice seminar of the module. It builds on the three lectures in this topic,
including one to be given by law firm Mills and Reeve on 27 th April. YOU MUST MAKE EVERY
EFFORT TO ATTEND THAT LECTURE.

Reading and listening

a. Listen to this episode of “Law in Action” (Radio 4 – presented by Joshua Rosenberg) from 15
minutes in up to the end (around 15 minutes in total). It is also available on the BBC Sounds
App.

First there is an interview with a senior lawyer at law firm Ashursts talking about the current
legal profession; and then a feature about the challenges facing women at the Bar.

https://www.bbc.co.uk/sounds/play/m00154b4

b. Changes to the legal profession

Read the short articles below – all can also be found on Blackboard.

 Chapters 2, 3, 4 and 8 only

https://www.legalservicesboard.org.uk/wp-content/uploads/2020/11/The-State-of-Legal-
Services-Narrative-Volume_Final.pdf

 Allen and Overy using AI

https://www.ft.com/content/baf68476-5b7e-4078-9b3e-ddfce710a6e2

 Law firms acting on green issues

https://www.ft.com/content/26e464fa-f2aa-4947-920a-0a5cd1e036d2

 ChatGPT and lawyers

https://www.hcrlaw.com/blog/ai-in-the-legal-sector-can-chatgpt-influence-future-legal-
service-marketing/

 Read chapters 1 to 5, 13 and 18 of Richard Susskind’s book “Tomorrow’s Lawyers”. It

is a short book and very readable so do read the whole thing if you can. However
only the chapters above are strictly needed for the seminar. Available on the Talis
reading list

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c. Online courts

 Listen to the Harvard Law School lecture on “The Future of the Courts” given by
Richard Susskind (start at 6 minutes and listen until the end – approximately 24
minutes). The link is on Blackboard as well as below.

https://www.youtube.com/watch?v=X1oXoTr-aW8

 Read the articles below (click on links)

Remote hearings v open justice | Opinion | Law Gazette

News focus: Artificial intelligence debuts at the Old Bailey | News | Law Gazette

d. Diversity in the legal profession

 Read the speech by Lady Justice Hale (available on Blackboard)

 Executive summary, introduction and conclusions of this report from the Bar
Standards Board on diversity at the Bar (click on link)

https://www.barstandardsboard.org.uk/uploads/assets/8e1b9093-b2f7-474f-
b5faa3f205d26570/BSB-Report-on-Diversity-at-the-Bar-2022-FinalVersionv2.pdf

 Listen to the podcast embedded in this article (click on link)

https://www.lawsociety.org.uk/topics/ethnic-minority-lawyers/accessing-the-profession-
the-value-of-diversity

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 PART ONE: THE LEGAL PROFESSION AND ITS CHALLENGES

1) Be able to explain to someone who has no knowledge of the legal profession what the following
jobs comprise and what skills are needed for each:

a) Barrister
b) Solicitor
c) Legal Executive
d) Paralegals

2) What is an Alternative Business Structure? What does it allow that a traditional law firm does
not allow, and why is this important?
Law firms that can be owned and operated by non lawyers
3) What do you think are some of the main challenges currently facing the legal profession?
Costs there is a lot of unmet need
High barriers to entry for minorities so lack of diversity
Changes in law caused by Brexit
4) If you were setting up a regional commercial law firm from scratch, what sorts of issues would
you need to consider? Think in particular about clients, staff, income and costs. You will work
with another student to discuss this and then we will discuss as a group.

Think about the market what services are needed i.e what is in demand in the region
How can we satisfy that demand
Office space and whether staff will work from home
IT

5) Research two law firms online to see how they differentiate themselves, looking at their online
presence, including their websites and (if you use it) social media presence. Prepare a very
short (2/3 minute) summary to present to the seminar group. You can choose any law firms that
interest you – local, regional, national and/or international.

PART TWO: THE FUTURE OF THE LEGAL PROFESSION

1) Looking ahead over the next ten years, what opportunities do you see for new areas of work for
lawyers, or existing areas of work which might increase and give lawyers opportunities to grow
their business?

Law relating to tech with the advent of AI self driving cars and other technology
Environmental law because of the advent of ESG issues

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2) What do you think are the pros and cons of the use of new technology in the courts (both in the
courtroom and also where proceedings are held remotely).
Pros
Might reduce litigation costs
Makes it easier to attend court

Cons
Costs
Individuals appearing in online hearings may be subject to influence
And be worse for those who rate already disadvantaged

3) The legal profession has a reputation for a lack of diversity. Do you think this is right? Be
prepared to provide evidence for this.

4) Do you think a lack of diversity matters, and if so why?

5) If you were a partner in a law firm, what would you suggest in order to improve diversity in the
firm? You will discuss with another student and then bring your ideas to the whole group.

PART THREE: CLIENT NEEDS: A CASE STUDY

Serena is an in-house lawyer employed by Energy From Air Ltd (“EFAL”), a successful private
company employing around 200 people that installs and services cutting-edge technology wind
turbines. She has worked for the company since its inception five years ago and has seen its
turnover and profits rocket in the last two years. She now manages a team of five in-house lawyers,
who deal mainly with non-contentious issues such as contracts for the sale and installation of the
turbines. Her legal team does not have much experience of dealing with disputes.

Serena reports directly to the CEO and majority shareholder, Thomas Ladywood. Thomas is
American and does not spend much time in the UK although this is where EFAL is based; he is a
serial entrepreneur with a portfolio of businesses throughout Europe and North America. He is
distrustful of lawyers in general, and is reluctant to spend money on lawyers other than paying
Serena’s salary and that of her team.

However Thomas is now being sued by his former business partner, Angela Morzon, and Serena
knows that she and her team do not have the expertise to deal with this potentially complex
litigation. The problem that has arisen is as follows. For a long time, Thomas worked with his then
friend and fellow entrepreneur Angela Morzon and they together set up EFAL, investing significant
capital and each owning 50% of the shares in the company. Angela is French, and an expert in
turbine technology, and is also very well-connected within the renewable energy business
community throughout continental Europe. She helped EFAL to negotiate lucrative commercial
contracts for the installation and maintenance of wind turbines in Spain, Portugal and Holland.

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However Thomas and Angela are currently embroiled in a bitter dispute over the value of Angela’s
former shareholding in EFAL which she sold to Thomas at a price that she says was based on false
information which had been provided by Thomas. Two years ago, Angela introduced Thomas to the
CEO of L’Air Propre, a competitor wind turbine business based in France, and as a result EFAL
entered into discussions with L’Air Propre’s management about buying it. Initial estimates by EFAL’s
accountants suggested that this purchase of L’Air Propre would bring in contracts to EFAL worth 8m
euros over 4 years, and this would potentially double the value of EFAL’s shares.

However Angela alleges that whilst these negotiations were underway, Thomas told her that he had
been approached by one of L’Air Propre’s customers that said it was planning to take legal action
against L’Air Propre because of the appalling quality of its services and was about to go to the press
saying this. As a result he and Angela decided not to pursue the purchase of L’Air Propre. Just after
this, Angela, who had been planning to move back to France from the UK and set up her own wind
turbine services company, agreed to sell her 50% shareholding in EFAL to Thomas so she had
sufficient capital behind her to set up her new business.

Six months after Thomas had acquired Angela’s shareholding, EFAL went ahead and bought L’Air
Propre after all, and this has proved to be a highly successful investment, with EFAL securing a
major foothold in the French air turbine market. Angela is claiming that Thomas misled her about
the potential problems with L’Air Propre, and had she sold her shareholding to him after the
acquisition had gone ahead, she estimates that her shares would have been worth twice as much as
Thomas in fact paid her. She also alleges that because L’Air Propre is so successful in the French
turbine market, her new business is struggling. Thomas says that this is all fabrication on Angela’s
part; that the conversation with L’Air Propre’s customer never took place; and that Angela is bitter
because she cannot get her business off the ground.

Angela’s lawyers have said that she is planning to sue Thomas for £3.5m in damages for
misrepresentation. Serena is concerned that her in-house team do not have the expertise to deal
with this litigation without the help of an external law firm. She realises that Thomas will not like
the idea of paying for an external law firm when he has an in- house legal team, and if he does
agree to her instructing an external law firm, he will certainly want reassurance that she will get
good value for money. Serena has made arrangements for Thomas and her to meet major
[fictitious] city law firm Pied Piper LLP to discuss whether they would be a suitable firm to deal with
this issue.

1) Come to the seminar prepared to summarise briefly what the dispute is about. This is a complex
scenario and you should work out who the parties to the dispute and how the various elements
fit together. You might find it useful to draw a sketch plan of how it works.

2) Outline what the key needs will be from Pied Piper. You should consider the issues below, and
any others that might occur to you.

In the seminar, you will spend time with one or more other students preparing for a discussion
between i) Serena and Thomas; and ii) Pied Piper about whether Pied Piper is a suitable firm to
manage this litigation. You may be allocated to either side of the discussion, so you should

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 consider the issues both from the perspective of Serena and Thomas as potential clients, and
from Pied Piper as the law firm selling its services and trying to win the business.

A. What legal issues are raised by the scenario. You are NOT expected to understand the
law in detail, but to spot the key concerns.
Misrepresentation – he misrepresented the prospects of the company he was about to buy

B. What specific areas of legal expertise are required, and thus what sort of law firm might
be appropriate.
International
Company law
Commercial law
C. Are there cross-border issues which the law firm would need to be able to address, and
if so how would the law firm deal with them?

D. Are there any specific technology requirements you would expect to see from the law
firm?

E. What sort of fee charging structure could there be?

F. Given that Thomas will need to approve the appointment of any law firm, are there any
considerations which you think will be particularly important for Thomas?

Ellen Sweet-Escott
March 2023