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ADVOCATE Spring Edition 2011-12

KONY What’s it all about?

SADOMASOCHISM

The legal position re-visited

A LAW DEGREE

Careers you won’t have considered

The University of Nottingham School of Law Magazine


EDITORIAL Dear Readers,

Welcome to the final edition of Advocate for this year, featuring as usual a broad range of articles, from fresh perspectives on law to accounts of university life, as well as our impressive cover story on one of this year’s most controversial talking points - KONY 2012. This was provided by Swetha Ganesan who won Advocate’s first cover story competition – something to keep an eye out for in future years. I feel a massive thanks needs to go out to everyone who contributed to Advocate this year – writers, sketchers, journalists and our talented committee, without whom the magazine would never make it to print. This year we have tripled our membership as an SU society and have expanded the size of our team to accommodate more students passionate about legal journalism. We hope many of you will continue to write for us, and in doing so become eligible to run for a coveted committee position. We still need journalists, sketchers, design editors and a website manager for the 2012/13 academic year and these positions will be advertised again in September. This year we have also increased our sponsorship funds by working with a wide range of advertisers – from law firms to charities. We hope that this will facilitate the production of an even better magazine next year in even bigger numbers, and we would like to thank these sponsors for their valuable support. I also want to thank the School of Law and particularly Ezra Hasson for everything she does for Advocate. Lastly, look out for the online edition of the magazine which will be available early next term on our website – uonadvocate.co.uk, along with previous issues which we will leave on the site for your viewing pleasure. Next year’s committee will be headed by Hannah Stiles (current editor) to whom I wish all the best and I wish the new committee the very best of luck for the year ahead. Warm wishes,

Natalie Connor

Advocate Magazine President

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ADVOCATE MAGAZINE: SPRING ISSUE


CONTENTS Current Affairs

5

Kony 2012

13

The Rise of the ABS

8

The Legal Aid Bill

16

Rick Santorum

10

Megaupload and the Future

Fresh Perspectives

20

Expulsion of Roma from France

32

22

Is the Globalization of Clinical Trials Exploitative?

Sadomasochism in the Age of ‘Why Not?’

35

The Dangling Carrot Begins to Rot

24

Homophobia in Football

29

Poverty: The New Hitler?

31

The Reasonable man

University Life

39

A Law Degree

46

Top Ten Tips for Mooting

41

The Bar Society

48

Why Eco-Tourism Matters

43

Insight into the Erasmus Experience

SU.NOTTINGHAM.AC.UK/ADVOCATE

PAGE 3


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Current Affairs

KONY 2012

Sketch by Hilky Chau

‘An idea. Resilient…highly contagious. Once an idea has taken hold of the brain it’s almost impossible to eradicate’. It is interesting that a quote from the film ‘Inception’ can be used to aptly describe the worldwide movement that is known as ‘KONY 2012’. The Kony debate only broke onto the social media scene a few weeks ago, but it has taken over our day-to-day conversation. The ‘KONY 2012’ video has been rated the most viral video of all time: it is the most shared video on facebook, the most retweeted topic on twitter, the most popular gif on tumblr. At the most recent count, it had accumulated over 84 million views on YouTube. The words ‘KONY 2012’ have been buzzing around since the launch of the video on the 5th of March, by the non-profit organisation Invisible Children. The company was launched in 2004 by Bobby Bailey, Laren Poole and Jason Russell; the last of whom has gained wide acclaim, popularity and criticism. The company’s main purpose is to bring light to the fact that the LRA (Lord’s Resistance Army) in Uganda is abducting young children and training them to become child soldiers under their leader, Joseph Kony. The video itself is fantastically executed, with superb

editing and pulls at the viewers’ heartstrings. The use of simple, comprehensible language makes the agenda of the video clear: stop Kony in 2012. Spanning 30 minutes, the video begins with Russell’s own son drawing a parallel with the life of a Ugandan boy named Jacob, who fortunately escaped from the tyrant Kony. Jacob tells a horrific story of how he was ripped from his family and saw his brother murdered mercilessly. His emotions are sincere and when we see him cry after putting on such a brave face for the entirety of the video, it is hard not to empathise and feel his hardship. From them on, it describes in depth Kony’s despicable regime, tearing families apart to create a theocracy where he would be the ultimate ruler. Through an ingenious advertising

technique, the video strives to make Kony famous - not to celebrate him, but to raise support for his capture, set a precedent for international justice and to ensure that he is arrested before the end of 2012. The strategy adopted is the promotion of awareness, including the sale of action kits, which contain various items designed to advance the spread of the movement. Donations are also encouraged to aid the Invisible Children fund. The ultimate culmination of ‘KONY 2012’ is to happen on 20th April this year, wherein the rallies of supporters of the video and the message are to hit the streets and symbolise the largest world effort to bring a cruel dictator to justice. Normal people are to the change the world because they can. Further explanation of the campaign reveals that the ‘KONY 2012’ project strives to gain the approval of 20

“the kony 2012 video has been rated the most viral video of all time: it is the most shared video on facebook, the most retweeted topic on twitter, the most popular gif on tumblr.” SU.NOTTINGHAM.AC.UK/ADVOCATE

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Current Affairs

culture makers and 12 policy makers. The culture makers are to spread the word and partake in the awareness to make Kony famous. The policy makers are targeted to urge the US government that the capture of Kony is a national issue that everyone is aware of, and as a democratic nation, the US government must fulfil the requirements of the people. One may ask why this particular world movement to capture Kony should be any different to the past attempts to capture the dictator, which have proved futile. It is in the proposed method of capture that the criticism lies. With every ingenious idea that is developed, an adversary exists, striving to prove it wrong. The most vocal of the critics is a blog controversially named ‘VisibleChildren’. Written by Grant Oyston, a sociology and political science student at Acadia University in Nova Scotia, Canada, the tumblr blog is openly vocal about the apparent need to save Uganda through American military intervention. Osyton calls for the continued presence of the 100 American advisors already in Uganda, authorised by President Obama ‘to assist regional forces working towards

a message of peace through violence, which is not acceptable. The blogger says, ‘Do I have a better answer? No, I don’t, but that doesn’t mean that you should support KONY 2012 just because it’s something. Something isn’t always better than nothing. Sometimes it’s worse.’ To add further doubt to the ‘KONY 2012’ campaign, numerous video responses have been circulated which claim that Joseph Kony has been dead for 5 years, and that the campaign is an elaborate ruse to finally allow the US to enter Uganda ‘legally’. Why? Many believe American intervention is, in actuality, to utilise Uganda’s oil resources. Invisible Children is allegedly a scam initiated by the US government; an argument forwarded by the financial breakdown of the company. As a non-profit organisation, Invisible Children are to make their financial standings available to the public. On the ‘Today Show’ in the US, Jason Russell recently stated that over 50,000 kits had sold in one week, making an astonishing $15million, clearly demonstrating the impact that Invisible Children has made the world over.

“many believe american intervention is, in actuality, to utilise uganda’s oil resiources.” the removal of Joseph Kony from the battlefield’ on 14th October 2011. Oyston does not support Joseph Kony in the least, but strongly doubts that ‘KONY 2012’ is the right platform from which to show the world Kony’s crimes. Oyston strives to highlight that the method of capture proposed by the movement; intense awareness campaigns of the dictator, is using up vast financial resources and promoting

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Invisible Children’s Director of Ideology, Jedidiah Jenkins, released a statement, disclosing that only ‘37% of our budget goes directly to central African-related programs’, whereas ‘about 20% goes to salaries and overhead, and the remaining 43% goes to our awareness programs.’ Mr Jenkins divulged the truth about Invisible Children: ‘we are not an aid organization, and we don’t intend to be. I think people think we’re over

ADVOCATE MAGAZINE: SPRING ISSUE

there delivering shoes or food. But we are an advocacy and awareness organization.’ It is a verified fact, then, that more public donations go to the awareness campaign than to Africa. The money that does go to Africa, mainly to Uganda and Sudan, does not help to improve the desperate situation that many children find themselves in, but rather, it funds governmental troops. Is Invisible Children, therefore, a justifiable cause? It seems to be operating a rather lucrative campaign alongside promoting a message of justice being served by the common people. The scheme definitely has a positive


message at its core, and may only grow in success, but what will this actually mean? Will Kony be captured and prosecuted, despite having evaded capture for more than 20 years? The approach adopted by the organisation seems, sadly, rather too simplistic to successfully resolve such a complex mass of war crimes. There are formal processes that must be adhered to, including the involvement of the International Criminal Court and other international organisations to aid Kony’s capture, and these seem to be disregarded by the campaign. The creator of the ‘KONY 2012’ film, Jason Russell,

has called his video a redefining of propaganda. Critics, however, believe the film is an American propaganda technique to project the idea that white supremacists must save African children, as they have nowhere else

after suffering a meltdown, walking naked on the streets of San Diego. While his wife suggests that stress and exhaustion led to his illness, it raises serious doubts as to the aptitude of Invisible Children itself.

“Jason russell was admitted to a psychiatric facility on 18th march, after suffering a meltdown, walking naked on the streets of san diego.” to turn. The Ugandan government does not approve of the viral Kony film, as it implies that the government has not done enough to stop the dictator. The Ugandan Prime Minster, in his press statement, clarified that although he believed Kony should be captured, he had not been in Uganda for the past 6 years and US intervention in Uganda was not necessary. US interference here would surely open floodgates to criticism regarding the lack of interest in other war torn areas of the word, such as parts of Eastern Europe and other African nations. Critics will point out that the US can hardly deem itself to be a perfect nation, with its’ continuing unpopular healthcare system and the major criticism it faces due to the deployment of troops in Afghanistan and Iraq. Should the US not sort out its own problems before it goes to the rescue of other nations? Since almost two thirds of money raised by Invisible Children goes towards economic growth and advertising campaigns, rather than actual change within Uganda, it seems odd to invest in this organisation, when there are so many others with a better allocation of their financial resources. The organisation’s image took a turn for the worse when Jason Russell was admitted to a psychiatric facility on 18th March, less than two weeks after the video was released,

‘KONY 2012’ is a worldwide phenomenon and could well continue to grow bigger. It will be interesting to see what culminates on 20th April and if a positive result is achieved by the end of 2012. The cause, on the surface, looks like a genuine attempt to serve international justice, but it is foolhardy to think it is as flawless as it seems. Prior American intervention during wartime in previously mentioned countries has taught us that, when the Americans enter, they tend to stay. The fact that the Ugandan government and most of the Ugandan people do not support the movement should be taken into consideration when deciding whether the motives of Invisible Children are sincere or if they are taking advantage of the consumerist, money-driven attitudes of society. Whether the campaign is a sincere attempt to stop Kony or an American excuse to intervene or even an elaborate ruse to make massive financial extortions from the oblivious public, it is, nonetheless, an effective campaign. It has captured the attention of the masses and only time will tell us how this story unravels.

Swetha Sabu Ganesan.

SU.NOTTINGHAM.AC.UK/ADVOCATE

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Current Affairs

AMENDMENTS TO THE LEGAL AID On 29th February 2012, the Ministry of Justice (MoJ) proposed two key amendments that it has made to the Legal Aid, Punishment and Sentencing Bill mere days before it moves into the Report Stage in the House of Lords. Firstly, the broad definition of domestic violence used by the Association of Chief Police Officers (Acpo), which extends beyond physical abuse to include psychological, emotional and financial abuse, will be employed for the purposes of this bill. The Amendment enables the provision of legal aid for civil claims where:

what would have been that week; (ii) if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V’s birth. (3) The second condition is that— (a) the services are provided to V, or (b) V has died and the services are provided to V’s personal representative.

people who have been denied access to justice. The MoJ had earlier responded by stating that it was reforming “no win, no fee” agreements, through which such victims can still have access to legal aid. Under these arrangements, lawyers would no longer claim “success fees” from the party which loses the case.

The two Amendments should be welcomed by the numerous

When previously announced by the government, the plan to scrap medical negligence legal

detractors and campaigners who opposed the bill, which had previously suggested that clinical negligence legal aid be scrapped. The previous draft was also criticized for having a definition of domestic violence which was too narrow. The bill was aimed at reducing the expenditure on civil legal aid from the annual budget by £350m. However, critics were of the view that victims caught in the wake of such a move would be a group of especially vulnerable

aid faced such strong opposition that a charity organization, Action against Medical Accidents (AvMA) sought to challenge this through judicial review in September last year. AvMA argued that there were overwhelming arguments in favour of retaining legal aid for clinical negligence. In their view, the ends do not justify the means in this case. Legal aid spending on clinical negligence is approximately £17m, which is both a minute percentage of the £2.2bn

“(a) there has been, or is a risk of, domestic violence between A and B, and (b) A was, or is at risk of being, the victim of that domestic violence.” Secondly, it is proposed under the bill that legal aid be made available in civil claims brought for clinical negligence: “20A (1) Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met. (2) The first condition is that the clinical negligence occurred— (a) while V was in his or her mother’s womb, or (b) during or after V’s birth but before the end of the following period— (i) if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of

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ADVOCATE MAGAZINE: SPRING ISSUE


BILL: PROGRESS OR REGRESS? budget, and a fraction of the £350m that the MoJ were hoping to save on through passing this bill. These cost savings will come at the stake of needy and deserving victims of clinical negligence, and could ultimately also harm the NHS’s work on patient safety, resulting in increased costs. With the proposed Amendment on clinical negligence, a limited number of clinical negligence claims will be brought back within the scope of legal aid.

However, it seems that not everyone is satisfied that the two Amendments are enough. A Law Society spokesman commented hopefully that the government has finally realized that some of its

positions are simply untenable. He added that while the Law Society would study the concessions that had been made carefully, these concessions ought to merely be the first of many. To sum up, he argued that the bill, even with its proposed changes, would not be the best way to achieve the aim of cutting costs, if that is the aim. Instead, the bill cuts the ability of ordinary people to secure justice, by making the risks too high and the costs simply unaffordable. Campaign group

“Justice for All” can be said to concur as they reiterate that while the concessions are welcome, they fail to extend far enough.

be more concerned as to what the rationale is behind the specified time frame of 8 weeks from birth within which the clinical negligence must have taken place, in the event that the baby was born during or after the 37th week of pregnancy. This figure of 8 weeks seems to be arbitrary, and may not serve to fulfill the objectives of legal aid in terms of increasing accessibility to justice, since it seems to be a blunt tool rather than one which is discerning, where, for instance, courts may be awarded a discretion to allow other victims of clinical negligence the advantage of legal aid under extenuating circumstances. A more startling thought is that while these amendments are not nearly enough, they may not be steps in the right direction at all. It is necessary to consider that the political backdrop against which the bill is being considered is one where all parties agree that public expenditure must be substantially reduced. Thus, it is increasingly necessary for a shift away from public funding and towards private funding for civil cases to be litigated, especially since the expenses exceed the current prescribed rates for assistance. While it does seem at the moment that civil claims for clinical negligence should be brought within the scope of legal aid, it may be necessary for the government to find a more viable alternative which will reduce the strain on public expenditure soon.

Joanna Ng

Members of the public seem to

SU.NOTTINGHAM.AC.UK/ADVOCATE

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Current Affairs

MEGAUPLOAD AND THE FUTURE The notorious case of Megaupload Ltd concerns the online Hong Kong-based company, which was founded in 2005, having its domain names seized and its sites shut down by the U.S Justice Department in January of this year. This followed the indictment and arrests of the owners, most notably Kim Dotcom, for allegedly operating as an organization dedicated to copyright infringement. The Customs and Excise Department of Hong Kong has frozen the company’s assets, which amount to over HK$300million. The case has not yet reached trial, but it raises many issues which the law faces in light of the availability of filesharing and piracy in the modern technological world.

December of 2011. The music video itself had its own legal issues initiated by the record company Universal Music Group (UMG); it was claimed that the UMG had ‘the right to block or remove userposted videos through YouTube’s Content Management System based on certain contractually specified criteria’. However, YouTube denied that the right to take down videos existed unless the rights were owned by that party or they are live performances controlled through exclusive agreements with their artists. The video was therefore reinstated but the brazen advertising of the upload service which was so frequently used illegally was no doubt a factor in provoking a reaction from the US government.

The company’s web services extended through image, video and music hosting through to advertisement and financial services. Although file-sharing is a legitimate business, Megaupload Ltd was allegedly

Megaupload maintained throughout that ‘activity that violates our terms of service or our acceptable use policy is not tolerated, and we go to great lengths to swiftly process legitimate DMCA takedown

‘‘The site is accused of losing copyright holders more than $500m (£320m) in revenue.’’ being used almost entirely for illegal purposes. In January of last year, MarkMonitor claimed in ‘Traffic Report: Online Piracy and Counterfeiting’ that Megaupload and Megavideo were in the top 3 websites classified as ‘digital piracy’ with more than 21 billion visits per year. The (rather catchy) music video ‘The Mega Song’ was created in

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notices’. Legally, if the effort undertaken is as described, Megaupload would not be liable for the illegitimate use of the service by 3rd parties. However, in the indictment, the Department of Justice alleges that Megaupload organised the company’s computer system’s architecture around the ‘rapid and repeated distribution’ of copyrighted works. The company allegedly reproduced materials

ADVOCATE MAGAZINE: SPRING ISSUE

from other websites, including YouTube, and then made them available on Megaupload. The site is accused of losing copyright holders more than $500m (£320m) in revenue. Moreover, US prosecutors have also recently added wire fraud to their case. The domain now re-directs to a notice which specifies the federal crime charges. The indictment states that Megaupload executives are themselves ‘willfully infringing copyrights’, crucially that they ‘have actual knowledge that the materials on their systems are infringing’ and even ‘receive a financial benefit directly attributable to copyrightinfringing activity where the provider can control that activity; and have not removed, or disabled access to, known copyright infringing material from servers they control.’ The document also highlights one particular user called ‘VV’, who has uploaded 16,950 in aggregate to several of the company’s sites, generating more than 34 million page views over 6 years. Despite receiving numerous requests for removal, records show that none of the uploaded files were removed, so Megaupload does not seem to have enforced the terms of the site very diligently. Further, Megaupload actually paid user VV $3,400 through its rewards programme. The effectiveness of targeting one company has to be questioned. Although Megaupload boasted an impressive 4% share of the internet and the seizure of the domains has had the intended


impact in the short term, it seems that it is only a matter of time before the gap in the market for an online file-sharing website returns. The company’s popularity stemmed partly from its speed and reliability and ease of use for free

The shutdown of Megaupload occurred in the context of the Stop Online Piracy Act 2005 (SOPA), which aims to expand the ability of the US law enforcement to combat online trafficking in copyrighted intellectual

Service in the investigation prior to the arrest. Dotcom was initially denied bail due to alleged risks of fleeing to Germany, but was eventually granted bail over a month later. His release was under the condition that he remains

‘‘In January of last year, MarkMonitor claimed in ‘Traffic Report: Online Piracy and Counterfeiting’ that Megaupload and Megavideo were in the top 3 websites classified as ‘digital piracy’ with more than 21 billion visits per year.’’ users when downloading content. These are qualities which can quite straightforwardly be copied. In the same way that the super injunctions of numerous high profile celebrities, which aimed to prevent the media from reporting details of their private lives, were turned into a mockery by being revealed on Twitter and shared with tens of thousands of users,

the law may struggle to step in and control those heavily involved with online piracy.

property and counterfeit goods. A group of hackers known as ‘Anonymous’, pictured in their Guy Fawkes masks, attacked the US Department of Justice’s website, among others, in reaction to both events which happened in close consequence. Though ‘Anonymous’ is seen by some as sympathetic to piracy and its methods are somewhat extreme, SOPA was received negatively more widely by the public; the Wikipedia Blackout for 24 hours on January 17 asked its visitors to ‘imagine a world without free knowledge’. It is feared that it will have a restricting impact on the online freedom of speech as well as having the potential to create practical issues for web-related businesses because of the broad scope of the Act. On January 20, Dotcom was arrested in Coatesville, Auckland by the New Zealand Police who were acting in cooperation with several authorities including the United States’ FBI and the London’s Metropolitan Police

within 80 km of his home and he is barred from using the Internet until the courts hear his case and decide the fate of both Dotcom and his company. Moreover, the judges’ decision will have a huge impact on how SOPA is applied and the future of freedom, or lack thereof, of web-use.

Hannah Drake

SU.NOTTINGHAM.AC.UK/ADVOCATE

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THE RISE OF THE ABS: THE CHANGING FACE OF CHAMBERS

Sketch by Jack Wong

When you picture a common, everyday barrister’s chambers, what do you picture? I imagine we can all agree on this matter; we imagine a quaint organisation lodged behind the grandeur of Temple’s gates, off Chancery Lane. We imagine a small set of practising barristers, each self-employed but united in the sharing of offices, traditions and collective force. Certainly, my experience of such organisations has been fascinating. In this vastly commercialised world, to come across a professional body marked with history, tradition and an innate stubbornness when it comes to change, I find refreshing. I’m sure most aspiring barristers would agree. However, the truth is that these chambers are increasingly being forced to change. The Bar is, despite decades of refusal, commercialising. There are many challenges facing the legal profession today. One

such example is all of the vast cuts that are being made to legal aid. The driving force behind this initiative is the Legal Aid, Sentencing and Punishment of Offenders Bill 2011. The current government proposes to cut £2.2billion from the legal aid budget over the next four years. Indeed, there are areas of litigation that will be removed from the scope of legal aid altogether, including asylum support, clinical negligence, education cases and (wait for it, first years) tort cases. Under the new legislation, infamous cases such as Alcock, an example of litigation funded by legal aid, would not exist. Although this may appear attractive from a student’s point of view, as there may be fewer lengthy battles where the courts bicker over the required elements of successful tort claims, such cuts will impact strongly upon the legal profession itself. The up-shot of reducing legal aid

is that there will be a reduction in the amount of litigation. There will simply be fewer cases for lawyers, increasing competition in the market greatly. Further challenges can be found in the changing roles of the legal professional. The traditional distinction between a barrister and a solicitor are slowly diminishing. Today, large companies are increasingly employing in-house counsel, removing the need to instruct independent barristers altogether. Large solicitors firms may now employ their own barristers, allowing such firms to handle a case from beginning to end, again removing the contracting of independent practitioners. The rise of the solicitor advocate may also cause a few more grey hairs amongst the Bar. Such individuals take the role of both solicitor and barrister, as solicitors are awarded

SU.NOTTINGHAM.AC.UK/ADVOCATE

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Current Affairs

rights to practice as an advocate in the higher courts. There are now approximately 4000 solicitor advocates qualified to practice either crime, civil or even both forms of advocacy. A further challenge can be identified in the concept of direct access, whereby the need of the solicitor is removed, with clients going directly to barristers. From these matters alone, it is easy to see that there is a great strain being exerted against succeeding in a legal career. In truth, however, there are even more frightening matters facing lawyers in the UK. The main change being forced upon the law today is that of the Legal Services Act 2007. There are two forms of legal body that emerge from this legislation: the Legal Disciplinary Practice (LDP) and the Alternative Business Structure (ABS). Until recently, I certainly hadn’t heard of either of these, let alone of the significance of them. First permitted in the Administration of Justice Act 1985, but only having come into effect in March 2009 following the 2007 Act, such practices provide legal services but are not necessarily owned by registered lawyers. ABSs are slightly different in nature, allowing law firms to exist as a limited company like any other business. These are owned and managed not just by lawyers but by external investors and managers. The rise of these bodies has been referred to as ‘Tesco law,’ emphasising a system whereby everyday companies such as supermarkets are able to provide legal services. Ironically, Tesco has not expressed any interest in

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moving into the legal market, but the illustration is still useful.

an attractive proposition from a client’s point of view.

One may ask, what is the great significance of all of this? The upshot is that the rise of the LDP and ABS represent the vast movement of commercialisation being forced upon the legal profession by Parliament. The effect of the Legal Services Act so far has been rather small. However, it is a growing market that is predicted to expand greatly. The SRA began taking applications for the formation of ABSs from 3rd January 2012. Within one month, 96 applications were received. If this growth

When looking at the impact of this in more detail, it is useful to distinguish between the professions of solicitor and barrister. Today, the solicitor market is, in comparison to the Bar, relatively commercial. Household names such as Clifford Chance and Linklaters are mighty, globally-funded organisations operating in the solicitor market. Although this may be somewhat of a generalisation, it appears that solicitor firms will be able to combat the effect of the ABS better than the barristers’

“.. the rise of the solicitor advocate may also cause a few more grey hairs amongst the Bar.. ” continues, it appears that the market may become dominated by these powerful companies offering high-street ‘Tesco law.’ If this materialises, the legal profession as we know it today stands to be shattered. Vast commercialisation will result in smaller practices such as local solicitors’ firms and niche barristers’ chambers struggling to survive. They do not possess the financial means to market in the same way or benefit from such economies which the globally-funded multinational company will be able to utilise. Rather than employ smaller, niche practitioners, clients will go straight to ‘the big boys’ and, I ask, who can blame them? With better marketing and enticing financial deals, larger ABS providers seem

ADVOCATE MAGAZINE: SPRING ISSUE

chambers. Where the solicitor market is already, to a certain extent, driven on a commercial basis, the Bar continues to refuse change. The market still consists of independent, self-employed barristers. However, with the rise of the ABS, one may find inhouse counsel, solicitor advocates and, considering the reduction in litigation from the legal aid cuts, the need for the independent barrister diminishing. This is a sad truth. My experience of life in chambers, minimal though it may be, has been that of a very captivating environment. One chambers broke at 3pm every day. All the barristers and clerks in-house (not in court) met in the Head of Chambers’ office for the ever-


important ritual of afternoon tea. Stories are exchanged of each other’s courtroom dramas and friendly advice is openly given. It is a very charming system that has served the legal profession for many generations. Yet now, it seems that there is no room for

“.. the Bar is, despite decades of refusal, commercialising.. ” such eccentricities and traditions. Barristers are being forced to commercialise or risk a severe lack of work.

Although it may be hard to imagine the ever-powerful institutions of the English Bar giving in to such pressures, the reality of the matter is becoming ever more apparent. However, all is not lost. The Bar has come up with their own weapon; that of ProcureCo, the brain-child of Bar Council Chairman Nicholas Green QC. Under the initiative, barristers will form separate businesses whilst remaining as independent practitioners to win work directly from companies, such as the emerging ABS. We cannot yet comment on the success of this new initiative in resisting the commercial pressures being exerted against the Bar. I, for one, certainly hope that it will. It would be a great loss

if our quaint institution of the barristers’ chambers were forced to break up with practitioners belonging to larger, externally funded mega-firms. I imagine if the question were put to most practising barristers today, whether they would rather go to work in the morning to their own rooms overlooking Grays’ Inn Square, or to their box in the corner of a Tesco management suite, the current feeling would become rather apparent. Good luck chambers!

Maxwell Myers

SU.NOTTINGHAM.AC.UK/ADVOCATE

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Current Affairs

RICK SANTORUM: PRAY HE DOES NOT The current Republic Nominee race in the US is causing me a great deal of concern. Concern may not be going far enough. Fear for the country as a whole may be more accurate and the current second runner, Rick Santorum, is causing me the most concern. His extremely conservative stance is admittedly not to my taste, but his manifesto reads as a sure-fire way to limit human rights and defile the constitution. Flagrantly ignoring the constitutionally mandated separation of Church and State, Santorum admits that the basis of some of his (most destructive) plans is his Catholicism. The First Amendment reads, in part, that ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ’. It has been built upon in case law, and in the Board of Education of Kiryas Joel Village School District v. Grumet, 512 U.S.

agreed that the Founding Fathers made sure the government had no jurisdiction over matters of religion, in large part to ensure that each American would be free to pursue a religion of their choice. Santorum must be banking on US citizens voting for him without realizing the highly contradictory nature of his policies; anomalies in what he is saying can be found everywhere, if one looks for them. For example, he acknowledges that the government should not over-involve themselves in religion, yet if he takes office his most extreme policies will be completely and totally founded upon his religion. One such policy, which has rightly received much media coverage, is Santorum’s campaign against certain manifestations of homosexuality. According to himself, Santorum does not have “a problem with homosexuals, but a problem with homosexual acts”. I would like to ask if, as a

“.. his policy towards homosexuals is more repressive than any of his running mates. Santorum wants to make a constitutional amendment against gay marriage with retrospective effect.. ” 687 (1994), Justice David Souter, writing for the majority, concluded that “government should not prefer one religion to another, or religion to irreligion.” It was JFK who said in 1960 that ‘I believe in an America where the separation of Church and State is absolute’. 50 years later Santorum

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man who has fathered no less than 7 children, he can distinguish between his being a heterosexual and his heterosexual acts. It makes me wonder, then, how he can separate the homosexual acts, with which he has a problem, from the homosexuals with whom he is ‘friends’.

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His policy towards homosexuals is more repressive than any of his running mates. Santorum wants to make a constitutional amendment against gay marriage with retrospective affect, meaning that the 131,000 civil partnerships, as of 2010, would be invalidated. He wants to ‘unmarry’ gays. This is one step further than any other Republican’s policies. At one political event, Santorum said that children would better off having a father in prison than being raised by lesbian parents. Rick Santorum is a well-educated, intelligent man and he must, I am sure, know that it is honest and loving people that make good parents. What, then, can make him think that a father in prison would be preferable than two such people, who happen to be lesbians? I propose that Santorum’s interpretation of religion is the reason. His views on Catholicism have led him to believe that homosexuality is ‘damaging to society’. Here we have a potential president, ignoring his logic and intellect in favour of religion – which is supposed to be separate from politics anyway! In an interview with CNN, Santorum critically compared an unborn child to a slave, with reference to their mutual lack of constitutional rights. He uses this as a basement for his argument that abortion should be prohibited, to protect unborn life. Further still, Santorum wants to criminally charge doctors who perform abortions. Whilst his empathy for slaves and foetuses alike is admirable, his complete disregard for the rights of the pregnant mother is somewhat baffling. It


BECOME THE REPUBLICAN NOMINEE.

strikes me as more than a little concerning to have someone running for president who places the value of foetal life above the fundamental rights of a woman, who is pregnant. Whilst the debate is very much alive as to whether a foetus should be regarded as a person in its own right, there is no question whether a pregnant woman is an individual deserving of rights. Surely, therefore, it makes most sense to give the woman predominant rights?

‘Game On’ is the phrase, ‘Game on, join the fight, we’ve finally got a man who will stand for what is right.’ I cannot help but feel that this ‘right’ is only right in the eyes of the heterosexual, Christian extremists, of which sadly there are too many. A ‘right’ based on Christian teachings as opposed to logic, compassion or humanism, which alienates those who do not subscribe to ‘God’s word’, and disregards the separation of Church and State to the extreme.

A post Super Tuesday video has hit Youtube, with the Harris’ from Oklahoma singing a wholesome family song praising Rick Santorum. Among the lyrics of

Santorum’s tag line of ‘Faith, Family and Freedom’ is almost humorous – how can freedom possibly be said to coincide with his homosexual repressing, bible

bashing views? The inclusion of faith as such a fundamental basis of his policies perplexes me so. It is unconstitutional. ‘There is hope for our nation again’ is another gem of a line from the song ‘Game On’. This seems worryingly delusional since the nation under Santorum will be one of fewer liberties, homosexual repression and nationwide policies dictated by ‘God’s word’ – whether you believe in him or not. When it comes to the Republican race, Santorum is definitely the worst of a pretty awful bunch.

Lauren Turner

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Charlotte Collins, slaughter and May I studied Law at Nottingham (and was President of Advocate in my final year), graduating in 2009, and am currently in the final seat of my training contract. Whilst at Nottingham I completed two vacation schemes, including one at Slaughter and May. I found the Slaughter and May application process refreshing, in that it consisted of a CV and covering letter, rather than a lengthy form, and the interview was mostly a conversation about me and my interests, with some lively debate thrown in. The vacation scheme was very informative and enjoyable, with a real focus on giving us a true picture of the career. Since joining, the training contract itself certainly has lived up to my expectations. The programme of formal training is excellent and I have gained valuable experience working on high profile and innovative deals for a variety of well-known clients. I have also had the opportunity to work in Dubai for a month and to go on secondment to our Brussels office for three months as part of my seat in the Competition department. There is no typical day in the office and I have found the work varied and engaging. Although long hours are inevitable at times, it is a very supportive environment and there is a strong emphasis on teamwork, so that working late seldom involves working alone and is always acknowledged and appreciated. One thing which really makes the Firm stand out is the quality of the people and their willingness to share their experiences and help others learn. Aside from client work I volunteer at a local law centre, which enables me to help local residents and practise giving advice, and I attend lunchtime French lessons held at the Firm to develop my language skills. Overall, I feel that the training contact has prepared me for the new challenges I will face as a qualified lawyer and I look forward to taking the next step. slaughterandmay.com/joinus


Fresh Perspectives

EXPULSION OF ROMA FROM FRANCE: VIOLATION OF INTERNATIONAL AND EU LAW France continues to expel a large number of Roma people and send them back to Romania. This mass expulsion from France violates the freedom of movement of the Roma, as guaranteed both in European and International Law. In my opinion, therefore, France is not currently complying with its international obligations. The Special Rapporteur of the UN International Law Commission stated that the discretionary power to expel aliens “is limited by the general principles ruling the actions

as are inherent to the international legal system, therefore States’ sovereign right to regulate the entry of aliens into their territory is not absolute, and its lawfulness has

State as well as its limits” according to the ILC in its 3rd report on the expulsion of foreigners. Articles 4 of the Protocol No. 4 to the European Convention of Human Rights and 19(1) of the European Charter prohibit collective expulsion. In Andric v. Sweden, the Court of Justice of the European Union qualified a collective expulsion as “a measure forcing foreigners, as a group, to leave a country except if such a measure is taken on the basis on a reasonable and objective examination of the particular personal situation of each foreigner of the group”. According to French law, European citizens have the right to stay within the French territory for a period longer than three months if they have a job or if they have

‘‘.. france is not currently complying with its international obligations.. .’’ of the States in the international order”. Naturally, the right to expel aliens is restricted by such limits

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to be determined in the light of the States’ international obligations. Indeed, “rules define the power of a

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the necessary resources, as well as health insurance, in order for them not to become an unreasonable charge on the system. However,


proving the length of time that the person has stayed within French territory is often an issue. The administrative Tribunal of Cergy-Pontoise (Case No. 0901211, 12 May 2009) withdrew the obligation on the person concerned to leave French territory, since the public officials could not establish that they had spent

to the same treatment, the Court estimated that doubt regarding the collective character of the challenged expulsion could not be excluded. In the case of Roma, French authorities rarely take into account the personal situation of each person. While working for the European Roma Rights Centre,

‘‘.. in the case of Roma, French authorities rarely take into account the personal situation of each person.’’ more than three months within the territory. Consequently, the burden of proof is on the public officials; they must collect all of the evidence establishing that the person was actually present in French territory for more than three months. In the application of the Silidor advisory opinion (CE, 26 November 2008) of the Administrative Supreme Court, the administrative Tribunal of Bordeaux withdrew an action brought against a Romanian citizen who introduced evidence proving that he had been in France for a period of less than 3 months. In Conka v. Belgium (5 Februrary 2002), the European Court of Human Rights ruled on the violation of the prohibition of collective expulsions for the first time. In that case, the individual situation of each person expelled was not taken into consideration. Since a large number of people of the same origin were subjected

it was witnessed that during three visits to Roma camps in the region of Ile de France, they distributed over 150 ‘obligations to quit the territory of France’ in just a few hours. It is certainly legitimate to doubt how each particular’s individual situation could have been given sufficient consideration.

European Commission sent a letter to France asking for a full implementation of the Directive as well as political guarantees on the effective and non-discriminatory application of EU law, in conformity with the Treaty on the functioning of the EU and the EU Charter on fundamental rights. Respect for non-discrimination appears as the cornerstone of the improvement of Roma’s legal status in France. The European Commission should open a procedure for infringement of EU law (inter alia violation of Directive 2008/38/CE and the obligation of non-discrimination) in order to hold France accountable. Providing legal assistance to Roma is also essential for them to fully enjoy their right to challenge the decisions to expel them. That is why the work of strategic litigation non-government organisations, such as the European Roma Rights Centre is crucial.

Erika Mechri

The European Parliament has already expressed its concern about the measures taken by French authorities against Roma and invited France to immediately suspend the collective expulsion of Roma people. It underlined that such measures are in contradiction to European law and treaties since they constitute discrimination based on the ground of race and ethnic belonging. In this respect, France has violated and continues to violate the 2004/38/CE Directive on freedom of movement. On September 9th 2010, the

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Fresh Perspectives

IS THE GLOBALISATION OF CLINICAL TRIALS EXPLOITATIVE? The past decade has seen a drastic increase in clinical trials moving to the developing world. It is now estimated that around one third of all trials take place there and this is set to increase. Whether or not this is a good thing is debatable. Media attention around the issue has spurred on much of this debate; most notable is the Pfizer meningitis trial which took place in the Northern state of Kano, Nigeria. The trial allegedly left eleven children dead and many more with severe disabilities. The trial highlighted issues with the lack of informed consent, lack of ethical approval and the shady dealing of the Pfizer lawyers who tried to bribe the Attorney General in their pursuit to avoid liability. The issues in this trial ask the question: does outsourcing trials amount to outsourcing risk? This article explores the pros and cons of the globalisation of trials and whether it amounts to outright exploitation legally and morally. The main advocate for outsourcing is the pharmaceutical industry (who account for the sponsorship of the majority of clinical trials). This is for three reasons: it benefits them; it benefits you and it benefits the developing world. Outsourcing allows drugs to be tested on a larger sample of people, quicker and at a fraction of the cost. This means drugs can arrive much more quickly to the Western market. The industry goes on to claim that the trials benefit the participants, and indeed many countries do welcome

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the trials. For the majority of people taking part this is their only access to healthcare and, if they’re lucky, the trial may even have some relevance to them. As awareness of this issue has gained more importance in the international agenda, post trial provisions have increasingly been an important consideration which means that when drugs work it will be provided even after the researchers have left the community. This is, however, a very limited concept and there is no requirement to benefit the wider community. It would be naive to think that the industry’s main aim was to benefit such communities. The other side of the argument is that uprooting from richer areas is driven by the possibility of less regulation and litigation. The developing world, characterised by poor health, poverty and illiteracy is largely free from adverse media attention,

“.. does outsourcing trials amount to outsourcing risk?” bureaucracy and stringent ethical and legal infrastructures. Consent may easily be sought from patients who don’t fully understand the nature of the trial because they haven’t been given enough information or because of complex medical concepts. This is

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compounded where drugs are not relevant to the locality and tested entirely on a limited sample of individuals which can lead to biased, unreliable data to the detriment of the participants and the European consumers alike. Obviously the answer to the question ‘Are clinical trials exploitive?’ is a qualified one. When globalisation of clinical trials is used as a cost effective way for the West to test their drugs participants become more akin to paid workers or guinea pigs rather than informed participants. Where trials are poorly designed, lack ethical committee input and give participants a lower standard of care then they should of course be considered unethical in any part of the world. On the other hand, when outsourcing is met with high ethical standards of practice some of the worlds’ poorest can receive good healthcare and play a vital role in developing new medicines. Some argue that it is paternalistic to assume that the developing world shouldn’t be able to legislate on clinical trials (a Western concept) in their own way. More weight is given to this view when you consider how Western type diseases (like Type II Diabetes) are becoming increasingly common in African and India. Furthermore, as medical scientists become more aware of the impact of genetic differences and individual responses to drugs it becomes vital that drugs are trialled on people with diverse genetic


but whilst this remains the only access point to sophisticated healthcare who would really push for the legislation that may drive away the researchers?

profiles instead of seeing the typical Western white male subject as being universal. The declaration of Helsinki has done brilliant work in this area by setting out clear guidance especially when it comes to what amounts to consent. All too often however researchers cut corners and ignore guidelines. Is it ethical to allow these trials without strict enforceable rules? Is it ethical that we allow trials that wouldn’t be allowed under

English or US laws? What alternative is there? There is little use is simply cutting and pasting our laws into the developing world where they have no cultural significance or adaptability to the locality. Moreover, many developing countries don’t have the health infrastructure required to make trials ethical (by the Western standard) let alone the legal structure to enforce such rules. The alternative is to allow countries to develop their own culturally sensitive legislation,

I think it’s important to approach this issue with a healthy amount of suspicion. Whilst it’s important to not ease our Western consciences by being overly paternalistic here, one should always have an eye to the fact that these trials are doing very little to diminish the global disease burden (90% of which falls on the developing world). Ultimately, progress needs to be financed and until the pharmaceutical industry and governments worldwide collaborate and make the global disease burden a high priority clinical trials participants won’t be able access vital drugs, making such trials, in my mind, exploitative.

Laura Mackennon

“.. it would be naive to think that the industry’s main aim was to benefit such communities. The other side of the argument is that uprooting from richer areas is driven by the possibility of less regulation and litigation.. ” SU.NOTTINGHAM.AC.UK/ADVOCATE

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Fresh Perspectives

HOMOPHOBIA IN FOOTBALL: TACKLING THE TABOO. With the concept of gay marriage being discussed by the Liberal Democrats very soon this year, the issue of homophobia within the field of football highlights the deeply rooted discrimination that we still face within society today. With the legalisation of gay couples in 1967 there have been many homosexuals in society who hold important jobs, such as politicians and entertainers, who have remained popular despite coming out, yet in the football world it is still considered wrong. Government figures show that seven per cent of the population are gay, but despite this there are over three thousand professional footballers in the UK and not one has openly come out. According to the gay charity Stone Wall, thirty per cent of players and managers said that they knew at least one homosexual professional player, so clearly there is an unwanted stigma attached to it which the players do not wish to have. Up and down the country there are still whistles, jeers and verbal abuse for anyone who is considered to be a homosexual and homophobia is, arguably, the final taboo left within the game of football which has yet to have been tackled with any real rigour. Society still looks upon the issue as a joke, and although it may be meant in a friendly, amusing way, chants such as, ‘Where’s your boyfriend gone?’ can seriously offend others. Although homophobic chanting was outlawed by the

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‘‘The issue of homophobia within the field of football highlights the deeply rooted discrimination that we still face within society today.’’ FA in 2007, it has made little difference, as too many football fans still consider it ‘friendly banter’ and refuse to report anyone. This means that there are no clear figures as to how drastic the problem is. However, Stone Wall revealed that seventy per cent of fans had witnessed gay abuse in the last five years on the terraces. The issue of homophobia is synonymous with the racial discrimination that occurred twenty years ago. Whilst the aim to kick racism out of football has, to a large degree, worked, there is still a huge amount of work to be for the same effect to be had on homophobia. David Testo, an American player, is currently one of the only footballers in the game who has come out as openly gay. He is out of employment at the present, which he has suggested could be down to his sexual preference. In other sports there is still underground homophobia but it is not as visible an issue as it is in football. Rugby star, Gareth Thomas, openly came out as gay

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last year and since then has been heralded for his decision to come out. Now, a Hollywood film is underway about his life. But could a footballer follow in the brave footsteps of Gareth Thomas and be a figurehead in the fight against homophobia? PR guru, Max Clifford, has suggested that it is not as simple as just coming out. Footballers are under heightened pressure, from the global moneymaking power of the industry that they work in, not to damage their ever rising commercial market value. Agents have the perception that a homosexual player may make them less money, for example by losing sponsorship deals. Players also fear that they will not be accepted by their team mates and will be abused on the terraces. One example of this is Graeme Le Saux, who was abused by fans even though he had a wife and children for his ‘un-laddish hobbies’, such as antique collecting and his university background. He commented that, “What I have had to say about my own experience is still as relevant today as it was


when I was going through it some seven or eight years ago. That is a sad reflection on the fact that this issue hasn’t been addressed”. Recent campaigns have sought to rectify the discrimination within football. The ‘Justin Campaign’ was created after the sad death of the ex-player, Justin Fashanu, who is still the only player to ever come out as openly gay. Fashanu was a very talented player and was the first black player worth one million pounds. However, once he revealed his sexuality in an attempt at challenging the stereotypes and misconceptions around lesbians, gays, bisexuals and transsexuals, there were jeers from the crowds for him. This arguably stifled his prosperous career. Sadly in 1998 Fashanu took his own life and, although it is unclear why, it is undoubted that the issues around his sexuality contributed. There are now more campaigns, such as the Opening Doors and Joining In campaign. However, only sixteen out of ninety two professional clubs, with only six of those sixteen being in the Premier League, who openly backed the Justin campaign. It had no support at all last year. All twenty Premier League clubs also refused to give their opinion on homophobia in 2005. On the other hand, Staffordshire University found that more than ninety per cent of fans would not feel hostile towards a footballer coming out as gay, and that most would stand by their player. In line

with the pressing need for change, David Cameron has also raised the issue of tackling discrimination in sport at 10 Downing Street recently, and a Charter was produced to beat homophobia, which every club has signed up to. Now, it is argued that we need to accept and celebrate different sexualities and eliminate discrimination and prejudice so

that everyone can be comfortable with their sexuality and be accepted within society. Jeremy Hunt, the Secretary of State for Culture, Media and Sport, highlighted the fact that football can reach parts of society which the Government cannot, which can make a real difference in this deeprooted problem. Football is a huge, global sport and it can help. He highlighted that players need

‘‘30% of players and managers said that they knew at least one homosexual professional player, so clearly there is an unwanted stigma attached to it which the players do not wish to have.’’ SU.NOTTINGHAM.AC.UK/ADVOCATE

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to appreciate their responsibility as role models to set the right example and tackle this issue head on. However, recently that has not been the case. Players such as Nile Ranger and Federico Macheda have been fined for homophobic comments posted on the social networking website, Twitter. However, this does show that the FA is finally clamping down on these misdemeanours and taking homophobia seriously.

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If the same resources were given to tackling homophobia as there has been in the fight against racism, then there is a real likelihood that this serious problem could be eradicated from the game that so many people throughout the world love. There needs to be serious investment in tackling the problem from the bottom upwards, with education programmes so that everyone can understand that a person’s sexual preference does not define who they are and is only a small part of them. There needs to be increased levels of reporting and higher levels of club support. If a top player came out as a homosexual, this would really help towards this goal and could make a drastic difference to how some perceive gay people. The FA’s six point action plan with the Opening Doors and Joining In campaign is education, visibility, partnership, recognition, reporting and monitoring. All these, if followed, will really help the gay community. Gay footballers and fans hope to win eventually, but they know it

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will be a long, hard season. The FA’s Opening Doors campaign is a step in the right direction and their upcoming report to government will provide a further opportunity to move the agenda forward. David Bernstein, the FA Chairman, speaking from Downing Street after the recent summit on discrimination within football said that the time had come ‘to really let actions speak louder than words’. Gay footballers and fans everywhere will hope that the FA chairman and his colleagues are true to their word. It is only then, and with the football community behind them, that ‘football v. homophobia’ will cease to be a onesided affair.

Patrick Kerin


WHAT MAKES A LEADING UK LAW FIRM? We work with high profile clients on well publicised deals We give our trainees early responsibility to run their own smaller matters We offer a six seat training system to allow trainees to make an informed decision We have a broad range of practice areas so we can fit our expertise to our clients’ needs We think about the future – we recruit future partners, not just future trainees We are based in the UK but that doesn’t stop us having a global reach We work together in a collegiate environment For more information about trainee solicitor recruitment, please go to www.burges-salmon.com/careers or call the team on 0117 307 6982. w

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TrAInEE: Jamie Crystal Joined: September 2011 Current Department: C2 – Communication, Media and Technology

I joined Allen & Overy in September 2011, having studied History & Politics at Nottingham University and I am now in my second seat in Communication, Media and Technology ("CMT"). My first six months at the firm were spent in the Banking department where I was placed in the General Lending Group. Before starting at A&O, I was aware that the firm is a banking powerhouse, and as such I was extremely excited to be joining a generalist banking group, where I would be exposed to a wide variety of financing. Of course, my feelings were bittersweet as I was nervous about joining such a prestigious group with such a limited background in banking law (i.e. one banking module during the LPC). However these nerves quickly diminished as not only was there intensive training sessions prior to joining the group, but there was constant "on-the-job" training by both your trainer and the associates. In banking, I have been involved in many different types of transactions, ranging from real estate finance to unsecured investment grade lending and from Islamic finance to a multi-million dollar facility for one of the world's richest men (who shall remain confidential!). I was given a lot of responsibility as a trainee in banking, including dealing directly with clients, attending Companies Court on my own and even participating in a one-on-one meeting with a partner from another international law firm. However, my highlight has certainly been taking two overseas clients to Old Trafford to see Manchester United in the A&O executive seats.

I am now in my second seat of my training contract in CMT, which is not only a specialist team supporting corporate M&A on all non-contentious IP matters, but also a general commercial group engaging in outsourcing agreements, life sciences and telecommunications (to name but a few areas). I have only been in the group for two weeks and so far so good. I am currently involved in a large transaction for a FTSE 100 company which is entering into a multi-billion pound loan (which coincidently I was working on in my old banking group). The team I am in is working on the security documentation from an IP perspective. This just emphasises how being a city lawyer is all about being a member of a team. Working at A&O is certainly challenging, but it is also lot of fun (we have a bar where all trainees frequent to on a Friday night). We are a truly global firm, constantly opening new offices around the world and we are constantly engaged in cutting edge deals – there is no wonder that not only was A&O voted the most innovated law firm of the year in 2011 by the Financial Times but also how our Senior Partner David Morley was the first city lawyer ever to be listed in the top ten most influential lawyers in the Times Law 100 in 2012, as well as being voted the most influential lawyer in the City in the same publication. So, if you are looking for a challenging career in an innovative and global law firm then Allen & Overy is the place for you.

“if you are looking for a challenging career in an innovative and global law firm then Allen & Overy is the place for you.” www.allenovery.com

© Allen & Overy LLP 2012 I CS1203_CDD-2457


POVERTY: THE NEW HITLER? When the Nazis slaughtered the Jews, they called it cleansing but we called it murder. While the Armenian population was culled, people remained silent and only too late did we say it was murder. When Joseph Stalin implemented his great purge, an estimated 900,000 people died but no one interfered. Genocide is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide as acts committed with intent to destroy a national, ethnical, racial or religious group. Such acts include killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the groups conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended

to prevent births within the group; and forcibly transferring children of the group to another group. Perhaps, however, the definition should go further to include not only intentionally destructive acts to specific groups, but acts which inflict such destruction though less intentional means.

the population. That is 36.9 million people. Worse still is the fact that 36.1% of children were living in poverty. Starvation dominated lives and no one knows how many children died per day from starvation. One wonders if this is because no one cared enough to keep track.

During the Nazi regime it is estimated that six million European Jews were deliberately and mercilessly exterminated. This is an undeniable horror. Though comparisons between atrocities can never be drawn, we would do well to remember the promises of ‘never again’ following the holocaust when considering the following very real situation in the US.

Such figures displaying the financial crisis in the US since the early 2010’s go on and on, each more disturbing than the last. When families lose their homes and ask for housing, they are politely told there is no more available. They are sent to camps where people live in tents with no money or food. They are forgotten.

In the past three years in the US, those living below the poverty line equated to approximately 15% of

No one even seems to know how many Americans now live in these sprawling tent cities. When one considers the entirety of America,

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Fresh Perspectives

it surely must be into the tens of thousands. Whole families sit, waiting. They do not revolt when the old freeze for lack of a blanket. They do not protest when the sick die for lack of simple medicines. They do not cry out against the

living in tent cities in America stood up, it would force politicians to pay attention. Instead no one even so much as complains. No one fights back or dares raise their voice for change. People would rather look the other way. We pretend it

80% of humanity lives on less than $10 a day. Hard to justify why every second child in the world exists in poverty. Hard to justify why the GDP of the 41 most heavily indebted poor countries, equating to 567 million people, equal less than the wealth of the world’s 7 richest people combined. And hard to justify why the world’s billionaires, just 497 people and approximately 0.000008% of the world’s population, are worth $3.5 trillion, over 7% of the world’s GDP. If you stay quiet, nothing will change. If you do not talk about it, nothing will happen. If you do not stand up against it, everything will continue on the same. It is the greed and apathy of humans that is harming humanity itself. People should be shouting out in horror against it.

system when children living in these conditions starve to death. Row on row, and line on line, they sit and stare. Their eyes empty from life, their hearts empty from hope. Politicians talk of the creation of jobs in the next five years, yet few living in such conditions will survive so long. Daily, the tent cities grow, with more families joining the mass of poverty stricken souls. It makes one wonder if there is really such a difference between shooting the poor lined up against a wall and sending them to such camps to starve to death. Why is it that not a single person stands up, speaks up, to say ‘this is wrong’? If even half of the people

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is not happening because it is not happening to us. At least not right now, anyway. When politicians develop a policy that starves the poor, do his hands remain clean of blood? When officials implement the policy, ordering the poor to such camps, are their hands clean too? What of the people who ignore it, or those who comfort themselves by saying that they cannot make a difference before going to sleep in their warm beds? What about you? If we don’t try to change this, can any of us claim our souls are not stained with the blood of these people? If money is not the root of all evil, it seems hard to justify why at least

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We have had camps before, based on race. Now we have them again, based on money. Look at the money in your wallet and question if that is all you are. If you are more than simply the money you have, how can you stay silent? They call it a political system. I call it murder.

Matthew McHale


THE ‘REASONABLE MAN’ ‘The man on the Clapham omnibus’ is a phrase well known to many law students. It owes its existence to Lord Bowen, who coined the phrase as a junior counsel defending the Tichborne Claimant case in 1871. Since then it has become distinctive

course, many key authorities, most obviously the Bible, use the word ‘man’ to incorporate both genders under a wider umbrella of ‘mankind’. However, one may still question why the judiciary is not referring to the reasonable man or woman,

in the law of torts, in particular in relation to claims for negligence. Such a phrase has extended beyond the borders of England and Wales. Hong Kong sets its standard against ‘the man on the Shaukiwan Tram’ whereas Australia has adopted ‘the man on the Bondi tram’. Across the Atlantic the lengthier phrase ‘the man who takes the magazines home, and in the evening pushes the lawnmower in his shirt sleeves’ has been established by one American author. There is no doubt that the ‘Clapham omnibus’ is rather outdated. If one was to ask where the omnibus departs from in London, you would be met with many confused faces. Hence, it is unsurprising that the phrase has now become the ‘passenger on the underground’.

especially when they state that they are whole-heartedly committed to equality within the law. Whether much strength lies in this argument is debatable. The law is a historical institution and has evolved through the centuries where women have been submissive to men. Therefore, it is not an unexpected consequence that the phrase has become established, even if it is now accepted as not meaning quite literally what it says.

However, underlying all these phrases is the idea of the ‘reasonable man’. One striking observation is the blatant misogynistic viewpoint that manifests itself in the phrase. Of

The word ‘reasonable’ poses some even more difficult challenges. The word itself is rather arbitrary. What is a reasonable thought? Surely we are too diverse to agree on exactly the same sense of reasonableness. After all, if we always agreed on what is reasonable then the courts would have significantly less litigation to handle. Ultimately the ‘reasonable man’ is simply a benchmark. The law is so entwined with society that to put human behaviour into context, the court must find a ‘one size fits all

man’; a man with such a standard and average outlook that his behaviour is neither outrageous nor sublime. This benchmark then becomes the standard by which we are all judged. Yet, this leads to the question of how we are to judge the ‘reasonable man’. What is reasonable will always be subjective, but in the law it is simply what the average, responsible man or woman in society would deem to be acceptable. Lord Justice Romer recognised in Hawkins v Coulsdon & Purley UDC that the reasonable person does not have the courage of Achilles, the wisdom of Ulysses nor the strength of Hercules, nor has he ‘the prophetic vision of a clairvoyant’. The ‘reasonable man’ is rather society’s accepted view; it is a construct through which the courts and the judge can examine behaviour and tell society what is acceptable and what isn’t. It must not be ignored that the ordinariness of the ‘reasonable man’ poses a problem in many scenarios. In negligence cases concerning professionals, such as in Bolam, the average man does not suffice. How many men on the Clapham omnibus are aware of the intricacies of electroconvulsive therapy and the effect it has on the breaking of bones? Consequently, the ‘reasonable man’ has to be flexible. He needs to adapt to become the relative ‘reasonable man’ who possesses such medical knowledge. What the ‘reasonable man’ thinks and does is ultimately dependent on the judge but the concept links with the all-important principle of what is ‘fair, just and reasonable’ in the circumstances, which significantly underlies the ethical nature of the law today.

Victoria Rowley

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Fresh Perspectives

SADOMASOCHISM IN THE AGE OF ‘WHY NOT?’ It’s pretty difficult to raise the subject of sado-masochism without being met by a shift in the atmosphere of the room. The image that S&M conjures up, for many people, involves dangerous instruments, PVC and a disenfranchised homosexual minority engaging in actions which ‘obviously’ should be criminalised. And yet in a society which no longer openly condemns either heterosexual or homosexual sexual experimentation, the line between sado-masochistic sex and ‘normal’ sex is increasingly blurred. In fact, a surprisingly significant proportion of the population who would not identify themselves as ‘sado-masochists’ enjoy sexual acts that involve some level of ‘pain’. I enjoyed writing my dissertation on the current legal position on consensual S&M in this country, because it forced me to think like a lawyer. I argued the case for a lifestyle choice that instinctively repulses me, because I know that legally, the criminal status of S&M is wholly unjustified. I hope that this article will prompt you to reconsider your own views on it too. In the landmark case of R v Brown, the appellants were convicted under sections 20 and 47 of the Offences Against the Person Act 1861 for engaging in sado-masochistic practices as evidenced in a video recording which had fallen into the hands of the police. They were convicted notwithstanding that none of the participants complained to the police in the first place, the events were conducted in private and without causing lasting injury, and, crucially, were conducted with the full consent of the participants. The criminalisation of their behaviour was affirmed by the European Court

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of Human Rights when Brown was considered at the supranational level as Laskey v UK. Following Brown, the law seems to be that consensual assault causing ‘harm’ above the level of assault (such as in S&M) is prima facie unlawful, unless such behaviour falls within one of the exceptional categories grafted by the common law, which subsequently legalises the conduct in question. This is substituted for the ordinary inquiry into whether the existence of consent, as a vital element of the offence itself, precludes the criminalisation of the behaviour, or whether consent operates as a defence to it. Thus if harm above the level of assault is caused, this can render consent extraneous.

boxer in a properly regulated boxing match can consent to be harmed by the other, and no limit is set on the level of harm permitted. The justification seems to be based on ‘public policy’ and the sport’s ‘social utility as a manly diversion’. But if we are persuaded by this, as Nicholas Bamforth points out, then the majority in Brown equating S&M with dangerous ‘violence’ loses sight of the activity’s social meaning for the participants. The crucial point is that for sado-masochists, violence is a meaningful part of sexual activity. Thus the significance of the violence involved is analogous to that involved in regulated contact sports

Brown (and a raft of other cases) placed S&M into this mysterious collection of offences where consent is irrelevant to the criminalisation of the activity. The law has done this by looking at the level of harm inflicted, the circumstances in which it is inflicted, and whether the activity is ‘injurious to the public’, and thus has defined S&M as inherently ‘violent’ as opposed to inherently ‘sexual’. By contrast, sexual intercourse is not the offence of rape waiting to happen – consent is at the absolute core of the inquiry. The Brown decision is completely defensible if S&M really is distinguishable both from all the ‘exceptional categories’ of conduct where a severe level of harm can be caused, and from normal sex. It seems clear however, that this is not established in either case. One of the most frequently discussed exceptional categories is boxing – a

ADVOCATE MAGAZINE: SPRING ISSUE

– it constitutes, for the participants, a vital component of the activity. Another well-established exceptional category is body modification. We can consent to someone piercing holes in our bodies, or embellishing our skin with tattoos, regardless of the level of ‘harm’ this actually causes


us from an objective perspective. While such practices are thoroughly accepted by modern Western society, Kelly Egan’s studies question why body modification should be justified by ‘public policy’ when necrotizing infections often lead to serious medical problems. These include extensive skin loss in some cases, while at the extreme end of the scale, teenagers have even died from blood poisoning that was blamed on recent piercings. Proponents of body bodification would justly assert that it can almost be regarded as a fundamental right, because as Jean DeGagne describes,

‘in some ways it is analogous to the right to have an abortion or use contraception, it involves a private decision based on personal autonomy’. Recall that the Brown activities were conducted in private and that the consent of the participants (had it been considered)

was legally valid, i.e. there was no incapacity or coercion, and therefore their decision was also based on personal autonomy. Where is the difference? It is interesting that the defendant’s act of branding his wife’s buttocks in R v Wilson absolved him of criminal liability because the branding was deemed ‘akin to tattooing’ which fell within this excepted category of body modification. But now that the problematic nature of body modification as a workable exceptional category has been exposed, the harmful activity in Wilson, which the defendant’s wife voluntarily welcomed and requested, does not seem so very far from the voluntary acts of S&M in Brown. Sharon Cowan’s recent work also throws some interesting light on the exceptional category of HIV transmission, because a wide reading of the case of R v Dica states that parties can consent to the risk of HIV transmission, which essentially allows for consent to the risk of serious harm for the sake of sexual gratification. Brown, by contrast, states that parties cannot consent to the risk of serious harm for the sake of sexual gratification. Of course, in Dica the sexual acts were defined as just that – ‘sexual’, whereas in Brown they were perceived as ‘violent’. Is this really the case? The answer is a resounding no. Thus S&M does not even need the refuge of an exceptional category of conduct. It is simply a form of sex where consent (or rather the lack of it) should determine its criminalisation. This can be seen in a number of ways: The characterisation of the activities as ‘violence’ in Brown must be predicated on the assumption that

they involved pain, and yet their Lordships failed to appreciate that pain is a fundamentally subjective experience. ‘Sex’ and ‘violence’ are not mutually exclusive because a certain sensation may scare or anger one person; yet arouse another [Blasius, 1997]. Furthermore, often some of what is seen as ‘normal’ (hetero)sexual contact involves fairly rigorous activity and can therefore involve bruising, scratching, biting and sometimes bleeding (internal or external). Studies have shown that over 50% of men and women have an erotic response to being bitten [Kinsey et al, 1953], and psychologically, the response to pain is often similar to orgasm. The physical demarcation of S&M and ‘normal’ sex is thus becoming harder and harder to define. Furthermore, just as body modification over time has become more accepted by society at large, the same is largely true of S&M. This can be seen not only in the removal of ‘sadism’ and ‘masochism’ from the Diagnostic and Statistical Manual of Mental Disorders, but also in popular culture and the media. Andrea Beckmann regularly refers to elements of consensual S&M as being part of the ‘subterranean values of society’. For example, Elle magazine recently featured an article called ‘The Dominatrix Next Door’ which stated that ‘the S&M scene has never been bigger’. Barbadian pop star Rihanna also released a track entitled ‘S&M’ on her 2010 album which reached Number 1 in the UK R&B Chart. The worldrenowned star and role model openly confessed in an interview with Rolling Stone magazine that she ‘might be a bit of a masochist’. The

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Fresh Perspectives

internet is also full of ‘sexual’ (S&M) free sites, and Beckmann believes this technological development ‘holds the potential for positive change in terms of diminishing formerly rigid borderlines of exclusion’. If she is right, then this widespread social acceptance of S&M should surely pave the way for a correlative legal endorsement. It is possible at this point to go even further and say that public policy not only demands legal acceptance of S&M, but also a positive perception of it. Robin Mackenzie views S&M as ‘a legitimate sexual preference of some proportion of the population’, particularly when engaged in by S&M communities such as those in Brown, if it helps to educate the curious about sado-masochistic practices, and therefore promote citizen’s health and well-being. Mackenzie also criticises the procedural inadequacies in Brown, such as the fact that only isolated acts of apparently sudden violence were exhibited on video to the judges. Since the actions were in the context of on-going negotiations and gradually increased stimulation (seen in other parts of the video), a more empathetic understanding of such practices should be fostered. Indeed, when it comes to promoting the principles of open communication, mutuality and sexual autonomy, S&M is arguably not of equal worth, but in fact potentially less worrying and exploitative than ‘normal’ sex. Gloria Brame for instance highlights the popular phrase ‘Safe, Sane and Consensual’ in the S&M community, where boundaries are expressly agreed in

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advance. Contrast this with ‘normal’ intercourse, where often consent itself is not even verbalised in practice. Sharon Cowan also asserts that a ‘sex-radical’ feminist would re-read S&M as a welcome opportunity for women to ‘step outside the traditional gendered socio-sexual scripts of passivity and victimhood, and away from subordination-laden protectionism’. For many people,

Our inclination to protect the rights of the people in question depends on characterisation, so, if the law insists upon mutual exclusivity, why can’t Brown be a legitimate sexual preference rather than a manifestation of brutality or deviance? I do not seek to argue that it should be possible to consent to anything at all. But unless or until Parliament pass a statute explicitly criminalising sado-masochism, it should be equated with ‘normal’ (inevitably heterosexual) practices, and thus be afforded the traditional ‘consent’ safeguard on criminalisation. J.S. Mill put the position most uncompromisingly when he wrote, in his celebrated Essay on Liberty, that ‘the only purpose for which power can rightfully be exercised over a member of a civilised community against his will is to prevent harm to others’. If therefore, as I have argued, S&M is sexual and not harmful or violent, then the prima facie criminalisation of sado-masochistic activities following Brown is plainly wrong.

Natalie Connor particularly those preoccupied with the residual inequalities between the sexes, it is arguable that such an opportunity should indeed be positively encouraged by public policy, which is somewhat chastening for Lord Templeman in Brown who contended that the appellant’s acts were ‘degrading to body and mind’ and ‘developed with increasing barbarity’.

ADVOCATE MAGAZINE: SPRING ISSUE


THE DANGLING CARROT BEGINS TO ROT Most law firms seem to dangle partnership in front of the trainees and associates like a juicy carrot. However, in reality it is only a small proportion of those people who will eventually become partners. After all, there is only so much profit to go around and those who are chosen to be partners have to be consistently adding value to the firm. In short, there are already many obstacles to partnership and might it be that the carrot is beginning to rot? The full implementation of the Legal Services Act 2007 brings an ‘alternative business structure’ (ABS) into the market, allowing lawyers to organise themselves with other professionals or companies. So far we have seen a variety of transactional structures, including an influx of mergers and acquisitions between law firms themselves. McGrigors and Pinsent Masons, for example, are preparing for a £282 million merger. Some law firms are receiving external investment from public limited companies and even non-legal sector companies. This can be seen with British Telecom plc, who applied for an ABS licence to give them a chance at entering the market. We can also expect to see private equity firms start taking a bite at the cherry. Private equity house Duke Street has recently acquired a majority stake in the Parabis Group, which is the parent company of Plexus Law and Cogent Law. The deal that values the Parabis Group between £150 million and £200 million is subject to approval from the Solicitors Regulation Authority (SRA). If these deals become

commonplace it appears as though trainees and associates should forget about making partner as the equity partners will be able to cash in on their stakes, effectively selling out their juniors. Let us consider the trainee who has overcome significant hurdles in acquiring a training contract and has the dangling carrot in her sight, or the associate who has worked her way up for several years and continues to contribute to the success of the firm. On the other hand, I do not think it would be correct to question whether

partners should sell their equity stake, as they have no reason not to. In reality, the size of the payout makes it well worth it. What

we can say, however, is that if these deals start to catch on then people who want to become partners may face the worry that the carrot, which has been dangled in front of their faces for several years, will begin to rot and be shoved into the pockets of private equity fund partners. If this concern does materialise then I can only see two weak possibilities for the prospective partner. First, join a partner-led firm which may consist of one or more existing firms operating as a group. This will obviously

give trainees and associates the possibility of pursuing a partnership position. However, the chances of achieving this are

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Fresh Perspectives

minimal because every prospective partner will undoubtedly chase these positions. There will be too many candidates competing at these firms. Therefore, this option does not seem a viable one. Secondly, join a new ABS entrant in the market. This might grant candidates a possible equity position depending upon the corporate structure. However, the likelihood is that these will not be available; rather these companies will probably be public limited companies that will raise capital and distribute profits through the stock market. Moreover, I anticipate that as the ABS route becomes a more popular structure we could see a backward step from traditional lawyer-partnership business structures. Whether a business entity investing in a law firm is a private equity house, public limited company or partnership does not seem to alter the position that trainees and associates will encounter. All that is necessary is a change in business structure insofar as displacing the need for the equity partners to be specifically lawyers. This increases the worries for students, trainees and associates because we could see a sharp decrease in legal partnership positions.

offered to individuals that have a financial influence such as an investor or financial director. The reasoning behind this is that these individuals are better placed to make investment decisions that will maximise the profits of the firm. The ultimate question in any event is will these deals catch on? One way we can analyse this is to consider the interests of, and the implications on, the affected parties such as clients, firms, investors and the legal market itself. It seems to me that these deals will undoubtedly become commonplace resulting in an increase in large law firms that are backed with plenty of capital and marketing power. It may be too soon to tell but anybody smitten by the eternal carrot dangling before him or her should err on the side of caution, as the process of putrefaction seems to be underway. Watch this space!

One might argue however that as long as the business remains in a partnership structure, a trainee or associate may still have a chance of making partner. Even if this is correct a further problem likely to occur is that any partnership positions on offer are not likely to be awarded to lawyers. It is more likely that such positions will be

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ADVOCATE MAGAZINE: SPRING ISSUE

Kushinder Birdi


Know it all Choosing to train as a lawyer and how to be chosen by Mayer Brown. We know how important the first steps in your career are, which is why we want you to know as much as you can about the realities of life as a trainee solicitor. If law is for you, we want you to know what we look for in a trainee. Not that we are looking for clones – we are a diverse group of people – but there are some important skills that we all share. Know more by contacting our London Graduate Recruitment team: E graduaterecruitment@mayerbrown.com T +44 20 3130 8524 Mayer Brown values diversity and welcomes applications from all sections of the community.

Americas

Asia

Europe

www.mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the “Mayer Brown Practices”). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe–Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. “Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.


Know it all

TRAINEE PROFILE

During my third year as an undergraduate Music student at the University of Nottingham, I decided I wanted to become a lawyer so started applying for Vacation Schemes. I also attended the University of Nottingham Law Fair which was a really good way to meet representatives of different firms and find out a bit more about them. I got a place to do a Vacation Scheme at Mayer Brown during April 2007. During the Vacation Scheme, I learnt a great deal about how a city law firm works and the type of work city lawyers do. I also chose to be assessed for a training contract as part of my Vacation Scheme. Law firms generally recruit two years in advance for training contracts and I was offered a training contract to start in September 2009. As I was a non-Law undergraduate, I had to complete my GDL (Graduate Diploma in Law) before I could take the LPC (Legal Practice Course). I did my GDL in 2007/8 at the College of Law in Bloomsbury. The GDL is quite a tough year, just in terms of the volume of work that needs to be covered, but I really enjoyed it and it definitely sets you up well for starting your training contract. Between 2008/9, I did my LPC at Kaplan Law School in London Bridge. Mayer Brown send all their prospective trainees to Kaplan and so we all got to know each other really well before we started our We know how important the first steps in your career are, which is training contracts.

Choosing to train as a lawyer and how to be chosen by Mayer Brown.

why we want you to know as much as you can about the realities of life

I started my training contractIfinlaw September 2009.we At want Mayer you Brown is mandatory to get transactional as a trainee solicitor. is for you, to itknow what we look and litigation experience and to go on a secondment either at a client in the UK or at one of the Firm’s for in a trainee. Not that we are looking for clones – we are a diverse group overseas offices. I spent time in our Finance, Employment, Commercial Dispute Resolution and of people – but there are some important that we all share. Pensions Groups as well as going on a secondment to skills the legal department of a large Investment Bank. I particularly enjoyed my time in the Pensions Group and when I qualified in September 2011, I was Know moretoby ourasLondon Recruitment team: lucky enough becontacting offered a job a newly Graduate qualified pensions lawyer. E graduaterecruitment@mayerbrown.com T +44 20 3130 8524 Mayer Brown values diversity and welcomes applications from all sections of the community.

Americas

Asia

Europe

www.mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the “Mayer Brown Practices”). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe–Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. “Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.


University Life

A LAW DEGREE

We all study law, but how many of us actually want to be lawyers? If that nagging doubt just won’t go away, read on to discover some unorthodox career options for you to pursue.

Politician

Do you want to change the world? Does public policy turn you on? Do you consider yourself a BNOC when in fact no one likes you? You’d make a great politician. With a thick skin and an air of self righteousness, take Westminster by storm, the world is your oyster card. You won’t be popular and are unlikely to have any lasting effect...but hell, I hear the sex life is good- and who wouldn’t want a second home in Bognor Regis?

Lecturer / Teacher / Tutor

Some people thrive in the structured and insular world of the institution – if University is the time of your life why leave? And we all adore a ‘good’ lecturer (nods to Gravells, Bartlett, Sandland, Birch). So be the object of this adoration. Have the ‘undivided’ attention of the great minds of the future... it’s like being on stage, except far more mundane. As to teaching, I wouldn’t advise teaching law, as universities seem to hate that. Choose a subject like Geography and supervise colouring in for the rest of your days.

Beautician

Somewhere out there is a beautician with a law degree; arguably not from our University (somewhere more like Trent.) Still, she (or he) has reached a state of vocational enlightenment many of us will never attain. She has shied away from the money and prestige in exchange for a life of simplicity and happiness. Be like her. The more beauticians there are, the cheaper the price of a Brazilian. And that’s good news for everyone.

Civil Servant

This seems like a sensible idea and you could do some good. Politics can be a bit of a shit though.

Outlaw / Criminal / Prostitute

Now you know the law, why not have some fun trying to break it? Identify a grey area or a blind spot and exploit your knowledge and cunning. Lead a mob, be infamous; Robin Hood is your idol. If you get caught you have lots of lawyer friends ready to leap to your defence, but you won’t get caught because you are smarter than that. A wise man once said to me, “GET OUT OF MY HOUSE.” Nay, I jest, he once said that we all pay for sex in one way or another, so make an easy dollar on your back. And as you undoubtedly know, prostitution in the UK is not illegal, but running a brothel or soliciting clients is, so if you do want to stay the right side of the law, do it right.

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University Life

Law Commission / Legislature

What are you thinking?! Seriously?! This would be my idea of hell. Deciphering tricky statute provisions is hard enough, now imagine writing them. And accidentally missing out the word ‘not’. Small error and you’ve screwed the whole country over. If you enjoy the challenge of decoding lengthy subsections may I suggest you become a detective and solve crimes instead. There is at least some potential for job satisfaction there. On the other hand you could have some fun with legal drafting, like the drafters of some of the older criminal law statutes clearly did. For example, see ‘s4 of the Vagrancy Act 1824: ‘Persons committing certain offences shall be deemed rogues and vagabonds and may be imprisoned for three months’. Splendid!

Psychologist / Illusionist

Derren Brown studied Law at Bristol. Apart from the obvious memory skills I haven’t quite worked out the link, but when I do, becoming his equal shall be my life’s ambition. So if you see me in a few years time, take care as you shake my hand. I will have taken your watch.

City Banker

Law nurtures many skills that could be applied in the city. You already have brains and drive and would probably thrive in a fast-paced and stressful environment. Sure, it may feel like you are selling your soul and you may feel a small twinge of guilt when walking past those Occupy folks (don’t get me started on them) with wads of cash from your multi-million pound bonus lining your pocket, but the guilt will soon be replaced by ecstasy or oblivion as you convert the money to investments/alcohol/drugs/ (whatever floats your boat).

Author

Are you that person in tutorials who always knows the answer, and a load of additional information that goes well beyond the parameters of the topic? If so, firstly I’d like to say congratulations, as the more you talk the less I and my poor hungover brain have to. Secondly, now shut up. You and your knowledge are making me question my very place on this course. You should write a book. That way should we want to hear you ramble on about obscure cases that even the tutor is struggling to remember, we could read your wretched book. And you would make a nice royalty from it. Better still become a Professor and write a book, make all your students buy it and bring out a new edition every year, that’s practically a business in itself. Make it only available in hardback and over 1000 pages long and then insist it’s brought to every tutorial. Why? Because you can.

Honey Trapper

Convert your in-depth analytical skills into the art of seduction and catch cheating husbands (and wives) in the act. Maybe there is such thing as a free lunch (and you don’t even have to go to the Baker Mac careers event to get it).

Bartender at Ocean

Bartender may be an over-glamorization. What I really mean is one of those poor sods in yellow t-shirts, who provide us with warm jaegerbombs on a Friday evening as we discard our dignity in the name of Baywatch while they watch silently on, hating life and hating David Hasselhoff even more.

Lucy Vallance & Natalie Connor

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ADVOCATE MAGAZINE: SPRING ISSUE


THE BAR SOCIETY WHAT’S IT ALL ABOUT?

The Bar Council has called us the best Bar Society in the UK that it has come across, so what are we doing that is so great? With a dedicated committee and strong support from all students, ranging from first years through to final years and studying a wide variety of subjects, we have been able to run talks, trips and workshops. These are subsidised for members, allowing you to partake in any of the following activities for a minimal price. Through offering events from all four Inns of Court the Bar Society aims to give students a chance to gain a practical insight into each of the Inns. For those who don’t know, all barristers have to be a member of one of the four Inns. They offer support and a chance to meet others in the legal profession, alongside educational talks and providing regulation of the BPTC. They also offer scholarships for a

range of purposes, including the BPTC and GDL. One such event which we participate in is a black tie dinner at the Inner Temple on the 13th March, which will give students the opportunity to talk to judges and barristers. In other words, it’s a great networking opportunity. Other events which we help organise include a lunch and a tour of Gray’s Inn on the 16th March and the Bench Call at Middle Temple on the 27th March. Perhaps the most famous trips run by the Bar Society, in conjunction with the Mooting Society, are those to the London Courts. At the end of term there will be a trip to the Supreme Court and Parliament, offering the opportunity to see advocacy in action. This is extremely useful for any budding lawyers as it allows for a practical insight into the legal profession which our studies do not offer. This is equally important for

those who want to be solicitors due to the importance of understanding the profession as a whole, and due to the benefit of succinct writing which is often displayed verbally by barristers. Whilst at the Supreme Court, Lord Phillips, the President of the Supreme Court, will be giving a talk providing an insight into life at the Supreme Court and more generally as a barrister. A further trip to London was for the National Pupillage Fair (pictured above) which, amongst other things, hosts talks on finance and working in certain areas of the law. We have also been fortunate in the number of chambers who have come onto campus to present talks and workshops. These include Richard Humphreys QC (Francis Taylor Building), Nicholas Green QC (Brick Court Chambers), Sara Masters (QC-to-be from 20 Essex Street Chambers) and Chris Gabbitas (1 High Pavement).

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University Life

These talks provide the opportunity for you to ask any questions you may have, to learn more about the bar and to connect with future employers. Whilst each of the speakers will offer information

about their chambers and their line of work, they all have useful, generic advice. Whether this is regarding how best to secure pupillages or tips for interviews, they are all keen to help. There have also been a number of talks with the aim of helping to enrich your applications and helping you to cope with interviews. For example, the ABS talk by Chris Sargeant is an important starting point for any lawyer. As a key area of development in the legal profession employers will want to be sure that you understand what it is and its implications. There have also been talks on mini-pupillages, BPTC and scholarships to provide the

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support and knowledge that you need to succeed. This year the Bar Society has been keen to increase the number of people who can participate in the

bi-annual mock trial. The mock trial enables two students to act as counsel, with witnesses, a judge and a jury. This year’s civil mock trial was on the 21st March. Due to interest in the mock trials and the benefits of participating, the Bar Society introduced a mock trial competition this year. This allows a large number of people to practice their examination skills, making it easier for them to make an informed decision as to whether to pursue the BPTC. All participants seemed to really enjoy the opportunity and we hope for an even bigger competition next year. We were particularly pleased with the number of non-law participants

ADVOCATE MAGAZINE: SPRING ISSUE

who were able to develop their skills in advocacy, despite not studying law. This year’s winner was Lauren Turner, who participated in the final with Natalie Connor, Tom Phillips and Elizabeth Pickworth. The photo to the left of this paragraph shows Lauren Turner with Stephen Platt at the competition final. Next year this event will be held in a new mock court, adding to the realism of the mock trial. With all these events and opportunities it is easy to see how we impressed the Bar Council. We hope that you have all reaped the benefits of the events and that they have been useful in improving your skills and knowledge. For those of you who don’t know if you want to be a barrister then these events are equally important; how are you supposed to make an informed decision without talking to barristers and experiencing the role? Remember, if you have any ideas you can talk to any members of the committee who are more than happy to bring your suggestions to committee meetings, or you could even be on the committee yourself !

Joanna Green, Treasurer of the Bar Society


INSIGHT INTO THE ERASMUS EXPERIENCE FINALLY! After 3 months of planning, filling in application forms, booking flights and packing a whole year’s worth of clothes and essentials into two suitcases, I was off to Prague! 22nd September 2011; that was the first day of a whole new experience, one that I wish would never end. It had been a year since I made the decision to study abroad, and my excitement had reached its peak. As the plane touched down at Prague Rayne Airport, I thought to myself, ‘Welcome Home!’ Immediately after that my thoughts were ‘Can I do this? What if I don’t like Prague? What if I don’t meet anyone I like? ... God did I pack everything?!’ But my first thought was right, it truly had become home to me; from the beautiful little cobbled streets, to bumping into friends in the law school, this year abroad turned out to be one of the best decisions of my life. When I came to Prague, I had no friends here. Admittedly, there was another boy from Nottingham University, but he was more of an acquaintance – you could even say that he was a safety net if I really found myself in trouble. So the first thing on my agenda was to get to know people and to make friends. I found myself in the position of being a ‘fresher’ all over again, so there was only one thing for it, and that was for me to dive in! Living on a corridor with 20 people certainly helped. After living in Hostivař (student accommodation) for just two days, I had met a number of great people. We went

sightseeing together, had a BBQ in the park, and sat talking and drinking until sunrise. But that first week was just the tip of the iceberg. Once lectures started, I met even more people from all over the world. To me, this is what Erasmus is all about; meeting students from everywhere and anywhere, even places you have never heard of (like Slovenia, who knew that was a real place?!) By the end of the first week, I had a nice group of friends from Germany, France, the UK, Sweden, Luxembourg and the Czech Republic. They were all very different people, with different backgrounds and different personalities, but they were also very similar, in the sense that they were all looking for the same thing from the year abroad. With all of us being students, the one thing that was high on our agenda was to find the best clubs and bars, so after meeting with Pavel at his flat for a predrinking session, we headed out to explore the town. My first night out could not have been any better; being with a girl from the Czech Republic who had studied in Prague was like having our own personal tour guide. Our first stop was Dlouha, which is a street of bars, bars and more bars. We started off in Bombay Bar, which had quite a chilled atmosphere, and where we could just sit and have a few cocktails. Next, we moved onto El Mojito Café, which of course meant that we had to order mojitos! By this time it was about 1am, and apparently that is the normal time in Prague to head to

a club, so we jumped onto a tram and headed to Club Cook which is actually a converted car park, and turned out to have foosball tables and a swing inside! Getting home as the sun rose at 7am was just the icing on the cake. I’m sure there’s no need to tell you that my first night out was a night never to forget. But as much fun as that was, there were a lot of other places that needed to be explored during the day. One of the things that made me choose Prague out of all of the other countries was its intricate and exciting history. With so many historical sights to see, it was hard to decide where to start. So we started with one close to the university, somewhere we had passed by every day on the way to lectures but never explored, which was the Old Town Square and the Astronomical Clock. Walking through the streets of Prague, I had already seen some beautiful architecture and inspiring structures. But the Old Town Square was a whole new story; from the fairy-tale Týn Church to the sweet-looking Kinský Palace, each building screamed grandeur and decadence. But the Astronomical Clock is what holds ones true fascination – such an intricate structure, this clock doesn’t just tell you the time, it tells you when the sun will rise and set, it tells you the phase of the moon, and even the current zodiac sign. As we got to the top of this impressive structure, we realised that its magic continued. The view from the top was spectacular; with the sun just setting, the landscape was painted in gold and rosy pink.

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University Life

It was a view to remember. From here, we caught our first glimpses of Prague Castle and we knew that would be our next stop. In fact, I fell in love with Prague, the sights and the history so much that I started working part-time as a tour guide. What better way to immerse myself in the history and culture of Prague than to take tourists on a walking tour of the city, starting up at Strabo monastery, showing them Prague Castle and St Vitus Cathedral, Charles Bridge, the Jewish Quarter, Old Town Square and finally the

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Astronomical Clock? It felt great showing off what I considered to be my city to like-minded people, and it turned out that most of the people were students on an Erasmus year in a near-by country. They had come away for the weekend and it was great to talk to them about their experiences and to find out the best places in Europe to visit. As much as there was to discover in Prague and the Czech Republic, there were also so many neighbouring countries that were waiting to be explored. In

ADVOCATE MAGAZINE: SPRING ISSUE

November a group of us made our first trip outside of the Czech Republic and went to Budapest. The excitement of seeing another new place hit me all over again and I was so impatient to go from the moment we had booked it. And it was definitely worth it; Budapest was beautiful, with as much to see as Prague but with the added bonus of having thermal baths! I will never forget the feeling of standing outside in a bikini in -5°c before plunging into a pool of 35°c; it was as if my body was on fire, but in a good way. After that experience, my thirst for travel couldn’t be


quenched, and with all of the extra money given for Erasmus grants, I had no excuse not to. I travelled to Belgrade, Vienna, Hamburg and even Madrid, and had just as much fun in each and every city. Overall, my year abroad has been the most fantastic experience I could ever imagine. I must say, I heard the same from all of the fourth years when I was still contemplating coming abroad, and I couldn’t understand how one year could affect someone so much. They were all so excited to talk about their experiences, to

try and explain what it was like, and to urge us to go for it. At the time I was sceptical as to whether it would be quite as amazing as they had made it out to be, but was determined to make the most of it either way. But as you can probably tell from this article, it really has been just as incredible as they all made it out to be.

of person who loves adventure, who loves to meet new people and who loves to explore new places, a year abroad is exactly what you’re looking for. And if you need any more of an incentive, it also looks great on your CV.

Kristina Tailor

So that is my story, and I have just one thing left to add. If any of you are thinking of doing a year abroad, go for it! Don’t even hesitate for a second, because it’s not worth the thought. If you are the sort

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University Life

TOP TEN TIPS FOR MOOTING I’ve reached the end of my final year and this has led to a clichéd look back at what I have learnt during my three years at The University of Nottingham. The greatest learning curve I have embarked on, other than conquering EU law, is probably the improvement of my mooting skills. I was a very scared and nervous mooter in my first year but each year I have improved very slowly and have finally had some success. This year I have been fully immersed in internal mooting, external competitions and attempting to strike fear into the hearts of first year mooters as a judge. So here are my top ten tips:

1.I wasDoannot give up. abysmal mooter in first year and made many of the classic mistakes. I could easily have decided to give up and thus avoid humiliation in front of my peers again. On the other hand, it is important to remember that mooting is an art like no other and it is unlikely that you will have come across it before your first week at University. Some of the terminology we use isn’t natural and getting to grips with the law is far from easy. Seek feedback from your judge and constructively criticise yourself, but most importantly practice as much as you can as there is no better way to learn.

2.I willRead the Mooting Handbook. repeat that again. Read the Mooting Handbook from cover to cover and never lose it. It is surprising the amount of times mooters will be docked lots of points for basic mistakes. If you can get the basic points down to a fine art then you can guarantee yourself a good mark even if the rest of your moot goes badly.

3.ThisDress sharp. has two effects. Firstly, it shows your judge that you are serious about your moot. Secondly, it makes you feel great and the better you feel the more confidence you will give out. The impression that you make on your judge is very important.

4.It isBeimportant confident. to make your judge believe you are confident in your own submission. You need to get your judge to trust

your argument is correct or he will stop listening to you. I accept this isn’t always easy, especially when you are arguing that the caning of children isn’t a breach of Article 3 prohibition of torture for example. It may be hard to believe what you are saying but if you can take it very seriously then your judge will too. Your point may be rubbish, but if you can argue it well then a judge will give you credit.

5.YourMake it easy. judge wants the moot to be effortless, he would like to just sit back and relax. In your Heads of Argument you need

to make your submissions clear, precise and easy to follow. Your bundle also needs to be fully prepared, put in another copy of your Heads and of the facts. Then go crazy with the stationary with full cases; fully tabbed, numbered and highlighted cases.

6.AvoidDon’t use a speech. using a speech at all costs. If you can, then avoid using notecards. The problem with notecards or speeches is

that they create a barrier between you and the judge. Part of gaining the trust of your judge is about maintaining eye contact. You can practice this by mooting to yourself in the mirror, try to look yourself in the eye for the entirety of your submissions and you will notice the difference it makes. However, even the best of us need a speech sometimes. If you have to use notes then hide them in your bundle, this makes it less obvious that you are relying on notes.

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7.TheKnow your arguments inside out. further you progress the more flexible you must be. Sometimes a judge may wish to go through your submissions in his own order, which means you have to be prepared to jump around quite a bit and without hesitation. It is helpful to practice on a non law student who will ask questions and throw you off guard.

8.Especially Be prepared for Judicial Questions in the later rounds judges will question you more thoroughly on particular points in your argument. It is

important to think about the weaknesses of your case before your moot in order to pre-empt what the judge might ask you. This links to the flexibility and confidence points above. If you remain unfazed throughout a tough grilling then your judge will be more convinced by your case. N.B. if it is clearly a losing battle then do concede!

9.If youTheare Power of the pause. interrogated it is very easy to flounder under the pressure. Don’t be afraid to take a moment to look through

your notes and gather your thoughts. Your judge will prefer a pause and a good point to a quick burst of waffle. The other use of the pause is to emphasise your point and let the judge digest what you submitted.

10. Immerse yourself in advocacy. Go and watch as many moots as you can. It is a great way to get the inside news on possible judges, we often use the same judges from the same chambers and you will instantly feel more comfortable if you know a judge’s style. Secondly, you may see a senior mooter who will later judge one of your moots. The judges in the first few rounds are drawn from the BPTC course and external team, if you have seen a judge moot before then you will know their style and what they like. More importantly, you can only learn good advocacy from other advocates. There are many different techniques that can be employed in a moot so the more you experience then the more knowledge you have to draw from. Remember to head down to the Crown Court once in a while, Nottingham has several high quality chambers that practice advocacy all day and are a free resource for mooters. Take every possible chance to improve your advocacy, whether that is by practice or by listening.

You have probably noticed that there should be a sequel to these Top Ten Tips. I’ve missed out some crucial parts such as having a sound legal argument rooted in authorities and a good grasp of the relevant law. But I’m still working that out so I’ll get back to you. In the meantime I will repeat my first point, do not give up. “It isn’t whether you do it well or ill, it’s that you do it all.”

Gregory Maguire.

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University Life

WHY ECO-TOURISM MATTERS For me, deciding to go to Borneo this summer was a no-brainer. I love orangutans, have an occasional interest in forestry and a voluntary trip to South-East Asia would be great CV filler. My 8-week condensed gap year, however, soon became more than a career advancer. It became a gamechanger.

hot but the mission was clear: by replacing the primary forest that had been ruined we would be having a positive impact, not only on the local community, but also on planet Earth, too.

Landing in the Malaysian city of Sandakan, I was first hit by an intense wave of humidity and then an intense wave of nausea as I realized that I had given up home comforts, Sunday lunches and reliable Internet to set up camp in the tropical rainforest. I was met at the airport by Jai, a senior member of the MESCOT Initiative, a group dedicated to sustainable tourism and conservation initiatives based on the banks of the Kinabatangan River. I was quickly briefed on my activities for the next 2months and slowly, I felt that intense feeling of dread slip away.

‘‘.. eco-tourism aims to unite conservation, local communities and sustainable travelling.. ’’

The International Ecotourism Society defines ecotourism as

Firstly, allowing travellers to take part in conservation has the basic consequence of education. The 1990s was the warmest decade of the last millennium. Forest loss and other changes to the use of

the solution and it is here where education has a major role to play. Research has shown that most eco-tourists take their experience home with them and they tend to stay in touch with the project once their placement has finished. Many have even been know to fundraise for their organizations on their return home. Conversely, for the host organization, volunteer and eco-tourism gives them a platform upon which they can state their message, aims and long-term goals. Conservation begins with awareness and eco-tourism goes some way towards providing the needed awareness.

“.. landing in the Malaysian city of Sandakan, I was hit by.. an intense wave of nausea as I realized that I had given up home comforts, Sunday lunches and reliable Internet to set up camp in the tropical rainforest.. ”

Secondly, there is a notion that circulates around the idea of individual empowerment. By involving the local community in the planning and execution of the conservation project there is a reduced conflict between the traveller and the locals. There is also an inherent pride in the project at a local level and it is possible that this could foster a more permanent commitment to the project by the local population. I was the witness

The aim for the next two months was simple. Help MESCOT plant more trees to replace the trees lost in forest fires and logging. The hours would be long, the climate

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“responsible travel to natural areas that conserves the environment and improves the well-being of local people”. Fundamentally ecotourism aims to unite conservation, local communities and sustainable travelling. Before Borneo, I had had a superficial inkling about these aims and why they mattered. Now I have reasons. Better than that, my reasons are threefold.

land account for more than 20% of carbon-dioxide emissions. It is estimated by the IPCC that the sea level will rise by between 180mm to 590mm by the year 2100. These three facts, arbitrary as they may seem, have one common cause; humankind. If mankind is the cause then mankind can also be

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to a similar situation like this on my trip to Borneo. MESCOT is an institution that has been set up by the local people for the local people with the help of foreign funding. This local genesis means that the people are proud of the project and are more committed to seeing its goals achieved. Finally, eco-tourism brings foreign visitors to the area. The employment of local people and the payment of fair wages will have a positive economic effect on the area as it prevents leakages of revenue earned via tourism.

This added income will go into the wealth cycle and eventually improve the prospects of the entire community. In Borneo, many families earned a secondary income by providing food and lodging to travellers and by selling trinkets and souvenirs to passing visitors. Everyone knows at least one person whose dream it is to travel the world. I know I want to. My trip to Borneo taught me that that there are different ways of seeing the world. You could stay in hotels and go from beach to beach, you could take walking tours of every

European city or you could ‘get dirty’ and enjoy a more hands on experience. Everyone holidays differently. The aim however must be to always holiday efficiently. Do not take more than you give. Try to neutralize the effect you have on the community you are visiting. For the sake of posterity, be an eco-traveller and aim to preserve what you have seen for future generations.

Kiran Mathew

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TRAINEE PROFILE NEETU CHADHA

I graduated from the University of Nottingham in 2009, after three fun filled years. As a law student, law seemed the obvious career path, but as you are all discovering, your troubles do not end here. There are hundreds of firms out there all purporting to offer the same thing and after reading a dozen manuals from the (excellent stationery opportunity that is) Nottingham Law Fair, it is easy to get confused by their similarities and dazzled by their salaries. My advice to you is threefold; start thinking about training contracts early, attend law fairs and read the material you receive there, and apply for a vacation scheme to get as much experience and exposure as you can.

NEETU CHADHA JOINED AS TRAINEE: 2012 EDUCATION: LAW, UNIVERSITY OF NOTTINGHAM SEATS: COMMERCIAL REAL ESTATE

ROUTE TO MACFARLANES I undertook two vacation schemes in London. Although I decided those firms weren’t for me, I gained excellent exposure and had some real experience to put down on my CV. Experience is key when applying for any job, and it’s great to have this experience to put down on your application forms. If you don’t manage to get a vacation scheme, look for other ways to gain experience; apply for informal work experience at regional firms, attend open days or help out at a Citizens Advice Bureau. All experience will be useful when it comes to assessment days! What impressed me about Macfarlanes above its competitors was the fact that as an organisation it wasn’t trying to follow the pack. It is particularly unusual for a City law firm to be able to offer corporate and commercial training alongside more traditional areas of law such as private client. After graduating from Nottingham, I studied the tailor made Macfarlanes LPC at BPP Law School in Holborn. In the second half of the LPC you study in Macfarlanes only classes (with around 30 future trainees). As BPP Law School is down the road from the firm’s offices, there was also training sessions

www.macfarlanes.com

(once a month to help get to grips with the different departments in the firm) and social events. These included bowling (at the swanky Bloomsbury Bowling Lanes) and numerous drink and dinner events. By the end of the year I found I knew a broad spread of people at Macfarlanes, including those trainees I started with at the firm as well as people already there. LIFE AT MACFARLANES I am currently in my first seat at Macfarlanes, in the commercial real estate department. I’ve been impressed with both the variety of work and the amount of responsibility that trainees are given. Under the supervision of various members of the department I may be running my own files dealing with leases of shopping centre units, running a small sale file or writing emails of advice. On other days, I may find myself assisting in the due diligence of a wider corporate transaction which numerous areas of the firm are working on. The great thing about working on these corporate transactions is that you will gain real exposure to the deal. Normally, you will be the only trainee (in your department) working on that deal so you become a bit of an expert. You may even find people asking for your opinion on drafting! The firm runs a variety of sports clubs (netball, football, rowing to name a few), a theatre club (which somehow seems to get tickets to great small shows) and is always open to supporting a good cause. Every year Macfarlanes organises a cabaret at Camden’s KOKO in aid of the charity of the year. In the next few weeks I will move, for my second seat, to the private client department. I can definitely say that I have thoroughly enjoyed my time in the real estate department and will be sad to leave (after six months you get surprisingly comfortable). But if I have learnt anything from my six months at Macfarlanes, it is that I will probably feel the same way about my next department in six months time.


CONTRIBUTORS Committee

Natalie Connor President

Rowan Tan Vice-President

Yina Koh Treasurer

Hannah Stiles Head Content Editor

AUTHORS Kushinder Birdi Lisa Bruce Natalie Connor Lucy Coulson Hannah Drake Swetha Ganesan Joanna Green Patrick Kerin Laura Mackennon Gregory Maguire Kiran Mathew Matthew McHale Erika Mechri Maxwell Myers Joanna Ng

CONTENT EDITORS

Victoria Rowley Kristina Tailor Lauren Turner Lucy Vallance

Catherine Sharpe Hannah Stiles Lauren Turner

DESIGN

SPONSORS

Hilky Chau Dominic Lee Luke Taylor Andrew Wai

ILLUSTRATORS Hilky Chau Giorgio Galluci Jack Wong

Hilky Chau Head Design Editor

Allen & Overy LLP, Burges Salmon LLP, Macfarlanes, Mayer Brown International LLP, Pinsent Masons LLP, Slaughter and May LLP & Westlaw UK

Published by The University of Nottingham Student’s Union

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MAKERS OF FINE LAWYERS We have a single objective: to create lawyers of extraordinary quality. We carefully select and nurture individuals with character, commitment and curiosity. We then give them the opportunities and the support they need to become exceptional lawyers, capable of advising the world’s leading businesses and business leaders. www.macfarlanes.com


Advocate Magazine Spring Issue