With spring officially here, we turn to a new chapter in the year. What stories are emerging in the legal sector, and what new trends will shape the space in this new season? Our front cover story for this month features Kennedy Koblin, a highly experienced family lawyer, who takes a close look at the phenomenon of parental alienation. When a divorce turns acrimonious, the actions of one partner can cause irreparable harm to a couple’s children and undermine the effectiveness of the separation process. You can read more on the subject on page 14. More insights come from Joy Davies and Callum Scott at Nottingham Trent University’s NLS Legal, where they discuss the value of ‘teaching law firms’ as a means of training the new generation of legal talent. We also take a close look at the developing battleground of AI-created art, its impact on artists and its potential consequences for the IP sector. You can find these respective deep dives on page 22 and page 32. As ever, the magazine comes with a full array of legal news and lawyer moves to keep you abreast of current happenings in the legal sector, as well as insightful special features tackling topics as diverse as talent retention and legal tech optimisation. Whatever your role or your sector, there is bound to be something here to catch your interest. We hope that you enjoy this edition! LAWYER MONTHLY©2023 Universal Media Limited Lawyer Monthly is published by Universal Media Limited and is available on general subscription. Readership and circulation information can be found at: www.lawyer-monthly.com. The views expressed in the articles within Lawyer Monthly are the contributors’ own. All rights reserved. Material contained within this publication is not to be reproduced in whole or in part without prior permission. Permission may only be given in written form by the management board of Universal Media Limited. Approx. 302,000 net digital distribution. Oliver Sullivan Editor Lawyer Monthly Welcome to Lawyer Monthly Magazine APRIL 2023 EDITION @lawyermonthly @LawyerMonthly @lawyermonthly company/lawyer-monthly Universal Media Limited, PO Box 17858, Tamworth, B77 9QG, United Kingdom 0044 (0) 1543 255 537 Production Team: Emma Tansey, Luke Ostle, Nathan Athersmith production@lawyer-monthly.com Sales Enquires: Jacob Mallinder Jacob.mallinder@universalmedia365.com
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6 Monthly Round-Up 10 Lawyer Moves FEATURE OF THE MONTH 14 Kennedy Koblin Divorce and the Threat of Parental Alienation MY LEGAL LIFE 22 Making Legal Education Count Joy Davies, Nottingham Law School 26 What ‘Teaching Law Firms’ Have to Offer Callum Scott, NLS Legal SPECIAL FEATURES 32 AI Art vs IP Law Oliver Sullivan, Lawyer Monthly 36 How Can Traditional Law Firms Stop a Talent Exodus? Alex Dick, Alexander Lyons Solutions 40 The Legal Sector’s Revolution Will Not Be Televised Ilija Ugrinic, Proactis 42 Bond Restructuring in Luxembourg Anne-Marie Nicolas and Noémi Gémesi, Loyens & Loeff 46 Taxation Guidance for German SMEs Céline Koch, RTS EXPERT INSIGHT 50 Litigating Birth Injuries and Medical Malpractice Armand Leone, Britcher, Leone & Sergio LLP 54 Securing Freedom-to-Operate Opinions Yannie Chan, InCompass IP 58 Choosing an Attorney for a Utility Patent Jeff Streets, Streets Lawfirm, PC 62 Supporting Internal Data Protection Officers Lukas Lezzi, LezziLegal THOUGHT LEADER 68 The Development of Alternative Dispute Resolution in Venezuela Jorge Isaac González Carvajal, González Carvajal Abogados 72 What Are Australia’s Aged Care Challenges? Julia Abrahams, Catholic Healthcare Limited 76 The Current State of Intellectual Property Law Julie Katz, Katz Group LLC TRANSACTIONS 80 What’s Happening in the World of M&As and IPOs? Contents 22 58
UK Government Plans Mandatory Divorce Mediation Under new plans, separating couples in England and Wales will be required to seek mediation before attending court in a bid to ease demand for courts. that helps steer families away from the protracted and costly experience of litigating in the family justice system is welcome provided suitable screening is built in for domestic abuse cases,” she said. “It’s only recently that domestic abuse in its various forms has been better recognised and understood in English family law and care must be taken not to undermine this with compulsory mediation. Encouragement through mediation for the parties to communicate directly in a safe and respectful mediation setting is otherwise a positive step, reducing costs and the impact of separation on all members of the family.” Rebecca Cockcroft, cohead of family law at Payne Hicks Beach, said: “Whilst the government’s plans are welcome, and will hopefully ease the burden on the extremely stretched family courts, there will always be cases that are not suitable for mediation, for example where one party is controlling or even violent and where mediation is unlikely to assist. In such instances access to the family courts will remain imperative.” Deborah Jeff, Head of the Divorce and Family department at Simkins, also commented on the new proposal. “Anything According to the plan, judges will be able to order parents to make reasonable attempts to mediate disputes. If they do not reasonably comply and are deemed to be harming a child’s well-being by prolonging proceedings, they may face a fine. The planned requirement will only be applied to cases considered to be low-level. Those involving allegations or a history of domestic abuse will not require mandatory mediation. The Ministry of Justice believes that up to 19,000 currently active cases could be solved through mediation. Monthly Round-Up APRIL 2023 6 LAWYER MONTHLY APRIL 2023
Alex Murdaugh Found Guilty of Murdering Wife and Son Once-prominent South Carolina lawyer Alex Murdaugh, 54, has been convicted of murdering his wife and son, concluding a 'true crime' drama that has garnered nationwide attention. family housekeeper, and a gay college student who may have been involved with the other Murdaugh son, Buster. Along with allegagtions of a range of financial crimes – including hiring a man to shoot him to death so that Buster could receive his $10 million life insurance payout – the unwinding of Alex’s criminal endeavours, culminating in the potentially opioid-fuelled killing of his wife and son, has raised new questions about the legal protection that the Murdaugh family appeared to enjoy for years. sway in the US, its action “makes a very strong point” against Putin. “He’s clearly committed war crimes,” he said in a statement to journalists. Ben Emmerson, lead lawyer for the government of Ukraine, also spoke positively about the warrant. Speaking with Sky News, he said that “this is clearly the first shot in what might be eventually a much more substantial indictment against President Putin.” On 7 June 2021, Alex Murdaugh called 911 to report that his wife (Margaret ‘Maggie’ Murdaugh) and one of his two sons (Paul Murdaugh) had been shot to death at the family’s Islandton hunting lodge. Alex was indicted for their murders on 14 July 2022 and finally sentenced to two consecutive terms in prison on 3 March. The case has been notable for the Murdaugh family’s prominence in South Carolina’s legal landscape. Alex Murdaugh’s father, grandfather and great-grandfather each served as top prosecutors The International Criminal Court (ICC) has issued an arrest warrant for President Putin, citing his regime's mass deportation of Ukrainian children to Russia, where many have been adopted by Russian families. An arrest warrant was also issued for Russia's commissioner for children’s rights, Maria Alekseyevna LvovaBelova. The Rome Statute, which established the ICC in 1998, recognises the forced deportation of populations as a crime. Russia, which was initially a signatory to the Rome statute, withdrew its participation in in 2016, saying it did not recognise the jurisdiction of the court. While the move is unlikely to across the south of the state. It has also been notable for the number of twists and turns that have intrigued those following the case, and which have resulted in Alex facing down no fewer than 80 criminal charges. Paul, then 20, had been arrested earlier that year and was awaiting trial in connection with a boating accident in 2019 that had left a 19-year-old dead. Alex drew scrutiny following the incident for his attempts to disrupt any potential prosecution of his son. In so doing, he drew attention to the past deaths of one of his clients, the Murdaugh result in Putin’s arrest, as the ICC has no power to arrest suspects without the cooperation of a national government, the move places limitations on the Russian dictator’s ability to travel internationally. He may now be arrested should he attempt to enter any of the ICC’s 123 signatory nations. US President Joe Biden welcomed the issuing of the arrest warrant and noted that, while the court does not hold MONTHLY ROUND-UP 7 The International Criminal Court (ICC) has issued an arrest warrant for President Putin, citing his regime's mass deportation of Ukrainian children to Russia, where many have been adopted by Russian families. An arrest warrant was also issued for Russia's commissioner for children’s rights, Maria Alekseyevna LvovaBelova. ICC Issues Unprecedented Arrest Warrant for Vladimir Putin
Monthly Round-Up APRIL 2022 SEC Warns Coinbase of Potential Securities Charge Judge Strikes Down Affordable Care Act Rules on Required Preventive Health Services A federal judge in Texas has struck down a major provision of the Affordable Care Act (ACA) that requires most insurers to cover a range of preventive services, including screenings for terminal illnesses and various medication prescriptions. The Securities and Exchange Commission (SEC) has issued a Wells Notice to leading crypto exchange platform Coinbase, warning the firm that it has identified potential violations of US securities law. The ruling, which is expected to affect more than 150 million people across the US and is likely to be appealed, represents a new blow to the Obamaera health law and means that the ACA’s contraceptive coverage requirements are once again at risk of repeal. In a statement in July 2022, a group of 60 US health organisations led by the American Medical Association warned of the potential consequences of such a ruling. “Rolling back this access would reverse important progress and make it harder for physicians to diagnose and treat diseases and medical conditions that, if caught early, are significantly more manageable,” the statement said. US District Judge Reed O’Connor ruled on 30 March that preventive care recommendations issued by the US Preventive Services Task Force do not have to be complied with, and blocked the federal government from enforcing these recommendations. This means that insurance companies will no longer be legally bound to cover the preventive services recommended by the task force. Preventive services affected include screenings for diabetes and various cancers, vision screening for children, and various screenings and intervention for pregnant people. of the regulatory argument against the recipient organisation and offer an opportunity to dispute the watchdog’s findings. This move comes as part of a wave of enforcement actions taken against prominent US crypto organisations by the SEC. Earlier this year, the watchdog sued exchange Gemini and lender Genesis for failing to register a crypto-lending scheme as a securities offering. Shares in Coinbase fell by 13% within 24 hours of the Wells Notice’s disclosure. “Based on discussions with the Staff, the Company believes these potential enforcement actions would relate to aspects of the Company’s spot market, staking service Coinbase Earn, Coinbase Prime and Coinbase Wallet,” Coinbase said in a regulatory filing on 21 March. ”The potential civil action may seek injunctive relief, disgorgement, and civil penalties.” Wells Notices are typically issued as part of the final steps taken by the SEC prior to formally issuing charges against an organisation. These typically lay out the framework 8 LAWYER MONTHLY APRIL 2023
Calls to Ban TikTok Grow Louder in Congress US House Speaker Kevin McCarthy has said that he expects US lawmakers will pass bipartisan legislation to address national security concerns relating to Chineseowned social media giant TikTok. The Speaker’s comments came on 24 March, after lawmakers questioned TikTok CEO Shou Zi Chew about potential Chinese government influence over the platform and claimed that its short-form video content was damaging to children’s mental health, reflecting concerns about the app’s influence rooted within both the Democratic and Republican parties. When asked if TikTok parent ByteDancce had spied on Americans at the Chinese government’s request, Chew answered, “No.” He later posted a video to TikTok recounting the hearing, stating, “We will continue to protect your data from unauthorised foreign access.” This is not the US government’s first clash with TikTok. Former President Donald Trump sought to ban the platform along with WeChat, another Chineseowned app, but was defeated in a series of lawsuits in 2020. The Senate Commerce Committee has yet to schedule a hearing to consider a bill titled the ‘RESTRICT Act’ which would allow the Commerce Department to ban foreign technology that it considers to pose a national security risk. The earliest that this may occur would be in mid-April after the Senate returns from recess. MONTHLY ROUND-UP 9
Lawyer Moves RECENT APPOINTMENTS FROM ACROSS THE GLOBE International firm Jones Day announced today that Lily Zhang has joined the firm as a partner in its Intellectual Property practice. She will be based in the firm’s San Diego Office. As part of her practice, Zhang develops patent portfolios for clients conducting R&D in artificial intelligence and machine learning, structural biology, drug discovery, electronic payment systems, cybersecurity and cryptography, medical technologies and network hardware and software. She has been recognised by Best Lawyers of America as a ‘lawyer to watch’ in patent law in 2023 and was selected for the San Diego Business Journal’s ‘Next Top 40 Business Leaders Under 40’ in 2020. Karen Hewitt, Partner-in-Charge at Jones Day for the California region, celebrated Zhang’s arrival. “Lily is a skilled lawyer and a dedicated professional whom we believe will be an outstanding addition to our team here in California,” she said in a statement. “Jones Day continues to attract some of the top emerging legal talent in our profession and I am delighted to welcome Lily aboard as the newest partner at our firm.” “Lily’s focus on the intersection of biotechnology and computer science is an important area of growth for us,” added Anthony Insogna, Practice Leader of Jones Day’s Intellectual Property practice. “She has deep experience and knowledge that will benefit our clients across industries, especially in California.” Global law firm DLA Piper has appointed Aoife Murphy as a new partner to its intellectual property and technology (IPT) practice in Ireland. Murphy joins from her position as partner at Whitney Moore, where she has served since 2005, and has been tapped to lead the firm’s Irish patent litigation team. She brings a wealth of experience as a multi-award-winning commercial litigator and author, and has been ranked as a ‘Leading Individual’ by the Legal 500. Murphy’s experience spans all aspects of patents, trademarks, copyright and design-related intellectual-property matters. She also sits on the Intellectual Property Law Committee of the Law Society of Ireland. Paul Allen, global co-chair of DLA Piper’s IPT group, said that Murphy’s appointment would further strengthen DLA Piper’s international patentlitigation capabilities. “Moreover, her extensive experience enhances the range of services we offer our life-sciences clients across the firm,” he said. Jones Day Bolsters Intellectual Property Practice DLA Piper Adds New Partner to IP Practice San Diego, USA Jones Day Ireland DLA Piper London, United Kingdom Linklaters 10 LAWYER MONTHLY APRIL 2023 Linklaters announced its expansion of its Corporate Division with the appointment of John Guccione to its London office, further strengthening the firm’s position in the market as well as its private equity and financial sponsor platform. Guccione is recognised as a leading practitioner in the infrastructure market, having worked at OMERS Infrastructure for over 10 years before moving to Latham & Watkins. He advises financial sponsors on M&A and financing transactions in the infrastructure and energy sector. “Welcoming John whose expertise, deep sector knowledge and dynamic skillset further strengthens our offering gives me great pleasure,” said Simon Branigan, Linklaters’ Global Head of Corporate. “We are committed to investing in talent and growing the division to ensure we maintain our unrivalled position across the M&A, advisory and financial sponsors landscape. “With the industry changing as private equity investors and financial sponsors become increasingly active in the market, we are keen to evolve and invest in our talent to ensure the Division continues to provide unrivalled advice to our global client base. The growth of the division, with the arrival of John, further strengthens the depth of our sector expertise and the bench strength of our global offering.” Linklaters Expands Corporate Division With New Hire
US national firm Goodwin Procter has hired private investment funds specialist Matthew Nortcliff as a partner in Singapore. Nortcliff joins from CMS, where he headed the firm’s funds and indirect real assets practice. With this hire, Nortcliff becomes the third locally based partner in Goodwin Procter’s Singapore office – established in October – following the hiring of private investment funds partner Greg Barclay and private equity partner Abhishek Krishnan. In his practice, Nortcliff advises managers of funds, structured investments and joint ventures, with focus on the real assets, private equity, venture capital and technology sectors. He re-joined Nabarro – the firm where he started his career – as a partner in 2016, prior to its merger with CMS in 2017. Prior to this, he served at Hogan Lovells. “Matt is an impactful addition to our global funds platform as well as our Asia offering,” said Greg Barclay, chair of Goodwin Procter’s Singapore office. “His practice fits squarely within our core strategy of advising clients raising, deploying and lending capital in the region and around the world.” Goodwin Procter Hires CMS Funds Head for Singapore Practice Allen & Overy (A&O) has appointed Guillaume Isautier as a new partner in its Paris-based Corporate practice. His new role will begin effective 3 April. Isautier joins the firm from Shearman & Sterling, where he was a partner since 2011 and led the firm’s Paris M&A team between 2016 and 2022. Having qualified over 22 years ago, he is now widely recognised for his technical expertise and extensive experience in advising on both public and private M&A and private equity funds, and is considered to be a leading corporate partner in France. Hervé Ekué, managing partner of A&O’s Paris office, commented: “We are delighted to welcome Guillaume to our team to help us continue to expand our offering in Paris and beyond. He is a highly regarded practitioner with a strong track record and a deep understanding of the financial institutions and of the private equity sector.” Isautier spoke of his excitement in a statement: “I’m delighted to be joining the team at A&O. I’m looking forward to bringing my expertise to A&O’s client base and working with the highly-regarded team in the Paris office and beyond.” Allen & Overy Boosts Corporate Practice in Paris Singapore Goodwin Procter Paris, France Allen & Overy LAWYER MOVES 11
Storied lawyer Kennedy Koblin speaks with Lawyer Monthly on an unusual side of family law this month: that of parental alienation. Though not often discussed, parental alienation is an all-toocommon symptom of a divorce or separation turned hostile, with severe developmental consequences for children caught in the middle. What is parental alienation? What are its effects? What are its warning signs and how should they best be acted upon? Kennedy addresses these questions and more in our exclusive front-cover feature overleaf. FEATURE OF THE MONTH
14 LAWYER MONTHLY APRIL 2023 Divorce is a trying time for any family, raising life-altering issues relating to finances and child custody that understandably spur high emotional stakes. There are many ways in which the process can turn sour – particularly when one parent makes a concerted effort to influence their children against their former partner. Joining us this month is noted family lawyer Kennedy Koblin. In this exclusive interview, he explains what is meant by ‘parental alienation’ and how parents and legal counsel can be vigilant for it during divorce proceedings. Divorce and the Threat of Parental Alienation Kennedy Koblin Feature of the Month Contact Kennedy Koblin, Founder Koblin Family Law Center 5700 Stoneridge Mall Rd., Suite 230, Pleasanton, CA 94588, USA Tel: +1 925-298-4808 Fax: +1 925-203-9797 E: kennedy@koblinfamilylawcenter.com www.familylawpleasanton.com
Görkem Gökçe Gökçe COVER FEATURE 15
To begin with, what is meant by ‘parental alienation’? Parental alienation as used in family court is a specific term of art that encompasses a broad array of behaviour of one parent or the other aimed at disrupting, or interfering with the relationship of the child or children with the other parent. It often manifests as a series of orchestrated behaviour usually over a prolonged period of time aimed at estranging the chid or children from the other parent. Although parental alienation is not presently specifically defined by the California Family Code, the family court has codified by statute broad language to provide a framework whereby coparenting and involvement of both parents in the lives of the chid or children is encouraged, and behaviour that could ultimately be defined as parental alienation is discouraged. The overall aim of the family court with regards to children is to ensure orders that are in the children’s best interests and, in the absence of any facts or circumstances that would speak otherwise, orders that foster frequent and continuing contact with both parents are presumed to be in the best interests of the child or children. How does this behaviour often manifest during separation or divorce? In any separation or divorce matter involving children who are minors, it will be necessary for the parents (either on their own or with the assistance of the court) to come up with a parenting plan that defines the framework for everything from legal custody to the specifics of the time-share arrangement between the parents (often referred to as physical custody). It is often in attempting to establish a parenting plan that parental alienation – when it occurs – can begin to be observed. There is a multitude of ways that parental alienation manifests itself in every case. Commonalities, however, often involve continuous negative comments by the alienating parent about the other parent to the child, attempting to convince the child or others that the other parent may be unfit or in some cases potentially harmful to the child or children, frequent cancellation of custodial time, and even using the scheduling of extracurricular activities for the child that directly conflict with and interfere with the other parent’s custodial time. There are really endless iterations of how parental alienation can manifest, but they tend to function to support the goal of disrupting the relationship and bond between the alienated parent and child. In what ways can this be harmful to a child? Unfortunately, the negative impacts of parental alienation on a child are often severe. Separation or divorce is always a difficult time for the children involved, and it is often that time when the children need both of their parents the most. It is not uncommon for children in separation or divorce matters to feel in some way responsible. When the bond between the alienated parent and the child is disrupted, the children who are usually already struggling with the separation or divorce often express feelings of low self-esteem, low selfconfidence, anxiety and depression. In some cases children develop lasting problems with trust and relationshipbuilding well into their adult lives. It is often in attempting to establish a parenting plan that parental alienation – when it occurs – can begin to be observed. 16 LAWYER MONTHLY APRIL 2023
Within the children, evidence of parental alienation often manifests by an extreme alignment with the alienating parent and a level of hostility towards the alienated parent that is not in alignment with any action that parent has taken. The child who has been subject to alienation will often express derogatory views of the parent that they have been alienated against, refuse visitation with that parent, and withdraw from or stop communicating with that parent. Signs of parental alienation can often be seen in the parent’s (or parties) themselves as well. They typically manifest in overly hostile communications, absolute refusal to co-parent, failure to make the child or children available for visitation, making excuses regarding the availability of the child or children, refusing to engage in co-parent counselling, and (as discussed above) sometimes even actively coordinating extra-curricular activities for the children that knowingly and purposefully interfere with the other parent’s custodial time. What knock-on effects does parental alienation have for relations between the separating parents and the broader family unit? This is what I refer to as collateral fallout relating directly from the actions of the alienating parent, because the child of the alienated parent often has extended family – like other children (perhaps from prior relationships), grandparents, cousins, etc. When the direct relationship between the alienated parent and the child suffers, it usually follows that the extended family unit is also estranged from the child. It is not uncommon for the child who has been subject to any degree of parental alienation to transfer the negative feelings they have about the alienated parent to that parent’s extended family unit. As a result, the child is deprived of a relationship not only with the alienated parent but also that parent’s extended family, which unfortunately ends up hurting the child the most. Are there any specific signs of parental alienation occurring? There are often several specific signs of parental alienation that manifest when it occurs, both within the child him or herself, and in the actions and behaviours of the parents themselves, both in their interactions and communications with each other and often observable in the pleadings themselves. In my experience, I think parental alienation can often be inflicted both deliberately and to an extent accidentally. FEATURE OF THE MONTH 17
Does parental alienation tend to be inflicted deliberately, or accidentally? In my experience, I think parental alienation can often be inflicted both deliberately and to an extent accidentally. When one discusses parental alienation at large, one tends to think immediately to an active, knowing, orchestrated campaign against the other parent. However, in every separation and divorce case, emotions run high. Sometimes angry, hurt, or resentful parties will lash out at the other parent in emotion, with the one thing they both love the most – their child or children. What other issues in family dynamics may arise during the divorce process? There is an entire host of issues regarding family dynamics that may arise during a divorce. This includes communication, cooperation, the ability to put the needs of your child or children over your own, and the ability to work with the other parent (despite your feelings about them) to provide a safe and secure environment for the child or children that shields them from the separation or divorce and ensures that they know they are still loved equally by both parents. What advice would you give to a parent who believes their child has been subjected to parental alienation? In my experience, parental alienation is often the result of an extended and continuous process of one parent to maligning the other to the child or children. Therefore, facts and evidence are extraordinarily important, because without them, I think there is a tendency for courts to get lost in the only things they see – which are the pleadings and allegations 18 LAWYER MONTHLY APRIL 2023
What was it that led you to specialise in family law and domestic relations? I grew up in a medical household and I watched my father, who is a cardiologist, intervene directly in people’s lives and be instrumental in changing them, and sometimes even quite literally saving them. The ability to engage in a profession that allows you to be directly involved in individual’s lives in a very important way, and make fundamental differences, is what drew me to focus my practice solely on family law. Within the legal profession itself, I am hard-pressed to think of any other area where you work directly with people and families, going through what is often one of the most difficult times in their lives and are able to truly make a difference and be impactful. While challenging for sure, I find the practice of family law to be both professionally and personally rewarding and fulfilling work. Is there a past case that you have handled where you feel particularly proud of the role you played? Over the course of my career I have been truly blessed with the many people I have been able to meet and the families that I have been able to assist. Thus it is difficult to pinpoint one particular case to highlight a result I am particularly proud of. However, one recent and particular example that comes to mind is a case wherein my client had temporarily lost custodial rights due to false domestic violence allegations and my team and I were able to step in, cross-file for a restraining order for our client and secure the immediate return of the child to their custody. Can you share anything about your plans for 2023 and beyond? 2022 has been a real opportunity for me to grow in several personal ways, and I would like to continue to take my personal and professional experience and continue to grow my practice to assist as many families as I can. I am fortunate that at this stage in my career I can be judicious about the cases I take on. I always enjoy getting to know my clients’ families and their own specific and unique dynamics. For 2023 and beyond, I would like to continue to be able to do that. of each party. While the courts are not strangers to this and can often make their own conclusions from the volume and tone of the pleadings, it is tremendously important to be organised with your facts and evidence. I often advise clients to keep a journal, keep notes, and record each instance of perceived alienation, be it a cancelled visit, an ‘illness’, a refusal to make a child available for phone time, etc. How can an experienced family lawyer help in this situation? Issues pertaining to child custody and visitation can be complex and nuanced. An experienced family law attorney will be able to assist a client, who is understandably emotionally involved in the case, in making clear-headed decisions with an eye on what the law provides for. Additionally, proving a case of parental alienation is often difficult. As they are usually so fact- and evidence-driven, an experienced family law attorney will be able to parse out what is relevant from what is not and assist their client in presenting their case in a clear, concise fashion that is supported by both the evidence code and the family code. FEATURE OF THE MONTH 19 About Kennedy Koblin Kennedy Koblin is highly experienced family lawyer and a member of the Alameda County Bar Association who enjoys helping his clients through the difficult process of divorce and marital dissolution. Kennedy’s clients also benefit from his combined experience as a JD/MBA, which provides him with a perspective rooted in both business and the law. He is also a two-time recipient of the State Bar of California’s Wiley Manuel award in recognition of his pro bono contributions to the family court. Issues pertaining to child custody and visitation can be complex and nuanced.
Each month, Lawyer Monthly Magazine has the privilege of interviewing the brightest and most ambitious movers in the legal space. In these conversations we dig into their areas of expertise, learning more about their practice and the stories behind their pursuit of excellence. This April, we take a deep dive into the world of legal education – looking in particular at Nottingham Law School and its own in-house law firm, NLS Legal. Principal Lecturer Joy Davies describes how Nottingham Law School prepares its students for a life in law, while solicitor Callum Scott shares his perspective on the value of teaching law firms. We hope that you enjoy both exclusive interviews. MY LEGAL LIFE
22 LAWYER MONTHLY APRIL 2023 Joy Davies Principal Lecturer Practitioner Portfolio Nottingham Law School
Making Legal Education Count I am Principal Lecturer for the Practitioner Portfolio at Nottingham Law School. In this role, I develop tailored continuing professional development courses for law firms and individual practitioners and oversee a team of NLS tutors and practitioner consultants who regularly teach on the courses. I joined the Law School in 2002. Before that, for many years as a qualified solicitor, I practised commercial litigation with a national law firm. My role at NLS ranges from leadership of strategy for the Practitioner Portfolio to line management of colleagues and external faculty, coaching students for negotiation and mediation competitions and designing and delivering practical courses for practitioners which emphasise the skills required in the practice of law and how delegates may develop their skills after the course. I coach colleagues in leadership and management, sit on course design committees in the University and am a member of the School Academic Standards and Quality Committee. One of the most common complaints My Legal Life With Joy Davies Formal legal education is difficult to balance, requiring both theoretical and practical training with subsequent real-world benefits to be truly effective. We hear more on the subject in this feature from Joy Davies, Principal Lecturer for the Practitioner Portfolio at Nottingham Law School, who brings a wealth of experience in tailoring courses for law firms and individual practitioners. MY LEGAL LIFE 23 about formal legal education and training is that, whilst the experience may be interesting and even enjoyable, nothing happens afterwards as a result. There is no ‘bottom line’ benefit. Whilst we cannot control what delegates do or do not do differently once they leave the course, we can offer some guidance on how to maximise the chances of delegates translating their learning into relevant action for their practice. The practitioner courses at NLS are all based on an approach to learning called reflective practice. The approach encapsulates much of the classic theory about how adults learn. ‘Continuing’ is the focus of our courses which require delegates to reflect on what they have experienced in their practice, on the course and following the course. Our aim is to introduce tools for the development of these skills, provide a framework for practising those suggested methods and encouraging, by application of reflective practitioner principles, to adapt their learning to other contexts. The pedagogy is transformative and produces graduates with the
ability to grow their mindset and achieve excellence in their endeavours. ‘Learning by doing’ or experiential learning at first instance might imply the requirement for physical engagement and until 23 March 2020, this was our preferred means of delivery. Interaction and engagement are key to the successful achievement of the learning outcomes and metacognitive enrichment in the delegates. Providing delegates with a ‘safe environment’ to practice skills underpins the successful delivery of experiential learning. Movement around NLS’s small group classrooms to complete tasks is traditionally central to the effectiveness of delivery of ‘learning by doing’ pedagogy. However, the pandemic lockdown on 23 March 2020 forced us to question this belief. Could we deliver our constructively aligned experiential learning courses online? Could we replicate the physical movement between groups and outputs from group discussions? Would the tutor be able to ‘sit’ among the delegates to give feedback and facilitate guidance on the tasks? Could we ensure delegates’ access to and engagement with the course and mental health? With these questions in mind, we turned to Microsoft Teams and created a ‘virtual NLS’. Delegates raced around the virtual group rooms created within the Team, documents were created on communal Word documents, and tutors ‘sat’ in their dedicated group’s channel – which frequently split into subgroups, causing tutors to ‘jump’ between the calls in their subgroups. Tutors moved around the group rooms to ‘judge’ advocacy hearings and delivered short plenary sessions in a dedicated plenary channel. Timing was crucial, so tutors liaised in a locked Tutor channel to co-ordinate timing and preparation. We adapted our sessions and pushed Teams to the hilt to replicate our teaching ethos. It worked. What did we find? Delegates would visit the Team at the end of the days’ sessions (which would finish earlier than the physical course to limit time on screen), and work offline with other team members to discuss or prepare a task for the next day’s session. They worked simultaneously on a Word document to which their dedicated tutor also had access to give feedback. This was effective for giving feedback on crossexamination questions. Delegates also found they could ‘call’ or message their tutor through Teams. It was a pleasure to witness the delegates’ engagement and enthusiasm given this new regime and the anxiety of the pandemic. Now we are back in person, have we changed our approach in any way? Yes, we have. The underpinning pedagogy of our courses remains but our approach to physical delivery has changed. MS Teams is a permanent feature of our delivery in conjunction with face-to-face sessions. 24 LAWYER MONTHLY MARCH 2023 We adapted our sessions and pushed Teams to the hilt to replicate our teaching ethos. It worked.
Interactivity and student engagement are key to the design. We worked with the NTU digital team to create a digital experience that ensures that the time poor student will remain engaged and part of the NLS community. The result is an online Postgraduate Diploma in Commercial Intellectual Property. The course is delivered at the student’s pace. They choose when, where and for how long to study. Each section has a ‘time to read’ indicator which assists the student in planning their time to engage with the course. Some of the sessions are narrated as well as being produced in writing so the learner has a choice and accessibility has been reviewed across the course. We have done the hard work for the student by identifying what they need to know, how to apply it in practice and advise clients. The aim is to teach students how to begin to think like an IP lawyer, using the tools of reflection on what they have learned on the course and their practical experience to date, which may not be in the practice of IP. Using the communal Word document to provide immediate and recorded feedback in a session in addition to being able to walk the room to facilitate group work has enhanced delegates’ experience. From a tutor perspective, the reams of papers or emails that would fly around to exchange documents in a task have gone. The exchanges take place via Teams. Building on our experience and success, we explored the possibility of taking our experiential learning offering purely online but this time with intermittent rather than constant tutor interaction. The topic we identified, given NLS’s experience in delivering IP courses, would be an online interactive means of academic learning about Intellectual Property Rights (IPR) in the first instance. Armed with that knowledge, the student would progress to the application of their knowledge to practice in commercial intellectual property. Providing delegates with a ‘safe environment’ to practice skills underpins the successful delivery of experiential learning. MY LEGAL LIFE 25 About Joy Davies Joy Davies is Principal Lecturer for Nottingham Law School’s Practitioner Portfolio of courses as well as Director of the Mediation and Dispute Resolution Hub that sits within the Centre for Legal Education. Among her many professional roles, she is a member of the NTU Coaching Academy, a member of the Law School Academic Standards and Quality Committee, and for several years was Verifier for Standards and Quality for one of NTU’s international collaborative provision partners. She also received the Vice-Chancellor’s Outstanding Academic Practice Award in April 2022. About Nottingham Law School Nottingham Law School is one of the UK’s largest and most established law schools. Its courses are accredited or approved by a range of professional bodies, including the Solicitors Regulation Authority, the Bar Standards Board and the Intellectual Property Regulation Board. Nottingham Law School also allows students the unique opportunity to gain unique real-world experience through NLS Legal, its inhouse teaching law firm. Contact Joy Davies Principal Lecturer Nottingham Trent University – Nottingham Law School Tel: +44 01158 482206 E: joy.davies@ntu.ac.uk www.ntu.ac.uk
26 LAWYER MONTHLY APRIL 2023 Callum Scott Solicitor NLS Legal Nottingham Law School
For those who may not be familiar with the concept, what does a 'teaching law firm' set out to do? The teaching law firm model has parallels to the teaching hospital model traditionally seen in the medicine discipline context, providing the opportunity for our students to obtain valuable work experience and develop their practical skills alongside their studies. NLS Legal was the first of its kind when it became regulated in 2015 and it remains a model that is rare in the UK and international higher education sectors. As a teaching law firm, alongside the typical law school academic and extra-curricular opportunities (student societies; mooting; competitions, etc.) offered at Nottingham Law School, we give our students the opportunity MY LEGAL LIFE 27 to work under supervision in a regulated law firm. Data shows that this work experience complements and enhances our students’ academic and employability outcomes, with our students consistently more likely to achieve a higher degree classification when compared with their peers who do not undertake work experience with us alongside their studies. There are also opportunities for students to undertake paid placements with us and gain Qualifying Work Experience. The second, and equally as important, aspect to our work is to help bridge the gap in access to legal services across Nottinghamshire. Through the very generous support of Nottingham Trent University, we can offer pro bono legal services to those who would otherwise not be able to access legal advice – be that because of their financial circumstances or due to other barriers, such as lack of availability of a local legal aid provider. What ‘Teaching Law Firms’ Have to Offer My Legal Life With Callum Scott ‘Teaching law firms’ present an alternative to typical higher education that combines a law degree with on-thejob experience. In this feature, we hear more on the concept from Callum Scott, a newly qualified solicitor at NLS Legal. Speaking from first-hand experience, he offers his insights as to the benefits that teaching law firms can offer aspiring lawyers.
How does NLS Legal assist local organisations and individuals? What services does the group provide? NLS Legal provides legal services to individuals and organisations, predominantly from the Nottinghamshire area, who are unable to afford or otherwise access legal representation. Our ABS status, combined with the incredible resourcing Nottingham Trent University provides us, means that our team of practitioners can offer advice and representation across a large range of service areas – namely business, civil litigation, employment, family, housing, intellectual property, special educational needs and disability, victims’ rights and welfare benefits. Our service includes representing clients in the relevant Tribunal and Courts, and this includes opportunities for our students to undertake the advocacy in many of these cases, something which our Bar students find particularly beneficial. Across our services there is also a significant focus on providing public legal education – through seminars, webinars and information sheets. Such activity helps to expand our reach; educates attendees of their rights and responsibilities and provides our student volunteers with opportunities to develop their presentation and communication skills. What pro bono opportunities has NLS Legal created for students? Across the last academic year (2021-22), NLS Legal created 735 opportunities for 619 students, both undergraduate and postgraduate. In addition to extracurricular volunteering, many students get involved as part of their course, with a number of modules incorporating an element of NLS Legal activity. Students who work with NLS Legal support the experienced and qualified lawyers in their delivery of advice to clients. The opportunities afforded to students are not confined to case work, however, as students also support our practice management functions through administrative placements, and through the NLS Legal Student Committee with the committee acting as an important bridge between the firm’s full-time staff and the student body. The committee provides feedback from NLS Legal students on their experiences with the firm, promotes opportunities to other students within the law school, and undertakes fundraising activities for other pro-bono organisations like the LawWorks Law School Challenge. As the first NQ solicitor to qualify with NLS Legal, can you tell us a bit about your professional journey to date? I first joined NLS Legal – then known as Nottingham Law School Legal Advice Centre - in 2015 as a student volunteer, whilst undertaking my Graduate Diploma in Law (GDL) at Nottingham Law School. Following completion of the GDL, I was then fortunate enough to secure employment as a Legal Assistant in 2016, working full time alongside the parttime Legal Practice Course programme from which I graduated from with a 28 LAWYER MONTHLY MARCH 2023
to aggregate experience gained over a number of years – and potentially with different employers – as is the case with QWE. Can you share anything about your career development plans for 2023 and beyond? Having attained qualification in October 2022, I am looking forward to growing our much-needed Special Educational Needs & Disability service and expanding the service into other education-related matters, such as school exclusions and admissions appeals. Furthermore, like many of my NLS Legal colleagues, I would like to be able to contribute to policy and law reform using the University’s pedigree in research to complement the work of our practice. Additionally, in line with NLS Legal’s mission as a teaching law firm, I am looking forward to further my mentoring, training and supervision of those who are at an earlier stage in their legal careers – be they full-time members of staff with our firm or be they Nottingham Law School student volunteers who work alongside their studies. distinction in 2019. I was the first person to undertake their solicitor training and achieve qualification with NLS Legal, since it gained law firm status in 2015. In 2020 I had the honour of winning the Modern Law Awards’ Paralegal of the Year, which was followed by success in Nottinghamshire Law Society’s Junior Lawyer of the Year in 2021. My professional journey to date has given me the opportunity to practice across a number of different service areas and for a diverse range of clients. I suspect I am one of very few NQ solicitors who juggle Education & Special Educational Needs cases with Intellectual Property work! As set out above, I qualified with NLS Legal through the SRA’s Equivalent Means scheme. As with the training contract process, an applicant for Equivalent Means must demonstrate experience of practice in a variety of areas (including contentious work) with a set of assessment criteria which aligns with the SRA’s competency framework. That being said, the Equivalent Means route can be much more flexible than a more-traditional four- (or six-) seat training contract, allowing an applicant Students who work with NLS Legal support the experienced and qualified lawyers in their delivery of advice to clients. MY LEGAL LIFE 29 About Callum Scott Callum Scott is a newly qualified solicitor at NLS Legal, Nottingham Law School’s ‘teaching law firm’. Callum’s undergraduate degree is in Chemistry and, having completed the Graduate Diploma in Law and Legal Practice Course, he completed his training via the SRA’s Equivalent Means route. Equivalent Means has elements of both the training contract and of the new Qualifying Work Experience (QWE) routes to qualification. About NLS Legal NLS Legal is an SRA-regulated law firm fully integrated into Nottingham Law School, Nottingham Trent University and operating as an Alternative Business Structure (ABS). NLS Legal provides pro-bono legal services to individuals, start-ups and not-for-profit organisations across a number of practice areas. NLS Legal was named ‘Law Firm of the Year’ at the LexisNexis Legal Awards 2022. Contact Callum Scott Solicitor NLS Legal Nottingham Trent University – Nottingham Law School Tel: +44 01158 482648 E: callum.scott@ntu.ac.uk www.ntu.ac.uk
These articles come from guest authors across a broad range of specialisations. Rather than focusing on subjects necessarily pertinent to law firms or the world of business, our special features most often touch upon new legislation, common law and the intersection of the contemporary legal landscape with the public interest. This month, we have selected a range of special features whose topics are of particular interest to law firms in 2023. Featuring unique perspectives on legal talent retention, modernisation and innovation in legal organisations and the developing conflict between AI ‘art’ and IP holders, among other diverse fields, these are sure to make good reads for any modern lawyer. SPECIAL FEAT URES
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