Question:

What is the business case for ensuring that organisations are diverse and inclusive?

Answer:

Institutions from all sectors, whether they are corporates, law firms or financial institutions, to name a few, have developed diversity and inclusion policies in response to market demands. This benefits their own best practice and it makes good commercial sense given their clients’ expectations.

While lawyers and clients intuitively know that diversity and inclusion (D&I) matters, there is research supporting many key commercial benefits. This is not an exhaustive research piece but highlights some of the results from research supported by anecdotal comments from our clients.

There are a number of private and government research papers on this topic. One of the most comprehensive reports was provided by McKinsey & Co in 2017 – ‘Delivering through diversity’ expands on its 2015 research ‘Why diversity matters’ and is “based on a data set of over 1,000 companies covering 12 countries using two measures of financial performance: profitability and value creation.” There are some encouraging statistics which support the value D&I can add to an organisation. For example, “firms in the top quartile for gender diversity are 21% more likely to enjoy profitability than companies in the bottom quartile.”

The 2015 and 2017 McKinsey Reports provide detailed statistics of the correlation between diversity and inclusion and financial performance.

However, in a snapshot, this is what the research, media and companies are reporting:

Embracing D&I attracts talent
A diverse and inclusive workplace gives a company a competitive advantage. Companies recognising D&I as a priority are finding that in their hiring processes, such a priority is a favourable attraction for talented graduates, particularly in terms of their flexible working policies, parental leave policies and commitment to providing an inclusive work environment.

D&I improves client understanding
If a company is pitching a deal and there is a diverse cultural viewpoint on the transactional team similar to the cultural background of the client’s deal team, then such a diverse view provides a valued part of the decision making and execution process. Many law firms have also recognised this, for example, Clifford Chance: “As a leading law firm….it is essential to our commercial strategy that we foster an inclusive culture so that we provide our clients with the best advice.”

D&I promotes creativity and innovation
Companies have found that if a client is looking for a creative solution, having members of the team with varying gender, ethnic and cultural backgrounds can lead to more creative solutions. Research supports that this is particularly relevant in the technology sector. From Accutrainee’s own experiences, we have seen time and time again the value our clients place on the ability to develop teams from diverse backgrounds and the advantages that are gained from having teams who are more likely to approach problems in entirely different ways, leading to more innovative solutions. This diversity can be achieved through recruiting from different pools of candidates who have been shortlisted using different processes and interviewers.

Embracing D&I enhances the firm’s image, brand and reputation
Companies who are leaders in the D&I space have benefitted from an enhanced reputation extending “beyond their employees to their customers, supply chain, local communities and a wider society,” according to McKinsey & Co. D&I, as part of a company’s wider corporate and social responsibility agenda, is often one of the many key requirements in completing a tender for major outsourcing contracts. Clients want to see this as it makes commercial sense. If a company cannot demonstrate its commitment to D&I, this can, in certain circumstances, be a deal breaker.

Conclusion
Companies and their clients and sectors are recognising and embracing the commercial benefits of D&I. As graduates, and as the lawyers and employers of the future – the research into the correlation between D&I and financial and commercial success continues to improve and will hopefully be observed.

When I was applying for my trainee contract, I took the same well-trodden path as everyone else at that time. That tide has turned…

By Susan Cooper, Accutrainee Founder

Today, an increasing number of trainees want to train and work in-house. We have been interviewing and assessing potential trainee solicitors for more than six years. We have met thousands of them (literally). A solid number of them – not yet a majority, (but I wouldn’t rule it out in the near future) – actively seek an in-house career.

Their reasons are clear. They want to know one client and they want to know them well, rather than servicing a number of them. They want to focus on a particular industry and to get to understand it inside out. They want to be valuable to one organisation. For them, the ultimate long-term prize may not be partnership in a law firm but an executive seat on a board.

So why has there been this shift in graduate mindset?

I think its roots lie in the move towards achieving greater “commercial awareness” that the legal profession has focused on over the last decade or so. Students started to appreciate that the service delivery of a lawyer was not just about knowing the technicalities of the law but about understanding the client, their business strategy and their risk appetite.

Advising a generation of legal students that commercial awareness is a necessary attribute for being a good solicitor is leading many to ask the next natural question: why not focus on training and understanding one particular company or industry?

This attitude has also been shaped by business changes over the past decade, fuelled, not least, by the digital tech revolution and the emergence of many new sectors, which are attractive to graduates, such as technology or media and entertainment. These are worlds in which they want to work as lawyers. Furthermore, they reason, by the end of their training contract they will have gained specific industry expertise, which will make them more valuable.

I believe that a service such as Accutrainee is also contributing to this wider shift. We are able to support companies by helping them identify and acquire high-quality trainees, by acting as the training establishment and providing the mentoring and detailed assessment of a trainee’s progress. We employ the trainees and keep a watchful eye on what they are doing and what they might still need to do. For a growing number of ambitious and talented law graduates, the route to in-house training contracts is more open than ever.

What steps should UK businesses take to ensure compliance with data protection regulations post-Brexit?

The UK’s as-yet unresolved terms by which it will leave the European Union (EU) have sent the legal community into something of a spin as the ramifications work their way through the system. This is particularly the case with regards to the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA), not least given their scope and the volume of time, effort and money businesses have very recently expended to attain compliance with the regulations.

GDPR
The GDPR is an EU regulation that controls the use of personal data in the EEA and is relevant to most businesses and organisations. Its aim is to harmonise data protection laws across the EU and transform the way personal data is collected, shared and used. When the UK exits the EU, the GDPR will no longer have direct effect in the UK, but it will continue to be incorporated into UK law by virtue of the EU (Withdrawal) Act 2018.

DPA
The UK government has also aligned its domestic law with the GDPR through the enactment of the DPA. The aim of the DPA is to apply GDPR standards in the UK context, provide additional UK-specific rules on data processing, provide a bespoke regime for law enforcement and national security data processing, and help prepare the UK for Brexit. It updates the rights provided for in the Data Protection Act 1998 to make them easier to exercise and to ensure that they continue to be relevant with the advent of more advanced data processing methods. The DPA will continue to have effect after the UK leaves the EU.

Brexit before an adequacy decision
Under the GDPR, there is a general prohibition on the transfer of personal data out of the EU, with certain exceptions. One of those exceptions is for a country to subject its own rules and regulations governing the handling of personal data to a so-called ‘adequacy decision’ by the European Commission. This is effectively the Commission’s verdict that the systems in place are substantively similar enough to afford adequate protection to allow for the transfer of EU personal data to that country.

After the UK leaves the EU, it is likely to be the case that an adequacy decision will be required in order to go on receiving transfers of personal data from the EU. There is a high probability that the UK could leave the EU before an adequacy decision has been reached by the Commission, but there is no real reason for businesses to fall into a blind panic regarding their data protection responsibilities as a result.

There is no doubt that a highly prudent option for all businesses would be to put some kind of Brexit clause into their standard contracts, but typically, not need to say much more than: “In the event of the terms of the agreement becoming unworkable or more difficult as a result of Brexit, the parties will renegotiate those terms that are affected, including, where necessary, their data protection clauses.”

For businesses that transfer significant quantities of personal data from the EU to the UK or in reliance on shared frameworks, there will be a need to take some steps to ensure that the lack of an adequacy decision does not unduly affect them.

A couple of factors to consider

Governance and compliance arrangements with respect to the designation of a data protection officer might need to be reconsidered. In the absence of a Brexit deal, companies may have to make alternative arrangements with regards to their EU main establishment if they are relying upon operating under the GDPR ‘one-stop shop’ (the notion that you can rely on a single office in the UK being able to handle all customer data within the EU).

Privacy Shield

UK businesses transferring personal data to the US (or vice versa for US businesses) should also be aware that in the event that there is no transition period agreed between the UK and the EU, companies relying on Privacy Shield must take immediate steps to make a public commitment to complying with the Privacy Shield stating that it will include the UK and in any event they must do so before the end of any agreed transition period.

Conclusion
Despite the political turmoil in Westminster, the facts on the ground in relation to businesses’ personal data-handling responsibilities will not change substantively in a post-Brexit world, no matter what the final status is. A small number of prudent steps to align businesses’ data protection strategies to ensure it can cope with any of the eventual outcomes will, however, go a long way toward averting any panic.

Duncan Burrell is a trainee solicitor at Accutrainee

When I initially announced my intention to pursue a career in law, friends of the family who had legal experience left me with no illusion as to how difficult it might be, although this was more to do with the overall challenges of entering the profession, rather than race. However, it was still suggested that I use my middle name (John) in applications as it might serve me better. Whilst my initial informal work experience reinforced the preconceived notion that this was a profession dominated by the white middle class, my first salaried role post-graduation was actually handed to me by a black female partner, highlighting the change that continues to permeate throughout the profession.

For what it’s worth, I do not particularly believe that my ethnic background held me back. The competitiveness of the legal profession is well-documented and for good reason.

Accutrainee first seriously came onto my radar whilst I was working as a paralegal at GE. A senior member of the legal team recommended that I look into it further and I did. The rest, as they say, is history. I am currently seconded by Accutrainee to the in-house legal department at an investment research and equities broker. With all the change in the regulatory landscape that has occurred over the last 18 months, it’s been a fantastic time to be a trainee and cut my teeth on work at such a critical period.

As clichéd as it sounds, the advice that I would give to graduates and trainees from an ethnic minority background is to persevere and be resourceful. Diversity and inclusion are at the forefront of corporate recruitment policies and there are some fantastic organisations (Black Lawyers’ Directory and ACS in the City of London) out there that can help you capitalise on this and get a foot in the door.

In addition, from what I’ve witnessed, Accutrainee has developed fantastic training opportunities and the diversity of the trainee cohort is evidence of the truly even playing field they have created.

However, make no mistake, this is an extremely difficult profession to get into and an incredibly demanding profession once you’re in the door. There will be knockbacks and rejections and your ability to take them on the chin and grow and learn from them is vital. Be prepared to be brutally honest with yourself. If you ever find yourself asking the question “Can I do more?” – the chances are there’s still something left to give.

Finally, I would stress the importance of mining your network thoroughly to create opportunities and openings. You’d be surprised at the avenues that might open up if you speak to people in your wider circle who have connections (however tenuous) to the legal profession.

Some of the most valuable lessons I have learned are from my Aunt who has been a true role model. She managed to accomplish so much in her professional life whilst raising me (with the help of my Grandmother) at a time when prejudice and discrimination were far more damaging and prevalent than they are today. In overcoming these at-the-time unchecked hurdles, the most valuable lesson she instilled in me (and constantly reinforced by example) was the importance of hard work and integrity. Hard work will take you to seemingly unreachable places and integrity will cement your reputation and legacy.

However, I’ve also had the fortune to have encountered multiple people who have shaped me both professionally and personally. It’s crucial to remember that even if you have a role model, keep an open mind (and open ear!) as you can stand to learn so much from others in your career, not just your superiors.

Clients are now increasingly demanding diversity, which is a fair thing to ask given the globalization of the economy. Even in the absence of client-driven change, diversity is important in any business to avoid group-think. Different people from different backgrounds with different mindsets working towards the same objectives fosters an environment where new, relevant and exciting goals can be achieved. The corporate world is aware of this – the FCA recently released a discussion paper called Transforming Culture in Financial Services where, among other things, they focus on the importance of diversity and the benefits it can bring to a business.

Accutrainee has given me the opportunity to gain a wide variety of invaluable skills through a bespoke Training Contract tailored to my interests and needs. Accutrainee’s truly unique approach has allowed me to experience not only different types of law but also different businesses, personalities and working environments. As the only Trainee in the companies I have been seconded to, I found having a comprehensive handover from my predecessor at the start of each seat particularly helpful. My learning was accelerated further by high levels of responsibility at an early stage and continuous guidance and support from Accutrainee in the form of monthly Training Principal Meetings, bi-annual appraisals, frequent training sessions and networking events. This has been a real advantage, as I receive feedback on my work and progress not only from my day-to-day supervisor but also from my Training Principal and others from the Accutrainee Team.

A Training Contract is a journey that should challenge and motivate you. As a Trainee Solicitor with Accutrainee you will be able to develop your legal skills and career in a flexible, supportive and stimulating environment standing you in good stead to become a highly successful Solicitor.

For me, the real journey began when I received the lucky phone call announcing that I had been successful at an interview with one of Accutrainee’s clients. The first seat of my Training Contract started almost immediately, in one of my dream practice areas – media and finance law within the film industry. Headquartered in Los Angeles, the company has offices in every part of the globe. I am now four months into my second seat, seconded to a large rail freight company, where I have the opportunity to gain experience in commercial law as well as compliance, insurance and employment law. I have found my in-house experience particularly enriching and it has facilitated deep client knowledge and commercial awareness. I would like to think that over the past year I have collected a few valuable skills that I can share with others about to embark on their journey to qualification.

Early on in my training, I was told that a Training Contract is about much more than just learning the law. They were right. It is about using your legal skills in a way that adds value to the business, developing as a leader and gaining the confidence and skills that make clients want to turn to you for advice.

Perhaps the most valuable advice I have received so far, is that what a supervisor values most is time and you are there to make their life easier. Try to anticipate what your supervisor will need next and stay one step ahead. Research your assignment and read any relevant notes on PLC before producing a draft document. Go to your supervisor only once you have a full list of the questions that will enable you to complete your task.

Another important piece of advice is that confidence is a vital trait for a Trainee Solicitor to develop. As Trainees we are keen to prove our worth but the thrill of excitement you get when a client seeks your legal advice, is quickly replaced by anxiety when you realise the next words you say may affect your client’s case. In my experience, researching thoroughly, approaching questions analytically and being methodical has helped me gain a better understanding of how to add value to the team and effectively support clients. Seek opportunities to work on projects/cases that you find challenging, volunteer to do training sessions and presentations, ask for regular feedback and note down all the points that you can improve upon. A Training Contract is your time to learn so use it wisely!

Developing your networking skills is another integral part of the Training Contract. As a Trainee, you may not necessarily be expected to bring in new business but it is still useful to raise your profile. I found walking into a room full of strangers and trying to strike up a conversation with somebody on an unfamiliar topic terrifying. However, it helped me to remember that other people were likely to be feeling the same way too. Most importantly, invest some time in getting to know your team as these relationships may be valuable long after you have completed your Training Contract.

Whilst Training Contract experiences vary from place to place, I hope I have provided a few useful tips and perhaps helped you to reflect on the kind of Trainee you want to be.

I am excited to welcome you to Accutrainee’s first newsletter.  Accutrainee offers a unique trainee resource solution by employing trainee solicitors and sending them on secondments to clients. Find out more about what we do, our candidates and latest developments in trainee qualification routes in this first newsletter.

Susan Cooper, the CEO and Founder.

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Earlier this year I completed my first seat with the London office of an American firm. The London office specialises in trade finance and insurance litigation employing some of the leading practitioners in these fields.

One of the greatest advantages of working in a smaller team was the amount of responsibility you can take on as a trainee. Working for a specialised team also means that, with time, you can really familiarise yourself with some of the key documents allowing you the opportunity to gain a much deeper understanding of that legal area.

As I got to know the team and developed my understanding of the practise area I saw my role start to shift from completing more traditional low level trainee tasks to taking on more and more complex work.

Now the catch is that these simple tasks, like running conflict checks, opening matters on the firm’s system and writing case updates never stop, which means that as you start taking on more complex work, you are expected to fit an increasing number of tasks into your daily schedule. Prioritising tasks is a crucial skill for anyone who aspires to become a solicitor. Do not fall into the trap of working through tasks in the order they are given to you. Big mistake! Instead, you need to get into the habit of quickly working out what should take priority. The plus is that starting your training contract with a busy team certainly provides a crash-course on how to prioritise.

The quality of your experiences during the training contract is also affected by your interactions with your fellow trainees. Working, socialising and supporting your fellow trainees is a good way to transition into working life whilst making some great friends along the way.

Another piece of advice I would offer is to be as proactive as possible. As you learn more about the timeline for transactions and build up your confidence, you should start volunteering to take the next step like having a stab at the first draft of the security agreements to accompany a main lending agreement or drafting responses to client emails for a partner to review instead of just waiting to be asked to do those things.

For me personally, meeting with clients at our firm’s anniversary party was probably one of the biggest highlights of my first seat. It goes without saying that a firm’s clients and their respective business projects are invaluable to a firm; but it can be easy to forget that given the wealth of knowledge most clients have of running deals, they often have amazing tips and experiences to share which are well worth tapping in to.

Good luck with your qualification journey.