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Planning Your International Move

Wherever you are presently based, how many times have you sat back and considered an exciting future for yourself far from your home?  Are you based in sunny Sydney but dream of the high-life in a tax-free and lucrative location in the Middle East? Have you sat on the tube in drizzle soaked London and fancied yourself working from the sunny shores of the Caribbean or laid back Australia? Are you hoping to swap the beauty of Auckland for a life in a fast paced finance centre like Hong Kong, London or Singapore?

If you are at the beginning of your career and have a long term plan to move overseas for professional and/or personal reasons it is essential to be realistic about it, and ensure that you have the skill set necessary for making such a move. It is important to remember that it is usually only the international/top local firms in each jurisdiction who will employ foreign qualified lawyers.  Further, and particularly in a difficult economic market, such firms are only prepared to go through the relatively complicated process of recruiting a lawyer from overseas and securing that person a work permit/visa where there is a real need for an exceptional individual, with specialist experience and, in situations where there is  a dearth of locally available specialists.

What do employers look for when recruiting a lawyer from overseas:-

1. Academics - when recruiting a specialist from a different jurisdiction, one of the first things a potential employer will look at are the candidate’s academics. Employers are not prepared to take risks in recruitment and consequently will err on the side of caution, rejecting individuals with average academics and only interviewing those with the top academics from internationally recognised institutions.

2. Law Firm – a partner will always feel more comfortable recruiting a lawyer from a recognised name.  You may have the view that you will gain more hands-on responsibility from a smaller player; however whether or not that is the case, it will always be easier to make a move from a well recognised top 20 firm than from a niche/boutique player or a general practice firm.

3.  Area of Specialization –the areas that are in demand for lawyers relocating to a new jurisdiction tend to be the commercial areas of international capital markets, corporate, banking and finance, projects, funds etc.  Whilst these areas are all cyclical and are affected by the vagaries of the markets, they remain the areas where it is traditionally harder to recruit and therefore where firms are prepared to look at foreign qualified lawyers.  It is much more difficult to move overseas in other specialities; especially in a tight market such as this.  It is rare, for example, for a firm to look at a real estate lawyer from a different jurisdiction.  Whilst there are some needs for foreign qualified commercial litigators, the requirement for individuals to re-qualify means that where they can, a firm will usually try and recruit a locally qualified individual. Lawyers with backgrounds in family law, criminal, immigration, civil litigation, residential property etc will find it more difficult to secure a role overseas.

4. Years of experience – whilst you may be anxious to move onto the next phase in your life, it will certainly be easier to secure a position when you have some real experience to offer a new employer.  Moving at newly qualified level is difficult; with little to distinguish yourself, you will be competing with a raft of others at a similar level who are locally qualified.  There is also the fact that lawyers qualify in a different manner in each jurisdiction; a NQ in New South Wales, Australia will qualify without a training contract whereas a NQ in Hong Kong will have spent 2 years at a law firm before qualifying.  Thus candidates moving from jurisdictions like Australia, New Zealand, and Canada will usually have between 1-2 years discounted when moving to a UK law firm; similarly candidates from all jurisdictions may well have time discounted if moving to a US firm.  

5. Practical experience –v- academic experience – nothing compares to solid practical legal experience. A candidate with one good degree who can demonstrate first class experience with a top international law firm will be eminently more appealing to an employer than an individual with a series of degrees at graduate and post-graduate level and no practical experience.  Similarly, a series of internships with a variety of employers does not equate to a period of permanent employment with a good name firm.

6. Languages – if you aspire to move to a jurisdiction where English is not the main spoken/written language then oral and written fluency in the relevant language will assist in your job search considerably.  Nowhere is this more important than in China and Hong Kong where the most sought after candidates are those who speak native level Mandarin and read and write Chinese.  Merely having some understanding of the language will rarely assist in your job search, nor will a desire to learn the language.  Not having language skills for locations like Japan, Hong Kong and even China will not mean that you cannot find work (if other factors such as experience from a top tier firm and strong academic background are in your favour) but having languages skills for these locations certainly helps a lot.

An international move is exciting from a personal perspective and can offer unparalleled career opportunities.  It is clear therefore that if you are intend to make an international move you must position yourself so that you are irresistible to future employers.

• Initially when choosing a university make sure it is internationally recognised as a leading university.
• Take subjects which you think will earn you the best possible grades so that you will gain a high class of degree and graduate towards the top of your class
• Ensure that you begin your career with a prestigious commercial law firm, ideally in a major legal and financial centre; choose Sydney over the Gold Coast; Auckland over Christchurch; London over Birmingham
• Ideally steer your career down a non-contentious commercial path
• Bide your time until you have at least one year post qualified experience or more
• Do not job hop. Law firms are conservative in their recruitment and selection process. The more moves you have on your CV the less attractive you are as a candidate.
• Consider and research your destination carefully.  Although the London market remains relatively difficult there are still jobs for absolute top class lawyers and there are jobs nearby in the Channel Islands; the Middle East is picking up and usually does not require foreign languages; whilst language requirements are very important in Hong Kong, Singapore does not have the same requirements; Australia is crying out for projects and oil & gas lawyers; and there are roles for good corporate/projects lawyers in more unusual locations including Saudi Arabia and Central Asia.

 Finally, be realistic; look at your experience critically.  If your CV does not tick the right boxes do something to change it whilst you are still junior; make a move upwards to a more prestigious firm; try to change specialty within your own firm; and finally be prepared to wait until the markets become more buoyant.  Making such changes could ultimately benefit your long term career and prospects whether you make that international move or you opt to progress your career at home. 

Two of Marsden’s principals, Jonathan Walmsley and Jonathan Marsden, were recently in Singapore to meet with partners from premier UK and US firms as well as lawyers we have placed into the region . Here’s the essence of what’s going on:

• Most firms are looking to seriously grow in South East Asia in the next 2 years.
• Many UK firms are about to move offices. One silver circle firm has taken space which will allow it to accommodate 27 new lawyers. Clifford Chance has gone public with its plans to double revenue across Asia in the next 4 years and with this comes growth at associate level. One magic circle firm has already grown by 30% over the last 12 months. Firms will be growing through further lateral hires at associate level and through internal transfers from other offices.
• Premier US firms are looking for lawyers in capital markets, corporate (including private equity) and finance. Lawyers will tend to have broad practices in these firms. All US firms are looking for lawyers with premier firm training and top academics. Junior – mid level lawyers are in most demand. US and non US lawyers in demand by these firms which pay full New York rates.
• UK firms are looking for a range of skills across all transactional areas and junior – mid level lawyers are in most demand. There are limited opportunities in litigation.
• Singaporean lawyers and lateral Singaporean partners are in demand across a number of firms (UK and US) with lawyers from top tier local firms such as Allen & Gledhill, Wong Partnership and Stamford etc in high demand.
• Indonesian, Indian and Malaysian work is flooding in to Singapore. Connections with these countries will prove to be very valuable.
• Tax rates remain very low and are one of the reasons many ex pat lawyers want to live and work in Singapore.
• There are now over 1000 overseas qualified lawyers working in the international firms in Singapore. The lawyers we have placed in Singapore are happy with their move. They are getting great work and are well paid and enjoying traveling across different parts of Asia.

For more information on the Singapore market and to discuss opportunities relevant to you contact:

Jonathan Walmsley:
jonathan.walmsley@marsdengroup.com +612 8014 9050

Sally Gardner:
sally.gardner@marsdengroup.com +65 6832 5656

Jonathan Marsden
jonathan.marsden@marsdengroup.com +44 203 326 0842

With increased options post the worst of the GFC, Greg Plummer, Director at Marsden Legal outlines developments in the main jurisdictions of choice for New Zealand lawyers and offers some practical tips to those considering a move oversea.  Click here to read the full article.

As one of the most if not the most popular social network, Facebook has the kind of reach that not only makes it desirable for casual communication but also increasingly for professional networking. Employers also see this potential and various sources estimate that around 30% of employees are screened via Facebook. Many embarrassing Facebook incidents make the news every day and have not only resulted in the public shaming or worse of the individual concerned but often a loss of employment or even jail. Knowing that your life, whether private or professional may be under scrutiny on Facebook, some simple rules can help you save face and your career: people can and will judge you by the company you keep so be aware of what your friends are doing and how this may impact on you, set up your privacy settings to restrict who has access to your information, avoid whining and complaining about your job, colleague or boss and do not post information that conflicts with your resume or statements/statuses that clearly show your abuse or a colleague’s abuse of time, resources or work privileges. Finally, if you must use Facebook to network and socialize, you should consider setting up a profile that is strictly for professional use in order to keep your personal and professional life separate.

… may not be rocket science but getting the right one takes a mixture of skill and luck.  Let’s tackle skill first.  It seems obvious that you need to have the right qualifications and experience that the potential employer is looking for but communicating this to the employer does require some skill.  For example, not only will you will need to prepare a CV, a synopsis of legal experience but at interview, you have to impress the interviewers that you are a good fit (both professionally and personally), for the position they are looking to fill.  Next, luck plays a larger part in getting the right job than we would hope or care to admit – my parents would always say that you have to be at the right place at the right time.  But is that really luck?  Being at the right place at the right time requires patience and the ability to move quickly when the right opportunity arises.  In the next few blogs, I will outline what we at Marsden believe, are steps you can take to find the right job.

UK law firms are continuing to invest in outsourcing legal work traditionally undertaken by associates. The idea is that big-ticket work will be undertaken within the firm whereas lower end work will be outsourced to places such as India. How will this affect the hiring of junior associates?

The London Times ran an article recently stating that “…predictions suggest that fewer young lawyers will make it in the top London law firms and experts say that the rise in outsourcing will lead to fewer people overall being taken on in London.” I tend to agree somewhat with this suggestion but I do not think that it will be as bad as is being touted, for at least a couple of reasons. First, large law firms recruit junior lawyers not only to undertake deals/cases but also to prepare for overall succession for the firm down the road. Yes, it is true that many lawyers lateral into firms and that partners too make lateral moves taking their team and clients but time and again, we hear the same refrain from firms as to how they like to train their lawyers from the ground up. For lawyers to be successful at firms, they not only need to be good lawyers but they need to learn the culture of the firm – elevation to partnership at a law firm is part ability external contacts (clients) and part internal networking. The goodwill a lawyer generates internally plays a huge part of rising through the ranks. Secondly, I think that quality control and confidentiality issues will continue to play a large part in outsourcing. We are living through a worldwide recession and costs are at the forefront of every client’s mind. When the economy ticks upward again, concerns about spending on lawyers will again subside being countered by the requirement for quality legal services.

After a year where legal recruitment in Australia virtually halted on most fronts, there are definite signs of a slow but sure recovery  which bodes well for the first half of 2010. Overall, the Australian economy survived the crisis relatively unscathed vis a vis other first world countries with only short term, small negative growth recorded. It never dived into full scale recession. Official Australian Reserve Bank interest rates went through a downward spiral in the first part of 2009 down to their lowest point in decades, around 3%, but for the last three consecutive months have consistently risen and unemployment did not balloon out as expected. Transactional practice areas such as banking, corporate and property were the hardest hit, like in other locations but practice areas like employment / workplace relations, litigation and insolvency remained relatively buoyant. That didn’t result in more recruitment though as firms tended to utilise their existing resources before going to market.  As business confidence and foreign interest continues to grow in Australia and new transactional instructions gain added momentum in terms of volume, firms will begin to require adequate leveraging again resulting in more recruitment. Many of those made redundant were those lawyers at the mid level. There will also be some effect to the recruitment market of lawyers who would have normally moved in 2009, but couldn’t, leaving gaps as they move on to other opportunities as they arise. That is yet to be seen. Australian client firms that Marsden International has recently spoken to have generally expressed cautious optimism for legal recruitment in 2010. For the short term at least as things begin to balance out Australian qualified lawyers who do not require sponsorship into Australia will be preferred as firms consider that "local" talent is abundant and can’t justify the added cost that sponsorship and requalification brings. However, exceptional foreign qualified lawyers will be at least considered if they have a particular "value ad" in terms of experience. So, overall it is well worth exploring Australian options as the market is likely to recover relatively quickly particularly in the transactional practice areas. Other practice areas that will become very much in demand across states will be litigation, insolvency, environment and planning, energy, employment and insolvency. 

It has been a very significant year for Marsden International in Australia. In November, Greg Plummer a senior manager from a leading Australian legal recruitment agency, became our on the ground representative. His role is to assist lawyers seeking a move within Australia, Australian qualified lawyers wanting to gain international experience, Australian returners and also working with foreign qualified lawyers into Australia. He has many years of experience working across all of these areas. Greg is well connected in Australia and overseas and works closely with our offices in London, Singapore and Canada to ensure candidates and clients are very well looked after through a professional and responsive approach. Plus, as a New Zealander he also works extensively with New Zealand qualified lawyers as well! This all means that Marsden is very well placed in the Australian domestic market than ever before.

Following recent conversations with US law firm partners, the sense of optimism for 2010 continues to grow.  The year that began with significant layoffs for lawyers across the globe appears to be ending with some US law firms treating the down market as an opportunity to expand internationally.  We all know that firms such as Latham laid off over a 150 lawyers across their network but it is less well known that this year saw firms such as Ropes & Gray and Greenberg Traurig open in the City of London.   This is not to say that the hey day of the international markets is back but at least there are signs that US law firms are once again thinking about international options.

Some recruiters would have you believe that the legal world has somehow totally changed; that the recession will have such a lasting impact that lawyers, particularly partners at law firms, need to completely rethink their personal game plan. I personally do not believe this to be the case. Sure there will be some changes, the law and the business of law is constantly evolving. For example, maybe the job security that partners have previously enjoyed may have lessened, but the fundamental principles of operating a law firm remain largely unchanged. Sure, being a lawyer is being part of a profession but being a partner in a law firm is also about being and behaving like a business owner. Law firms know that their clients have suffered and many have taken steps such as lowering billing rates to accommodate. Business owners learn from downturns and as such, law firms across the world have been taught a thing or two from this recession and have taken innovative steps and countermeasures to attract new business and manage cashflow. That, in itself, does not mean that the fundamental premise on which managing partners or executive committees run a firm will change all that much. Having just returned from meeting with senior partners in firms in Singapore and Hong Kong, I am reminded of the necessity of the need to return to business "as usual". The consolidated message from each and every partner with whom I met was quite simple: 2009 was tough but there is cautious optimism for a return to doing business in 2010.