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31 January 2020
Issue: 7872 / Categories: Legal News , Profession , Brexit
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Litigation trends: technology, diversity, and Brexit

Law firms should embrace technology, flexible hours and remote working to break down barriers in the legal profession, the President of the London Solicitors Litigation Association (LSLA) has said

The annual NLJ and LSLA Litigation Trends Survey, published this week, reveals that 83% of the Capital’s litigators believe more needs to be done to improve diversity and inclusion in the profession. One respondent said that BAME (Black and minority ethnic) lawyers were prevalent at the middle levels of the profession but talent ‘is not being progressed to the higher levels’ in the legal profession.

Respondents were asked what areas firms should focus on to boost diversity and inclusion. The top three areas given were: encouraging flexible working and job sharing (81%); promoting and supporting social mobility (77%); and focusing on workplace culture to create a place where every voice is welcomed, heard and respected (75%).

Julian Acratopulo, LSLA President and Clifford Chance partner, said: ‘I firmly believe that technology is absolutely key to this.

‘Diversity and technology go hand in hand, and need to be viewed as such.  Better digitisation opens up more opportunities for lawyers to work flexibly or remotely (as cases can be conducted online rather than in person).  This helps to break down the barriers that can dissuade people from joining or progressing in the profession.’

Brexit could boost profits: two-thirds predict an ‘inevitable’ post-Brexit spike in litigation affecting cross-border businesses. Only 28% expect a material flight of litigation work from London after Brexit.

More than a third (38%) perceived the litigation market as unchanged in the past two or three years, and 44% said it was growing.

Moreover, the cost of litigation in London is not a significant factor for clients, according to 58% of litigators. Multiple respondents said London remains favourable due to its reputation for high quality judges, judicial independence and procedural features.

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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