Influencing legislators

The firm responds to consultation papers regarding possible changes to law and practice on a wide variety of issues. Our experience and profile means that our view often influences legislators and regulators when crystallising proposals into law.

Ciara McDonald, a professional support lawyer in litigation, comments, "The Department of Constitutional Affairs (DCA) and the Court Service regularly publish Consultation Papers on changes they are proposing. We consider all of the papers and where they impact, or may impact, on our practice we respond to them. It is important we do respond, particularly in areas where we oppose proposals, as doing so can result in them being shelved or given further consideration."

In the corporate division, associate Nicola Crissell became actively involved within weeks of joining Herbert Smith as a trainee:

"As a first seat trainee in the corporate division, I didn’t expect to be involved in 'shaping the law'. However, one of my first tasks was to draft Herbert Smith's response to an EU Corporate Governance Questionnaire, which gave me an understanding of certain key issues in European Company Law. It also introduced me to the ongoing debate on company law reform that I would encounter throughout my seat, as well as making me consider the commercial impact of proposed changes and why they are of such interest to both Herbert Smith and the sophisticated clients we represent.

“Throughout my seat I was involved in Herbert Smith's work in relation to the Companies Bill, which became the Companies Act 2006. Herbert Smith played an active role in the consultation leading to this Bill and in initiating and participating in debates and discussions surrounding some of the more problematic clauses. My supervisor, James Palmer, was also involved, as chair of the City of London Law Society, and proposed several amendments. During my seat I was asked to follow these debates and the process of the Companies Bill through Parliament and to research various issues in connection with Herbert Smith's attempts to influence and analyse the reform proposals.

“My research included notes on topics such as the effect of the repeal of the prohibition on financial assistance and the impact of the Interpretation Act on contracts, which define terms by reference the current Companies Act. This work emphasised to me just how essential it is for a successful City law firm not just to follow changes in the law, but to actively lobby for them”.