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Winter Wonderland featuring legal tweeps



As Christmas gets closer, LegalAware intensifies its wacky Christmas card campaign. Here are the usual suspects, @alexaldridgeUK, @legalacademia, @paulbernaluk, @colmmu and @legalbizzle in a ‘happy feet’ showcase.

James Vine discussing the LegalAware podcast on bribery with LPC student Grace



James Vine, a senior barrister, has a very specialised interest on the Bribery Act 2010.

James has helpfully picked up on some issues discussed by Grace in our podcast for the BPP Legal Awareness Society for all students at BPP. I apologise for the sound quality of our internet connection, but I hope you find the discussion between James and Grace informative and interesting. This podcast might be of especial interest to candidates for pupillages or training contracts who wish to pursue further the jurisprudence of jurisprudence in the English law jurisdiction.

If you’re interested in this subject, I strongly recommend James’ blog, “The Bung Blog”, which has a light-hearted look at bribery (if that is possible!)

You can listen to the original podcast here.

You can also listen to the BRAND NEW discussion we recorded this week here.

 


 

Enormous thanks to James Vine for doing this for us, Shibley.

 

 

Official list of meetings this term by the BPP Legal Awareness Society in the City



The meetings of the BPP Legal Awareness Society, run by students of BPP at the BPP Business School, will take place as follows. All student members of BPP, particularly those in finance, business, marketing, accountancy and law, are most welcome. The BPP Legal Awareness Society wishes to promote commonalities within these professional disciplines. In particular, this Society emphasises the importance of law and regulation to businesses, and an understanding of business strategy to businesses.

Wednesday 2 November 3- 4pm;  room L2, BPP Business School St Mary Axe

IPOs and rights issues : the importance of flotations in the City

Wednesday 16 November 3 – 4 pm; room L2, BPP Business School St Mary Axe

Debt finance: investment options for the company

Wednesday 30 November 3 – 4 pm  – room L2, BPP Business School St Mary Axe

Joint ventures: practical legal issues for joint ventures

Wednesday 14 December 3 – 4 pm. – room L2, BPP Business School St Mary Axe

Arbitration: mechanisms for dispute resolution for businesses

 

Situational judgement test practice for training contracts and vacation placement applications



 

 

 

 

 

 

These are the questions to test competences described in the LegalRecruit blog. This test is similar to other situational judgment tests, often used by recruiters to see whether you are suitable for the culture of their organisation. For each test, you will be presented with 12 scenarios. For each scenario, three options are given. Choose one of the options, corresponding to what you feel is the best course of action to take given your available choices. Try to answer the question honestly, not what you feel the recruiter might be looking for necessarily. No specific knowledge or training as a corporate lawyer is required to be able to answer the questions but you will need to consider the safety of themselves and others and use the information provided to decide how best to respond. General common sense would be of great value for this test. You will get no immediate response, however there will be within a few days a complete breakdown of the results of the 72 questions, and the answers you were supposed to give.

There are a huge number of questions, and preliminary results show that the results you have decided are pretty clear-cut. This is what the people who set these questions call ‘validation by an expert group’. Please do let me know if there are any particular questions which have caused undue confusion using the comments facility below. They will be remedied as required.

The six tests are:

Commitment to excellence

Proactive mindset

Leadership and attention-to-detail

Teamwork

Problem-solving skills

Communication and negotiation skills

Good recruitment works well, for both the candidate and the firm, but a lot can go wrong in the process. Ideally, recruitment should be exploring which candidate has the most potential to fit into the organizational structure and culture of that firm, but too often it ends up being a case of ‘damage limitation’. The utilisation of this approach is most dangerous for firms which aim to encourage innovation or entrepreneurship, as many firms in the City claim to be. If truth be told, they are often looking for reliable ‘fee earners’ instead. It is perfectly possible for you to ‘train’ to become good at these tests.

 

Competences

 

Law firms tend to have a very clear idea what they’re looking for. These are called “competences“. ‘Situational judgement tests’ look at competencies.

Outstanding problem-solving skills

Do you have the mental agility and intellectual rigour to analyse problems and apply this analysis to develop novel, unexpected solutions?

The problems you face can be large or small, simple or complex, and easy or difficult to solve. Regardless of the nature of the problems, a fundamental part of every trainee lawyer’s role is finding ways to solve them. So, being a confident problem solver will really important to your success a trainee lawyer.

Much of that confidence comes from having a good process to use when approaching a problem. There are various methodologies which you could use to improve your ‘problem solving’ ability: the ‘Mindtools’ website http://www.mindtools.com/pages/article/newTMC_00.htm. With a consistent method, you can solve problems quickly and effectively. Without one, your solutions may be ineffective, or you’ll get stuck and do nothing, with sometimes painful consequences.

There are four basic steps in problem solving:

1.            Defining the problem.

2.            Generating alternatives.

3.            Evaluating and selecting alternatives.

4.            Implementing solutions.

Steps 2 to 4 of this process are covered in depth in other areas of Mind Tools. For these, see our sections on Creativity for step 2 (generating alternatives); Decision Making for step 3 (evaluating and selecting alternatives); and Project Management for step 4 (implementing solutions).

Proactive mindset

Are you naturally inquisitive with an openness to new ideas and the initiative to turn them into practical results? Initiative is often misunderstood because it is simply not about meeting performance goals or targets; it’s often about going the extra mile. Initiative may be about identifying a need and championing a solution for the benefit of the law firm, without being asked to do so. Initiative involves a sense of responsibility for the company’s well-being and a few guiding principles. Initiative is about taking steps to make the law firm better, and not about wasting time tackling unimportant matters. To make the distinction, try determining the impact a certain action would make on your team’s performance, the company’s bottom-line or the company’s long-term vision.

Being proactive means thinking and acting ahead – basically, this means using foresight. It’s a great method for avoiding more work down the road but also can be extremely important for averting disasters, planning well for the future and for instituting systems at work, in study, and at home that make life easier for not just you, but others as well.

Consider whether your working style is more “active” or “passive”,

http://www.eatyourcareer.com/2010/08/how-be-proactive-at-work-step-system/

An excellent, friendly, article on showing initiative is here, http://uk.askmen.com/money/professional_100/137_professional_life.html.

This article also gives a very interesting perspective on questions you might ask yourself to develop a “proactive mindset”, http://www.wikihow.com/Be-Proactive

The difference between “reactive” and “proactive” language is indeed an interesting one: http://www.stevepavlina.com/blog/2004/11/be-proactive/.

Commitment to excellence

Do you hold yourself to the highest standards of performance even when the going is tough? And are you passionate about continuously raising and refining your own performance levels? Do you persevere when pursuing a project, but remain flexible if there are obstacles in your way?

A ‘commitment to excellence’ is broadly defined to mean that an employee ‘adopts a conscientious and proactive approach to work to achieve and maintain excellent standards’. Every member a corporate law firm must strive to achieve and maintain the highest professional and personal standards, thereby enhancing both the competence and cohesion of that law firm.

It is interesting to have a look at various law firms you know to see how they present their commitment to excellence. There are in fact various ways in which law firms can commit to excellence, and you should search for the term ‘shared values’ on the corporate website. It’s interesting in fact how law firms can vary markedly even in their taglines: http://www.lawmarketing.com/pages/articles.asp?Action=Article&ArticleCategoryID=6&ArticleID=173.

Many law firms believe that community and social responsibility (corporate social responsibility) involves an understanding of the impact our business has on the environment, the welfare of individuals, the community and the sustainability of the world’s resources. This means that running a business goes beyond making profits and acquiring wealth, and law firms increasingly acknowledge our obligation to consider the wider interests of our clients, employees and the community in which we function. In economic terms, responsible approach in these areas can lead to greater efficiencies, lower costs and an improved reputation as a responsible service provider and employer.

The SRA Handbook sets out the standards and requirements we expect our regulated community to achieve and observe, for the benefit of the clients they serve and in the public interest.

The Legal Services Board (LSB) approved the Handbook on 17 June 2011. The key implementation date was 6 October 2011.

The SRA’s approach to regulation is outcomes-focused and risk-based, so that clients receive services in a way that best suits their needs. More about outcomes-focused regulation

Read Outcomes-focused regulation at a glance online

Overview of the Handbook

Table comparing old and new approaches

It is really important that you make every effort to stay in good physical or mental health for our own health and well-being and also as a personal responsibility towards people you work for/with. It is our responsibility to develop our own and others’ professional understanding of how air corporate law is most effectively applied and how it can remain relevant and capable in contemporary environments.

Strong communication skills

Can you communicate fluently, clearly and concisely? Persuade and negotiate with others in both group and individual situations? Make complex information understandable to clients? What will you do if you find there are problems with communication?

A really helpful website is at http://law.gsu.edu/Communication/  Entitled “Effective Lawyer Client Communication: ?An International Project to Move from Research to Reform”, the authors describe that the goal of their project is improve lawyer-client communication by combining what has been learned so far within legal education with empirical social science research. We have selected the initial client interview as the focus for the pilot project. The initial interview is, of course, the one unit of service that is constant across all forms of legal service delivery. It is also one of the most critical units of service. The initial interview: (1) shapes client perception of the lawyer; (2) defines the service to be provided in terms of both problem and goal; and (3) is an important opportunity for client education, e.g. confidentiality, substantive legal rights, what the client can do for himself or herself, and the need to preserve evidence.

Professor Clark Cunningham is the Director of an international collaborative project, based at Georgia State University, on lawyer-client communication: Effective Lawyer Client Communication (ELCC): An International Project to Move from Research to Reform, http://tinyurl.com/64csb2g.

The goal of this project is improving lawyer-client communication by combining what has been learned so far within legal education with empirical social science research. The project has the potential to change the way client communication is taught around the world.

Prof Cunningham refers to William Felstiner, former Director of the American Bar Association:

“He gathers from these sources the conclusion that lawyers frequently fail to treat clients with respect, do not consider the nature of interpersonal relations with clients to be an important aspect of law practice, are motivated more by financial returns than by professional values, are inaccessible and unresponsive, are poor communicators, do not know how to deal with clients effectively, are indifferent to clients’ feelings, and are indifferent to the pace of clients’ legal affairs.”

Irene Leonard has produced ‘7 steps’ for effective communication:

http://www.coachingforchange.com/communication-skills-for-lawyers.html

She comments that:

“The practice of law is highly dependent on good communication skills, especially persuasive verbal skills. Mastering these seven keys will allow you to connect with your clients in a more meaningful way and solve problems more effectively. You will have more successful presentations and depositions. Even interactions with your staff will be improved.”

 

Teamwork

Do you have the confidence to collaborate, seek feedback, share ideas and build credibility through your interaction other people?

A good overview of the relevance of teamwork to legal reruitment, and beyond, is for legal recruitment purposes Is given on the page: http://www.wikijob.co.uk/wiki/teamwork. However, a much useful article serving as an introduction to teamwork is http://www.nwlink.com/~donclark/leader/leadtem.html, which features a discussion of the ‘elements of a good team’. Candidates with good teamwork skills are normally able to see the bigger picture and grasp the concept that employers value the outcome achieved by a group, more than that achieved by any one person.

You might like to look into certain areas such as:

1. Conflict resolution

http://www.mindtools.com/pages/article/newLDR_81.htm

2. Maximising your contribution (see in particular ‘Belbin’s team roles)

http://www.mindtools.com/pages/article/newTMM_53.htm

3. Using ‘small wins’ to motivate other members of your team

http://www.mindtools.com/pages/article/progress-theory.htm

4. Managing in India

http://www.mindtools.com/pages/article/newTMM_18.htm

There is a well-known model of working in groups, which you may be interested in:

http://www.chimaeraconsulting.com/tuckman.htm

Often quoted, Bruce Tuckman’s classic description of the stages of group development is easy to understand and remember, but it helps to go back and look at what’s behind each stage. Tuckman is a respected educational psychologist who first described the (then) four stages of group development in 1965, soon after leaving Princeton.  Looking at the behaviour of small groups in a variety of environments, he recognised the distinct phases they progress through, and suggested they need to experience all four stages before they achieve maximum effectiveness.

The importance of “teamwork” to law firms is described in a very elegant article by Bob Bookman entitled “Teamwork: Outlawing the Lone Ranger Partner”,

http://www.bobbookman.com/articles/article_3.htm

Teamwork is a good mechanism for sharing the workload. Luckily, for the corporate world, most humans gravitate towards team work; they prefer sharing the workload (http://www.helium.com/items/344790-the-importance-of-teamwork-in-the-company ). Humans have discovered, since the earliest of days that many hands make for a much lighter load.  An excellent analysis of why teamwork is otherwise important is given in this article, http://www.the-happy-manager.com/why-is-teamwork-important.html.

Teamwork also constitute an important part of competence interviews later in the assessment process:

http://humanresources.about.com/od/involvementteams/a/team_questions.htm

 

Attention-to-detail and leadership

Can you manage your own workload, stay organised under pressure, pay attention to detail and be relied on to complete each task accurately and completely?

Corporate law firms need trainees who can handle both the small and large parts of a task. Such individuals won’t overlook what needs to be done and can be depended on to do each task accurately and completely.

Proofreading is an example of where attention-to-detail is critical – this is especially important whether you are a medical writer, for example, or a legal draftsman. It’s well worth looking at “top tips” for how you can be a good proofreader, and bear in mind that legal recruiters will go through your application form “with a fine toothcomb” to look for any mistakes. A website providing useful tips is:

http://www.dailywritingtips.com/8-proofreading-tips-and-techniques/

The following website page from the University of North Caroline offers an useful checklist about what might be included in ‘attention-to-detail’:

http://www.uncg.edu/hrs/detail.htm

For example, the trainee solicitor:

  • Keeps a project checklist, covering all the details that might be overlooked.
  • Checks, and rechecks work for mistakes before sending out.
  • Follows procedures exactly to make sure all parts of a job are completed.
  • Compares finished work to what is expected.
  • Performs routine or repetitious tasks with care and attention.
  • Reviews work carefully for completeness and accuracy.
  • Makes sure equipment is working before it is needed in a project.

Legal recruiters are often looking for ‘future leaders’, although they do not give a coherent description of leadership qualities they are looking for. Here are some useful basic web resources which serve as an introduction on leadership:

http://www.nwlink.com/~donclark/leader/leadcon.html

Leadership styles

http://www.nwlink.com/~donclark/leader/leadstl.html

Visioning

http://www.nwlink.com/~donclark/leader/visions.html

Examples of questions for the ‘situational judgement test’

88 individuals took the LegalAware SJT test, and here is a breakdown of the results. This is described in a blogpost on the LegalAware blogpost, http://legal-aware.org/2011/09/legalaware-the-situational-judgment-test-a-test-used-by-clifford-chance-and-eversheds/.

EQ1 You are a trainee. You find that a document summarising the background of a client, which your Managing Associate has prepared and circulated to your group, contains some factual errors about the client. You know the client’s history well as you once did a research project on them at University. You are at a meeting, with your Managing Associate and Partner present. Which of the following courses of action do you take?

Half-way through the group meeting present your own Powerpoint presentation outlining the Managing Associate’s mistakes. (0%)

Have a private word with the Managing Associate early on in the meeting, to ask what he would advise.  (91%)

Immediately seek the attention of the Partner to express your concerns. (9%)

EQ2  It is your first day on a team of a trainees consisting of four people (including yourself). Your Managing Associate has asked your group of trainees to find the relevant cases relating to a transaction you are about to start. He has previously given you a list of the cases. This is an area which you studied in a module at University, and you feel you know it well. What do you decide to do regarding finding the cases?

Assemble your own list of cases, and obtain case judgments for all of them, and photocopy them. (7%)

Introduce yourself to the other trainees, and discuss with them how they wish to proceed in finding the cases. (90%)

Find your own list of cases, and ask the other trainees to find them for you.  (2%)

EQ3 Your friend, who has always been your competitor at law school, is about to give a Powerpoint presentation on share acquisitions in Korea as a trainee, and you know that the Managing Associate is looking forward to this presentation with interest. However, there appears to be a mechanical fault with accessing Broadband, and the only copy of the file is an email which she sent to you to check yesterday. You saved it on your memory stick, which you happen to have brought to the meeting. You know the memory stick is compatible with the computer she is using for her presentation. How do you decide to proceed?

Pretend you have forgotten the memory stick, and you cannot help. (0%)

Offer to upload the presentation on her computer using the memory stick, but to offer also to download the file from the internet if that fails from a neighbouring computer. (94%)

Ask the Managing Associate for help, to demonstrate that you enjoy teamwork. (6%)

EQ4 You have about sixty documents relating to a financial transaction which you have inherited this morning. It is your first morning in a new seat with five new trainees, and one of your two Managing Associates (the one who was due to meet you) is late for work. What do you first?

Introduce yourself to the other members of your team. (86%)

Phone the other Managing Associate, and insist on him or her being there to lead your business meeting this morning. (1%)

Arrange the documents into five piles of twelve documents, and ask each member of the team to provide details about them for use in an Excel spreadsheet. (13%)

EQ5 You are a trainee, nearly concluding a very important transaction. Your client has asked you to fax to him a copy of a document, but the only person who has a copy of it is your (only) Managing Associate, but he is on holiday in Tenerife and is completely unavailable. All the other members of the team are currently listed as ‘available’ in your head office. Which of the following people would you like to contact first for help?

Another trainee (16%)

An associate (67%)

A partner (17%)

EQ6 You have written a report on private equity in Japan, and you have ten minutes before the deadline, to send it to your supervisor. You are aware that there may be some cases with incorrect citations referenced. Which of the following do you do?

Check thoroughly for spelling and grammar errors. (5%)

Identify urgently the references in an accurate way, and amend your report. (78%)

Ask for an extension (a few hours in addition) so that you can vastly improve your report potentially. (17%)

EQ7 You are close to the final weeks of your first seat in technology in London. Your team is considering proposing a new office in an international jurisdiction to further your commercial interests abroad. The other trainees have asked you to present what you think is the most important aspect of that proposed office, as collectively your Supervisor has asked you to assemble a report on the subject by the end of the week. Which of the following factors do you think might be most important for opening this new office, which you choose to include in your report?

The quality of legal services to be offered by your firm in that particular office. (58%)

The price of legal services to be offered by your firm in that particular office. (4%)

The range of legal services to be offered by your firm in that particular office. (38%)

EQ8 You are a trainee in the corporate finance seat in London where all team members are extremely busy. You have recently been liaising with ten particular clients on an almost daily basis in France. Your Supervisor has asked you to canvass for opinions of various clients in different countries towards the recent fall in stock prices in the European markets. You feel you do not have time to do this task on your own in time. Which of the options do you consider first?

Seek help from other trainees to help you to write the report, and ask other trainees which clients should be contacted. (24%)

Seek help from other trainees to help you to write the report, and contact some or all of the ten clients to ask them for their opinions. (47%)

Research the information which could be obtained from the clients and punctually write a report. (28%)

EQ9 You passed your advanced elective in intellectual property in your Legal Practice Course. You are in a small team of five trainees, and you are all working on an urgent case the preparation of which must be concluded by the close-of-play tomorrow night. Your Managing Associate has asked you to consider where a series of claims in a patent diverges between your client and the party making a claim against your client. She is experienced in intellectual property. You have not looked at the case yet, but already three people think the claims diverge at step 12, but one person thinks the claims diverge at 23. Where the claims diverge is important for your case. Which of the following options do you pursue first?

Analyse the case first to make up your mind about where you think the claims diverge, and discuss further with your team. (93%)

Ask all other members of the team to compile (and email to you) a written report to send to your Managing Associate so that she can decide. (4%)

Ask your Managing Associate to meet up with you urgently to resolve the dispute. (3%)

EQ10 You are a trainee in a law firm, and your best friend is working in a rival firm. You get on well with your Managing Associate, as your firm is reputed to be ‘small but very friendly’. She is very good at keeping secrets, according to your colleagues. Your friend is acting in the team for the opposing client, and has told you informally that it is widely believed in fact that the share acquisition does not fit in with their corporate strategy, despite what is reported in the Financial Times. She has asked you not to tell anyone, but the information could make a critical difference to the success of the transaction of your client. What do you do?

Decide to keep this information confidential, but consider the information as part of your preparatory research, as available from public sources. (58%)

Tell your Managing Associate immediately in private, but request politely that she does not tell anyone. (11%)

Ignore the information, as it could be totally untrustworthy anyway. (31%)

  


Disability

 

It’s really important to realise that if you have a reading disability or visual impairment, the test administrators, designers and corporate law firm are obliged to enter into both the letter and spirit of helping you. Once you have all the ‘reasonable adjustments’ successfully implemented (if and only if, rather), it is perfectly possible for you to ‘train’ to become good at these tests.

 

 

 

 

Reading difficulty (dyslexia)

 

Dyslexia can be a legally recognised disability depending on its severity. Therefore, when applicants or candidates are being assessed, the qualified test user should have due regard to the employment provisions of the Disability Discrimination Act (1995)or Equality Act (2010); this makes it unlawful for an employer to treat a disabled person less favourably than a non-disabled person without good reason.

Discrimination is outlawed in a wide range of employment activities including selection, promotion and training. Employers have a duty to make “reasonable adjustments” to selection processes and working conditions so that disabled persons are not placed at a substantial disadvantage

 

The definition of the British Dyslexia Association mentions the impact dyslexia can have on other functions as well as literacy.

 

The BDA defines dyslexia as:

 

A combination of abilities and difficulties which affect the learning process in one or more of reading, spelling and writing. Accompanying weaknesses may be identified in areas of speed processing, short-term memory, sequencing, auditory and/or visual perception, spoken language and motor skills. It is particularly related to mastering and using written language, which may include alphabetic, numeric and musical notation.

 

 

 

In selection for a training contract, an individual with dyslexia is likely to encounter difficulty with tests of verbal reasoning, spelling and functional literacy. The law requires that accommodations are made for disabled people including those with dyslexia to ensure that selection procedures do not disadvantage them. The employer is concerned with eliciting accurate information on abilities to use in making decisions.

 

The standardised nature of these tests is one of the main contributors to their effectiveness and objectivity. Arbitrary modifications to the test or administration procedure are likely to invalidate the results and render standard norm groups and score interpretations meaningless.

 

A common modification for individuals with dyslexia is to adjust the timing of the test. However, the amount of extra time required will depend on the way the dyslexia manifests itself, its severity, the test(s) being used and their relationship to the job requirements. Only a relevant professional can determine what is appropriate.

Whether adjustments have been made to standard test procedures or not, careful administration can help ensure that individuals with dyslexia have a fair opportunity to demonstrate their skills.

 

As with many disabilities, stress may exacerbate the impact of dyslexia. Therefore, a calm and understanding approach on the part of the administrator is important.

People with dyslexia may have difficulty with test instructions. This can be due to reading difficulties, or to a difficulty with short term memory and/or sequencing which is common with dyslexia.

 


 

Useful contacts

 

The British Dyslexia Association

Contact details here

 

National Helpline
For all dyslexia related enquiries.

Tel: 0845 251 9002

Email: helpline@bdadyslexia.org.uk

Our Helpline, staffed by volunteers, is open from 10:00a.m. until 4:00p.m. Monday to Friday, and open late on Tuesday and Wednesday from 5:00 – 7:00p.m.

 

Specialist Teacher and Accreditation Enquiries

Tel: 0845 251 9003
Email: accreditation@bdadyslexia.org.uk

 

Office and Administrative Enquiries

Tel: 0845 251 9003

Fax: 0845 251 9005.

 

Postal Address:
Unit 8 Bracknell Beeches, Old Bracknell Lane, Bracknell, RG12 7BW.

 

Email

 

Equality and Human Rights Commission

 

Our Helpline

England: 0845 604 6610
Textphone: 0845 604 6620
Email: englandhelpline@equalityhumanrights.com

Scotland: 0845 604 5510 
Textphone: 0845 604 5520
Email: scotlandhelpline@equalityhumanrights.com

Wales: 0845 604 8810
Textphone: 0845 604 8820
Email: waleshelpline@equalityhumanrights.com

 


 

Visual impairments and the law

 

A person who is registered or certified blind or partially sighted is automatically regarded as disabled under the Disability Discrimination Act (1995). However, even without registration, it is likely that a person with significantly limited vision which is not easily corrected using glasses or contact lenses will be considered disabled under the provisions of the Act.

 

The DDA makes it unlawful for an employer to treat a disabled person less favourably than a non-disabled person and those who provide services must make them accessible to clients with disabilities. When tests are being used in connection with employment (e.g. in making selection decisions) employers have a duty to make reasonable adjustments so that disabled persons are not placed at a substantial disadvantage.

Disabled individuals have the right to expect the same quality of service, including accuracy of diagnostics and assessment as other users of the service.

 

About visual impairments

 

Visual impairment covers a wide range of conditions.

 

Even a person who is registered blind may have some residual vision, e.g. the ability to discern light from dark or even quite good acuity within a severely limited field of vision.

 

Partial sight also covers many different types of conditions. These can range from very blurred vision to loss of some areas of the field of vision. For some people the act of focusing can be difficult, this can mean that reading difficult, as it is necessary to constantly refocus on the next portion of text.

 

A visual impairment may occur alone or in combination with other conditions.

Some people are born with visual impairments or have lived with the disability for a long time and have been taught or developed their own strategies for coping with both the practical difficulties of living and dealing with information usually presented in text form. For those with more residual vision, texts are typically accessed using large print and/or various magnification and lighting aids. Aids can include powerful spectacle lenses, free-standing magnifiers placed on top of a text, often with an integral light source.

 

Impact on testing

 

Any task where materials are presented visually, whether on paper, computer screen or as objects to be manipulated, will cause difficulty for a visually impaired person. This will include the vast majority of psychometric tests.

 

In order to assess a person with a visual disability, it is likely to be necessary to

  • make adjustments to standardised test administration procedures, use alternate
  • forms of materials, or both. However, such changes to a test cannot be made without affecting its reliability and validity.

 

The standardised nature of psychometric tests is one of the main contributors to their effectiveness and objectivity, and arbitrary modifications to the test or administration procedure are likely to invalidate the results and render standard norm groups and score interpretations meaningless. Some test takers may want to bring along some special equipment or ask for specific lighting conditions.

 

Practical advice during the testing session

 

Whether adjustments have been made to standard test procedures or not, careful administration can help ensure that the test results for someone with a visual impairment remain valid.

 

  • A calm and understanding approach on the part of the administrator is important.
  • If test administration times are greatly extended consider whether breaks are needed to prevent you / the candidate from becoming overtired.
  • Make a note any adjustments made, or any other non-standard occurrences.
  • If further advice is required in interpreting the results, make sure you consultant the recruiter from your corporate law firm, who may wish to contact the test publisher or consult with a Chartered Psychologist with expertise in visual impairment.

 

In fact, as part of your preparation for doing these tests, you might find it fun to get used to reading stories of varied cultural material – test yourself at seeing how many correct inferences you can make from the subject matter given! The advantage of such material is that they are all written with high-quality, and peer-reviewed/edited for spelling, grammar, and general style.

 

Good luck!

 

 

 

 

You can be pro-business, without being pro-greed



What annoys me about some people is that they equate capitalism with greed. This is wrong. Businesses work in the context of the rest of Society, or at least that is the intention. It should never be a ‘them against us’ situation, as we are ‘all in it together’ – law, business and Society, to coin a phrase.

BPS guidelines should be observed for legal recruitment tests



 

Psychometric tests have become very significant in legal  recruitment. SHL verbal reasoning tests have become widely used in legal recruitment for corporate law firms for London. A lot of weight is given to their results in shortlisting (or not) good candidates for interview for vacation schemes and training contract applications. It is very important that such tests are used responsibly. The history of the development of these SHL tests by Roger Holdsworth and Peter Saville is interesting, and briefly given in Roger Holdsworth’s obituary in the Telegraph:

“Holdsworth became convinced that psychometric testing could be developed to assist companies in selecting suitable employees. In 1977 he got together with Peter Saville, whom he had met at the British Psychological Society, to found Saville and Holdsworth (later SHL), a business to develop and promote psychometric testing. Psychometric testing took off in the Second World War, when it was used extensively in the armed services to assess personnel, but by the 1960s, when Holdsworth began his career as a business psychologist, it had failed to catch on elsewhere. Most companies recruited staff on the basis of highly subjective interviews or through the “old boy network”. Not only did Holdsworth feel this was unfair, he knew it led to poor decisions. From its beginnings in a spare room, SHL expanded rapidly, profiting from growing demand for the tests from large firms seeking to identify their own “corporate culture” and recruit staff to fit that mould. Drawing on his aptitude for languages – he spoke 5 fluently – Holdsworth led SHL’s expansion into more than 30 countries.”

Psychological tests, by definition, have to test well-understood cognitive domains in a validated, repeatable, consistent, measurable way. ‘Legal Recruit’ tests are not specialised psychological tests, examining specific cognitive domains. They are, however, intended to allow practice for SHL tests which are widely used by corporate law firms.

Indeed, tbe British Psychological Society has a register of accreditated tests, which contains some SHL tests. According to their official website,

“Test Registration has been developed to inform and protect the public by the use of ‘quality marks’ on tests that meet the European Federation of Psychologists Association (EFPA) criteria to be classed as having adequate psychological properties. Tests can be registered if they meet minimum quality standards. The quality standards are set by the European Federation of Psychologists Associations and the tests are assessed against the standard through the review process.”

The British Psychological Society maintain standards for psychological testing: according to their website, “Psychological tests are used in all walks of life to assess ability, personality and behaviour. A test can be used as part of the selection process for job interviews, to assess children in schools, assess people with mental health issues or offenders in prisons. The British Psychological Society’s Psychological Testing Centre (PTC) is the first point of contact for anyone who uses, takes or develops tests.. “

I have a deep interest in cognitive neuropsychology, as my PhD from Cambridge and my post-doctoral fellowship from London were in this discipline (particularly the role of the frontal lobes in reasoning, planning and decision-making), As I am disabled with visual impairment, I will ensure that all tests offered by major test providers are designed, and actually implemented, by the major test firms, and it is the responsibility of corporate law firms to ensure that correct conduct of the actual test is actually implemented.

 

A test taker’s guide

The code of good practice in psychological testing

Draft Data Protection and Privacy Issues in Employment Related Settings

The BPS also draws attention to the disability issues, in keeping with the corporate law firms’ obligations with the Equality Act (2010):

Dyslexia and Occupational Testing

Visual Impairment and Psychological Testing.pdf

Psychometric Testing for people with a hearing impairment1.pdf

The BPS draw attention also to ‘good practice’ guidelines over computerised testing. ‘Legal Recruit’ will be adhering to these guidelines:

 International Guidelines on Computer-Based and Internet Delivered Tests

Using online assessment tools for recruitment.pdf

Guidelines on the Validity of Graphology in Personnel Assessment

Round my kitchen table – transcript of my @AlexAldridgeUK podcast with @kevinpoulter on disability (done by @legalacademia)



Transcribed by Gary Walters of www.StretLaw.com – Twitter: @legalacademia


transcript, (c) Gary Walters, 2011

I am hugely thankful to @legalacademia for producing this transcript of our podcast last Friday.

“Round my kitchen table podcast: having a face that fits” 08 September 2011

Chair:

Alex Aldridge (AA)

Guests: Head of BPP Law School’s Legal Awareness Society – Shibley (S)

Kevin Poulter, Employment lawyer at Bircham Dyson Bell (KP)

 

AA: Hello and welcome to this week’s edition of my round the kitchen table podcast, I’m Alex Aldridge, columnist from Guardian Law section and US correspondent of UK Legal blog ‘Above the Law’.

With me this week is Shibley (S) a law graduate who tweets at Legal Aware. Shibley has a doctorate from Cambridge University and is currently looking for a training contract.

Also we’ve got my regular guest Kevin Poulter an employment lawyer with corporate firm Bircham Dyson Bell.

Last week I wrote an article in the Guardian about lawyers with disabilities which was inspired by a conversation I had with Shibley who has a disability and so far Shibley has been unsuccessful in his hunt for a training contract.

Shibley, if you could tell us a little bit about that.

S: Yes, I have done around 50-60 application for a training contract, some have done more so I consider myself lucky.

AA: 50-60 applications?

S: In total, I have done around 10 this year because I’ve lost some interest.

AA: Just to recap, what stage exactly are you at of the qualification process?

S: Well, it’s complicated. Due to a 2 month coma at the end of 2007 – as a result of this I was wheelchair bound and did my GDL in March 2009.

AA: Where did you study those courses?

S: At BPP (Law school) then I switched to College of Law where I stuck doing my studies by Distance Learning. I graduated January this year with a commendation from the College of Law, once I have completed my MBA I’ve decided it is time to bite the bullet and do my training contract.

Transcribed by Gary Walters of www.StretLaw.com – Twitter: @legalacademiaAA: so tell us about those applications, how many interviews?

S: 2 interviews with Magic Circle firms, and they were very nice to me actually at the interviews.

AA: then you received rejections?

S: Yes! (laughter). I was glad to go (to the interviews) so at least I could explain where I was coming from

AA: But, what happened in those interviews? Where they wholly positive? Were there any negative elements at all?

S: Actually, they asked all the usual stuff, which I think they ask everyone now, to be honest. Questions about law, their firm, what interests in commercial law do you have, what have you done, what have you read in the news, but as long as your face fits, bingo! You’ve got your training contract.

KP: I was curious about how you got two interviews in Magic Circle firms I imagine is a long process, even getting to interview stage, so how are you affected? Are you affected anyway? By assessment days, by vocation schemes, by the test, by anything else that was put in front of you to get you to an interview? Because I know there are probably a lot of people out there who would really quite like an interview at a Magic Circle firm and they’re struggling as well. What have you had to go through?

S: Well, actually I have learnt this slowly but main thing is to tell them that you may need some special care, what they call ‘reasonable adjustments’. In other words you must liaise with them carefully, especially during psychometric test, or if you need print to be extra big like my case, you must tell them. Obviously they can’t make the necessary adjustments if they don’t know you have a problem. They did take it very seriously and there were no mistakes.

KP: But actually just in terms of getting those interviews…

AA: I suppose it doesn’t hurt the fact that you got a Ph.D. from Cambridge, they must like that. Are there any other tips? Because you’ve been quite successful in terms of getting interviews, two at magic circle firms, any tips?

S: Well I think the thing is not to think you can simply get the interviews. So you need to pay good attention to good careers service – they teach you some useful things. The firms’ websites do tell you how they expect you to act as well, which is also important.

AA: That’s interesting because when I was at law school, many years ago, there was a kind of arrogance amongst students towards the careers service – almost as if these people don’t know what they are talking about. You really value the advice you got from them?

S: Yes, also I take you back to this ‘face fits’ but actually understanding rejection is useful because it’s quite personal. Understanding rejection can be a good thing but also that you don’t fit their organisation’s culture is a good exercise.

AA: This face fitting thing – we had an interesting conversation offline. I wish we could have such an interesting one in front of the microphone, hopefully we can recreate that…but I think it is an important idea that your ‘face fits’ at a law firm.

KP: I think it is important because if you don’t fit in, then you won’t be happy there. And either you won’t be happy or the firm won’t be happy with you and ultimately you’ll end up going your separate ways. And I think that is why in many ways the process for applications, the training contracts is so laborious. Guess you got to get down from a thousand applications to ten training contracts. But, part of the process is getting to know you; the back schemes, at lot of it is the social time as much as it is time spent in the office. A lot of the back schemes spend time in the pub, karaoke, going out for lunches either as a group or in smaller groups.

AA: So basically you’re saying to get a training contract you’ve got to be a ‘certain’ type of person?

KP: No, I’m not. I think in certain firms there is an expectation, desire for you to be a certain type of person. You’ve already mentioned that in one of the Magic Circle firm interviews they wanted to know about your commercial awareness and the reasons why you wanted to become a commercial lawyer, it’s the same thing. Whether it is about being a personality in terms of your academic background, whether that be in terms of your interest in a particular subject area or particular sector. There’s no point in going for a job at a legal aid firm if you’re wanting to be doing higher level commercial transactions.

AA: OK, so put it this way, alright. Say you’re interested in high level commercial transactions and you’re massively intelligent, you hate karaoke, you hate going to the pub, you don’t really like hanging out with people, (laughter) well, not necessarily enjoy hanging out with people but you don’t enjoy hanging out with those other commercial lawyers, where do those people fit in corporate firms?

KP: I think, there’s (pauses) it’s difficult to say, the reality is people that do well are those that do well in the job but also they’re confident, they’re social around the office, they make the effort to get know people because that is ultimately where your work comes from. You have to be able to build up a community within the office, from my own experience anyway. This is what is important, relationship’s with your clients – if you have some sort of social problem then, depending on what sort of area you’re working in it may well be you’re not doing as well in the job as you could be doing. We talked again, offline, about Barristers (laughter) who are famously known for kind of working on their own. It can be a lonely job; they take instructions at the last minute they (Barristers) deal with paperwork whereas we (Solicitors) deal with people frequently and in fact a lot of academics are barristers and very rarely they transfer to become solicitors.

AA: When I worked briefly as a paralegal at a City law firm, I just didn’t fit in to that office culture, I find it hard to articulate now I think about it, it’s not that I don’t like people, I love people, but I just didn’t fit in to that ‘boyish’ culture, one of the lads, that’s never really been me. To put this to Shibley, you come from an academic background and you say that actually counts against you?

S: yes, definitely as you come across very academic and I’m proud to say I have a first class from Cambridge and my Ph.D. from there, I’m on my 8th degree. That does come across as an academic and can come across as a liability for them, in employment that is a concern.

AA: Why a liability?

S: Perhaps if you use mental shortcuts, someone who prefers working on his own, and is less easily employed…At Cambridge where I trained you really had to have very good social skills – what we call commercial intelligence so I think to label academics as poor communicators is not right as some are good, brilliant people. Also, the issue about socialising, some academics like socialising too and whilst I do not drink I’m happy to socialise, and I enjoy it and also to be fair the amount of socialising involved can be separated from the job.

KP: There’s a perception involved that having 8 degrees, your interest is purely academia. A perception that someone who has a disability noted on their training contract application that they will be more hard work, harder to deal with, it might be wrong, it might be unfair and similarly for me coming into the profession initially I came in with my training contract and it was only part way through my training contract that I came out (as being gay) as a result of that I accepted it, every knows, it’s fine there is no problem. Is it something you would put down on the form? No, because I don’t need any reasonable adjustments to make any difference as I could still do the job regardless, well, err, hopefully (laughter). But, the point is that it does come down to character and personality and it’s about perception. Your perception of the environment you’re going into as a lawyer, you’re applying for new jobs and have to do your homework to make sure that is a firm you will be happy in. (agreement in background) Equally, and quite rightly, the firm has to do its homework to make sure you fit in with its ethos, its ideology, its values and with everyone else that works there, because you have to get on with them. At least sufficiently to be able to have a working relationship.

AA: Sure, sure, just generally speaking, law firms in particular seem to be quite good places for gay people. They seemed to have made a good effort with their LGBT groups.

KP: Yeah, there are a lot of groups out there. It’s the same with lots of different diverse backgrounds, the black solicitors’ network does a fantastic job, it does it surveys I think annually now. The association of Muslim lawyers, Association of Disabled Solicitors, there are various others, and yet is it right they exist? I ask myself the same question when I got involved in establishing a gay employment network. Do we need a gay employment network? How far down the line do we go with this?

AA: Do you think we do?

KP: Well, obviously I do, otherwise I wouldn’t be involved with it (laughter). But I think it’s just giving people the opportunity to come to an environment where they’re comfortable but it’s also business opportunity and I think this is what is important. Yes, these things (groups) are set up to be supportive, yes they’re set up to be visible, but also it’s an excellent network for getting to know people, transferring of contacts, for getting work.

AA: There are of course, groups for disabled lawyers have you been in contact with any them?

S: Yes, lawyers with disabilities via the Law Society and I would like to pick up on a point made by Kevin regarding the social issue whether there should be groups or not, certain groups of society being ‘partitioned off’. I think it comes from Kevin in fact when he says that you can add value to your firm…how law firm brings value to society and commerce, is incredibly important to have a diverse background of lawyers within a firm for social value.

AA: We’re going to have to wrap this up, thanks to you both of you for joining me, and thanks for listening, and I’ll be back next week.

The final report of the Independent Commission on Banking from Sir John Vickers



Ahead of schedule, the final Report has just been published. This Final Report sets out the Commission’s recommendations on reforms to improve stability and competition in UK banking.  The context of this Final Report is striking, as set out in the conclusion of the Executive Summary. “The fact that the economy is currently weak is no reason to be distracted from this goal. It is strongly in the national economic interest to have much sounder banks than before. Postponement of reform would be a mistake, as would failure to provide certainty about its path.”

 

 

 

 

 

The Final Report commences thus:

The recommendations in this report aim to create a more stable and competitive basis for UK banking in the longer term. That means much more than greater resilience against future financial crises and removing risks from banks to the public finances. It also means a banking system that is effective and efficient at providing the basic banking services of safeguarding retail deposits, operating secure payments systems, efficiently channelling savings to productive investments, and managing financial risk. To those ends there should be vigorous competition among banks to deliver the services required by well-informed customers.

The international reform agenda – notably the Basel process and European Union (EU) initiatives – is running concurrently, but needs to be supported and enhanced by national measures, according to the Committee. Sir John Vickers and colleagues believe that mcro-prudential regulation by the new Financial Policy Committee should help curb aggregate financial volatility in the UK.

They comment specifically that improved supervision by the new Prudential Regulation Authority should avoid some shortcomings of regulation exposed by the recent crisis. The Commission’s view is that the right policy approach for UK banking stability requires both (i) greater capital and other loss-absorbing capacity; and (ii) structural reform.

The Committee notes that governments in the UK and elsewhere prevented banks from failing in 2008 because the alternative of allowing them to go bankrupt was regarded as intolerable. Under Basel III, banks will be required to have equity capital of at least 7% of risk-weighted assets by 2019, while risk weights have also been tightened.

The Committee believes that structural separation should make it easier and less costly to resolve banks that get into trouble.  They feel that one of the key benefits of separation is that it would make it easier for the authorities to require creditors of failing retail banks, failing wholesale/investment banks, or both, if necessary, to bear losses, instead of the taxpayer. Secondly they believe that structural separation should help insulate retail banking from external financial shocks, including by diminishing problems arising from globalisation in the banking sector. The Commission’s analysis of the costs and benefits of alternative structural reform options has concluded that the best policy approach is to require retail ring-fencing of UK banks, not total separation. They strikingly comment that:

The objective of such a ring-fence would be to isolate those banking activities where continuous provision of service is vital to the economy and to a bank’s customers. This would be in order to ensure, first, that such provision could not be threatened by activities that are incidental to it and, second, that such provision could be maintained in the event of the bank’s failure without government solvency support. This would require banks’ UK retail activities to be carried out in separate subsidiaries. The UK retail subsidiaries would be legally, economically and operationally separate from the rest of the banking groups to which they belonged. They would have distinct governance arrangements, and should have different cultures. The Commission believes that ring-fencing would achieve the principal stability benefits of full separation but at lower cost to the economy.

Governance

Since the development of the Combined Code in the City here in London, a huge amount of attention has been paid to effective corporate governance mechanisms such that the financial services industry and the general public can have complete faith in the banking sector. Effective ring-fencing also requires measures for independent governance to enforce the arm’s length relationship. The Commission’s view is that the board of the UK retail subsidiary should normally have a majority of independent directors, one of whom is the chair. For the sake of transparency, the Committee argues that subsidiary should make disclosures and reports as if it were an independently listed company.

The Final Report interestingly considers the effect of this structural reorganisation on corporate culture.

Though corporate culture cannot directly be regulated, the structural and governance arrangements proposed here should consolidate the foundations for long-term customer-oriented UK retail banking.

This tackles one fundamental issue in organisational change in management – that whilst you can radically alter the structure of a corporation, you may not be able to alter it fundamental make-up culturally, and its values and modus operandi continue as before. The combined effect of the Commission’s recommended reforms on structure and loss- absorbency can be explained in relation to the ‘too big to fail’ problem, i.e. that government is compelled to save big banks for fear of the consequences of not doing so.

UK competitiveness

The effect on the City as one of the leading global markets is discussed in great detail, unsurprisingly.

Vickers and colleagues do not wish to throw the baby out with the bathwater. They believe that these reforms, arguably the most substantial reforms in the banking industry in a lifetime, will ensure “the City’s international reputation as a place to do business.” UK competitiveness also features extremely prominently in the Commission’s remit, unsurprisingly. The Committee argue that recommendations in this Final Report will be positive for UK competitiveness overall by strengthening financial stability. The proportion of wholesale and investment banking activity in the City that would be directly affected by the proposed reforms would be relatively small, and the ability of UK banks to compete against foreign banks should be maintained by allowing, subject to important provisos, international regulatory standards to apply to their wholesale/investment banking activities. The proposed capital standards for ring-fenced banks, which have been calibrated partly with an eye to regulatory arbitrage possibilities, should not threaten competitiveness in retail banking either.

The consultation on the Interim Report has apparently indicated that a greatly improved switching system for personal and business current accounts could be introduced without undue cost. The Commission therefore recommends an early introduction of a redirection service for personal and SME current accounts which, among other things, transfers accounts within seven working days, provides seamless redirection for more than a year, and is free of risk and cost to customers. The threat of substitutes and barriers to entry have long been recognised by Prof Michael Porter from the Harvard Business School as being pivotal in analysing the competitive advantage of any entity in industry (although Porter’s original analysis emanated from American-based manufacturing industry.)

The relationship between competition and regulation

One of the reasons for long-standing problems of competition and consumer choice in banking and financial services more generally has been that competition has not been central to financial regulation. Sir John Vickers and his Committee for the first time considers this specific issue.

The current reform of the financial regulatory authorities, especially the creation of the FCA, presents an opportunity to change this, which in the Commission’s view should be seized. The issues of switching and transparency mentioned above are examples of where the FCA, with strong pro-competitive powers and duties, could make markets work much better for consumers. It could also do so by tackling barriers to the entry and growth of smaller banks.

The Interim Report also considered whether there was a case for the relevant authorities to refer any banking markets to the Competition Commission for independent investigation and possible use of its powers to implement remedies under competition law.

The final report instead conclude that such a reference is not recommended “before important current policy questions are resolved, but could well be called for depending how events turn out in the next few years.”

Conclusion

The final conclusion to the Executive Summary is extremely sobering: “Banks are at the heart of the financial system and hence of the market economy. The opportunity must be seized to establish a much more secure foundation for the UK banking system of the future.

Quotations are provided from the Executive Summary of the Final Report of the Independent Commission on Banking published at 0615 on 12 September 2011.

 

America Invents Act 2011 – a long way from Lincoln



The history of innovation in the US is formidable. Abraham Lincoln had an avid interest in cutting-edge technology. As an attorney, he represented railroads. During the Civil War, he frequented the telegraph office (which provided the instant-messaging of its day) for the latest news from the front, and was actively involved in directing troops. He encouraged weapons development and even tested some new rifles himself on the White House lawn. He is, in fact, the only US president to hold a patent (No. 6469, granted May 22, 1849). It was for a device to lift riverboats over shoals.

The US is very proud of its record on innovation, more than its history in innovation, some might say. In his 2011 State of the Union address, President Barack Obama, championing US innovation, research and development, called on Americans to “win the future“, This, he said, is “our generation’s Sputnik moment.”  The Senate approved a sweeping reform of the nation’s patent laws on Thursday, sending to Obama an Act that changes the system for determining priority for inventions at the patent office, and provides more financing for an agency beset by application backlogs and outdated computer systems.

State of the problems

It now takes, on average, two years to get a preliminary ruling on an application, and an additional year for final grant, according to the US patents office. The Internet age, furthermore, has created a surge in applications: in 1997, 2.25 patents were pending for every one issued, but by 2008 the rate had nearly tripled, to 6.6 patents pending for every one issued, according to patent office statistics. A backlog of about 700,000 applications is made worse by computer systems that are out of date, according to Gary F. Locke, the current US Scretary of Commerce.

The America Invents Act (formerly the Patent Reform Act of 2011)is the product of extensive consideration. For four Congresses, the US have worked on this. A principal justification for the impending changes to patent law is that they will promote technological progress in the United States (and thus create jobs).  It will possibly change America’s inventor-friendly patent system to favor whoever files for an application first. The House of Representatives passed their version of the Act on June 23, 2011 by a vote of 304-117. After rejecting proposed amendments to a bill approved by the House last June, the Senate voted 89 to 9 to pass the bill, completing an effort of at least six years to overhaul the patent office’s operations and the procedures by which patents can be challenged. The full text of the Act can be accessed here from JD Supra.

Some interesting key features of the new Act are as follow.

Changes to Novelty Rules

The shift to a first to file system is central to the America Invents Act.  This provision has the potential to encourage early disclosures of information by the inventor.  Although prima facie it appears to provide no more ability for inventors to engage in disclosures than the existing one-year statutory bar, under which an inventor was free to disclose whatever it wanted for the one-year period prior to filing, it perhaps may result in more disclosures than under the present structure.  A disclosure race may be encouraged. It is perhaps rather simpler to award patents to the first person that files an application, regardless of whether or not they are the original inventor.

The new Act arguably favours big corporations who can file patents as soon as they hear about a new invention. Several groups representing small businesses, entrepreneurs and early-stage investors have said that change puts small companies, which usually account for the bulk of new jobs, and individuals at a disadvantage to large companies that employ fleets of patent lawyers. Many large corporations — like General Electric, Caterpillar and IBM — supported the bill, which opponents suggested was evidence that the bill favors behemoths at the expense of the little guy.

Creation of a Prior User Defense

Even as the changes to the novelty rules seem to encourage early peripheral disclosures of technological information, at least for US-only inventors, the creation of a prior user defense pushes towards less disclosure. The types of inventions that the prior user defense most applies to are those with the capability of being protected through secrecy.  A prior user defense is less important for inventions whose workings are readily understandableM once they are placed on the market because these products already represent potentially invalidating prior art; thus, this type of defense is considered to have most relevance for non-self disclosing inventions, a category that includes many processes.

Elimination of Best Most Requirement

Section 15 of H.R. 1249 effectively eliminates the best mode requirement by amending the list of invalidity defense to exclude best mode  While the best mode requirement remains in 35. U.S.C. 112, and thus theoretically could be used by a patent examiner to reject an application, failure to disclose best mode may also not be a basis for holding a patent unenforceable any longer.

Post-grant review

The Act currently contains a provision for an eight-year period of postgrant review of patents already issued. The measure was specifically aimed at so-called business method patents, which provide protection for a unique method of performing a task. The measure was, in fact, heavily favoured by the banking industry, which has been beset by patent infringement suits over things like electronic imaging of paper checks.

 

 

 

 

A paradigm shift is needed by law firms in understanding disability



‘Diversity’ is such a broad-ranging term, so as to be completely unhelpful. Far from promoting individuality, it clumps together people who are gay, black, bisexual, disabled, but draws the line at being male or female. Critically defining diversity has some bearing on whether you wish diversity groups to be safely ringfenced; or whether all ‘diversity individuals’ should be represented at all levels of a corporate. Whether or not a partner, who has a diversity issue, has time to making diversity part of the corporate culture or not is a moot point, or whether she or he gets paid extra and keeps work for this to a minimum to prevent its negative impact on targets and billable earnings, etc.

Lessons can be learned from another area so beloved of corporate legal marketing and recruitment departments. A highly seminal article on the different subject of corporate social responsibility (CSR) emerged from Porter and Kramer in 2006 in the Harvard Business Review. At this time, Porter and Kramer made a limited entrance into the discussion of CSR and corporate strategy, by structuring their discussion around reputation, sustainability / ‘people, planet, profit’, license-to-operate, and a few other associated issues. It is probably the article which has appeared from Harvard in 2011 that makes the most enduring impression of how CSR should be approached. Porter and Kramer introduce the notion of ‘creating shared value’, emphasising that a previous drawback of previous approaches – including their one – is that the corporation has been pitted against society. Of course, if the purpose of the company in English law is to maximise shareholder dividend, the issue of whether shareholders and directors have an alternative belief-set to other stakeholders becomes enormously relevant.

A similar criticism in my view can be made of the way that law firms approach disability. I am deciding not to hide this under the general term ‘diversity’. Michael Porter talks about the competitive advantage of businesses adopting CSR, such that your business is better than the competition. A lazy marketing solution would be to plaster your promotional literature with pictures of lawyers in wheelchairs, and get your firm to sign up to the aspirational but unenforceable Law Society Diversity and Inclusion Charter; and to concentrate on the profitability of your law firm instead. A more imaginative solution, in keeping with Porter and Kramer (2011), would be to acknowledge disabled individuals like myself as valued members of society. Whether or not you believe in multiculturalism, it is easily possible that a law firm, including the Magic Circle, could set up innovative professional legal services solutions regarding disability and employment issues in the corporate work force; they could make money out of this, indeed, and become more profitable in the process. More radical than making up numbers of the number of disabled candidates invited for interview, even.

I allude to this discussion briefly in a podcast I did with Alex Aldridge and Kevin Poulter this evening.

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