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The LibDems' USP is, apparently, "a fair society and a strong economy". Their party name is a misnomer, but the USP is clearly fraudulent.
If you tell a big one, tell a big one!
One lie leads to another!
Choose your adage, and run with it. At two separate points, I thought of these sayings this weekend. The first time was when Nick Clegg was interviewed by Sophie Raworth about various issues, including the economy. Clegg wasted no time in criticising the previous Labour administration in the running of the economy. The second time was when I finally read the article in the Independent about David Laws writing the next Liberal Democrat manifesto of 2015.
David Laws and Nick Clegg believe that the the unique selling proposition (USP) of the Liberal Democrats is “a fair society and a strong economy”.
Let us take first the economy because of the famous saying, “It’s the economy stupid”. It is a fact that if you look at the actual figures Labour spending prior to the economy was in fact comparable to Ken Clarke and Norman Lamont. George Osborne went on record to say that he would match at least the spending plans of Labour, and possibly exceed them, in the last government. There was a £1tn bailout in the UK economy which all experts concede was due to the emergency measure of recapitalising the bank.
The argument for doing this massive bailout was to stop the banking system imploding. The argument runs something like follows: all banks are heavily in debt (leveraged), and therefore when one bank can’t repay its debts, the bank to which it owes its debts can’t then repay its debts, and so you then have a domino effect. Northern Rock and the collapse of Lehman Brothers, a failure of the international securitised mortgages, saw the beginning of this dangerous situation. George Osborne puts a lot of store on credit ratings, ignoring the fact that Lehman Brothers had the top rating the second before it went bust.
Also, the Liberal Democrats’ economic policy has shared ownership with the Conservatives’ economic policy. They state clearly that their raison d’être of being in a Coalition is to reduce the deficit, even though the deficit has been going up due to falling tax receipts and increased levels of welfare payments. This policy, which has been criticised now by Ed Balls and the Labour Party, the head of Goldman Sachs, Prof. Stiglitz and Blanchflower, Lord Skidelsky and the trade unions, amongst others, has spectacularly failed, and the Liberal Democrats should be reminded at all opportunities about the mess they created following May 2010. They had inherited economy which was in a fragile recovery, squandered it, and for them to claim they aspire for a ‘strong economy’ is a disgusting laughable claim.
For the Liberal Democrats to have an ounce of credibility in the “damage that Labour did to the economy” argument, they must answer that one. True libertarians, it is argued, might have followed an argument akin to “creative destruction”, and allowed the banks to fail as per Iceland, a country which George Osborne praised before the Iceland economy went bust. It is argued by true libertarians that the best way to ‘cure’ the system overall is to allow the failing banks to fail, otherwise you unnecessarily give the wrong people money, and you’re in effect rewarding failure.
The Liberal Democrats are entirely silent on this matter.
The second part of the USP is no less fraudulent. The enactment of the Legal Aid and Sentencing of Offenders Act has seen law centres going out of business on the high street. Such law firms are essential for basic access-to-justice across a range of social welfare issues, not least disability and other welfare benefits, unfair dismissals and other employment disputes, immigration and housing matters, for example. In another Act, which only obtained Royal Assent because of the Liberal Democrats, the massive increase in the rôle of the private sector in running outsourced services for the NHS has become law, already leading to the marketisation and fragmentation of services offered by the NHS. This is a massive attack on the notion that the NHS is comprehensive, and even has threatened some services being “free-at-the-point-of-use”.
Disabled citizens do not feel that the LibDems have created a “fair society”. The Welfare Reform Act was steamroller-ed through Parliament and the House of Lords by the Conservatives and the Liberal Democrats. The appeals over people deemed ‘fit-to-work’ continue, as do the stories of inappropriate decisions, successful appeals, and, tragically, suicides.
The LibDems’ USP is, apparently, “a fair society and a strong economy”. Their party name is a misnomer, but the USP is clearly fraudulent. It is sick, disgusting, and needs to be scrutinised carefully in the next election campaign.
The LibDems' USP is, apparently, "a fair society and a strong economy". Their party name is a misnomer, but the USP is clearly fraudulent.
If you tell a big one, tell a big one!
One lie leads to another!
Choose your adage, and run with it. At two separate points, I thought of these sayings this weekend. The first time was when Nick Clegg was interviewed by Sophie Raworth about various issues, including the economy. Clegg wasted no time in criticising the previous Labour administration in the running of the economy. The second time was when I finally read the article in the Independent about David Laws writing the next Liberal Democrat manifesto of 2015.
David Laws and Nick Clegg believe that the the unique selling proposition (USP) of the Liberal Democrats is “a fair society and a strong economy”.
Let us take first the economy because of the famous saying, “It’s the economy stupid”. It is a fact that if you look at the actual figures Labour spending prior to the economy was in fact comparable to Ken Clarke and Norman Lamont. George Osborne went on record to say that he would match at least the spending plans of Labour, and possibly exceed them, in the last government. There was a £1tn bailout in the UK economy which all experts concede was due to the emergency measure of recapitalising the bank.
The argument for doing this massive bailout was to stop the banking system imploding. The argument runs something like follows: all banks are heavily in debt (leveraged), and therefore when one bank can’t repay its debts, the bank to which it owes its debts can’t then repay its debts, and so you then have a domino effect. Northern Rock and the collapse of Lehman Brothers, a failure of the international securitised mortgages, saw the beginning of this dangerous situation. George Osborne puts a lot of store on credit ratings, ignoring the fact that Lehman Brothers had the top rating the second before it went bust.
Also, the Liberal Democrats’ economic policy has shared ownership with the Conservatives’ economic policy. They state clearly that their raison d’être of being in a Coalition is to reduce the deficit, even though the deficit has been going up due to falling tax receipts and increased levels of welfare payments. This policy, which has been criticised now by Ed Balls and the Labour Party, the head of Goldman Sachs, Prof. Stiglitz and Blanchflower, Lord Skidelsky and the trade unions, amongst others, has spectacularly failed, and the Liberal Democrats should be reminded at all opportunities about the mess they created following May 2010. They had inherited economy which was in a fragile recovery, squandered it, and for them to claim they aspire for a ‘strong economy’ is a disgusting laughable claim.
For the Liberal Democrats to have an ounce of credibility in the “damage that Labour did to the economy” argument, they must answer that one. True libertarians, it is argued, might have followed an argument akin to “creative destruction”, and allowed the banks to fail as per Iceland, a country which George Osborne praised before the Iceland economy went bust. It is argued by true libertarians that the best way to ‘cure’ the system overall is to allow the failing banks to fail, otherwise you unnecessarily give the wrong people money, and you’re in effect rewarding failure.
The Liberal Democrats are entirely silent on this matter.
The second part of the USP is no less fraudulent. The enactment of the Legal Aid and Sentencing of Offenders Act has seen law centres going out of business on the high street. Such law firms are essential for basic access-to-justice across a range of social welfare issues, not least disability and other welfare benefits, unfair dismissals and other employment disputes, immigration and housing matters, for example. In another Act, which only obtained Royal Assent because of the Liberal Democrats, the massive increase in the rôle of the private sector in running outsourced services for the NHS has become law, already leading to the marketisation and fragmentation of services offered by the NHS. This is a massive attack on the notion that the NHS is comprehensive, and even has threatened some services being “free-at-the-point-of-use”.
Disabled citizens do not feel that the LibDems have created a “fair society”. The Welfare Reform Act was steamroller-ed through Parliament and the House of Lords by the Conservatives and the Liberal Democrats. The appeals over people deemed ‘fit-to-work’ continue, as do the stories of inappropriate decisions, successful appeals, and, tragically, suicides.
The LibDems’ USP is, apparently, “a fair society and a strong economy”. Their party name is a misnomer, but the USP is clearly fraudulent. It is sick, disgusting, and needs to be scrutinised carefully in the next election campaign.
The 'One nation' of Ed Miliband is essentially about rebuilding the economy, rebuilding society and rebuilding politics
There are a number of overly-complicated accounts of what ‘One nation’, in its latest reincarnation, is about. One interpretation of ‘One nation’ is that it is literally that; scottish citizens can feel proud that ‘Team GB’ has won another Olympic medal, an example which Ed Miliband actually gave in his conference speech. The general consensus is that the speech was very well delivered, but lacking in firm policy. This is clearly unfair as a number of examples were given in that speech given last Tuesday, and Labour is currently undergoing a detailed, complicated, policy review, being led by Jon Cruddas. Describing the next steps in Labour’s policy review, Ed Miliband has said it would focus on three themes: rebuilding the economy, rebuilding society and rebuilding politics. Jon Cruddas has indeed previously provided that, “For me, politics is more about emotion than programme; more groups, community and association- imagined as well as real- rather than theoretical or scientific.” The significance of this is not to be underestimated, as the three planks of policy review, namely economics, society and political process, if executed correctly, would be more than sufficient to rebuild ‘One Nation Labour’. What is clear is that ‘One Nation Labour’ is not a slick re-branding exercise; it could provide a natural break from the neoclassical or neoliberal approach taken by New Labour, and it is clear that Ed Miliband wishes to make it a sustainable political ideology for the party which he leads.
The economy
Peter Kellner argues that Labour needs a new doctrine of equality.
Kellner argues that,
“If Britain is to remain a part of the global economy, in which trade and investment ignore national boundaries, it will struggle to fight the forces that are driving low incomes further down, and high incomes further up. Symbolically, we can and should clamp down on the worst excesses, such as bankers’ undeserved bonuses; and more could be done to banish poverty by, for example, raising the minimum wage and enforcing it properly. But these policies will make only a slight difference to the normal measure of income inequality, the Gini coefficient.”
There have been countless descriptions of why the deficit exploded in the global financial crisis of 2008/9. For example Nick Thornsby describes that,
“Whatever Ed Miliband’s claims, the Labour party clearly have to take a significant share of the responsibility. Firstly because the government was spending more that it was taking in before the recession, clearly putting the UK in an unusually bad position (by international standards) when the recession began. And secondly – and more significantly – because they assumed they had done away with the business cycle – they believed they had “abolished boom and bust” – when actually the truth was that Britain was living through an enormous boom, and consequently underwent an enormous bust in 2007.”
Peter Kellner has further argued that,
“Labour has less to worry about on that front (though other YouGov data suggest that the party is vulnerable to the charge that it is too soft on illegal immigrants and welfare claimants). On the other hand, it can’t shake off the charge that it messed up the economy when in office; but there’s not much it can do about that now. What Ed Miliband does need to do is persuade voters that he heads a competent team that is in touch with their own supporters, that Labour has learned from its failures in office, and that he, personally, has the backbone as well as strength of purpose to take the tough decisions that will enable it to govern Britain effectively.”
Ed Miliband has some economic priorities for this.
The Guardian noticeably gave its support for Ed Miliband in his approach to banking regulation. Ed Miliband does not feel that the Coalition has gone far enough in implementing the recommendations by Sir John Vickers, and interestingly the Guardian editorial uses an experience from across the Atlantic to support its argument:
“… , Congress has failed to put in place a coherent set of rules to offset the eye-watering amount of money the Obama administration pumped into the banks, leaving the US with much the same arrangements as before the Lehman Brothers crash. Banks, awash with cheap funds, lend to the same people under the same rules and pay the same bonuses to their executives. Senators Dodd and Frank, who put their name to the new banking regulations, have sadly found their legislation lobbied to death, increasing the danger of another crash in a few years. Miliband is right to say the same is happening in the UK.”
Sustainability is critically another key factor. In law, there is a duty of directors to promote short-term profitability, as judged by the shareholder dividend, and sometimes corporates can prioritise this above business ethics. For example, it is said that it was many years before RH Tawney defined socialism in terms of its objective of resistance to the market and its constraints to private profit. He had identified two approaches: ethical and economic. The ‘responsible capitalism’ narrative, firmly footed in the ‘strategy and society’ work of Prof Michael Porter from Harvard concerning how corporates can be good citizens like everyone else, was of course famously introduced by Miliband in his 2011 conference speech in Liverpool. There has always been disquiet about why corporate citizens should voluntarily wish to embrace good citizenship, but the recent LIBOR scandal has demonstrated how potentially the City could lose its competitive advantage by not being a safe place to do business.
I spoke to an expert in wealth management at a Fabian Society event last week and he echoed what a fellow panel member from Which? suggested – that corporates, including banks, could publish transparently hard data on its business activities, such that customers could make an informed choice as to whether to transact with them (this is otherwise known as the “differentiation” strategy). Miliband interestingly highlights that it could be possible to legislate for this: “You see businesses tell me that the pressure for the fast buck from City investors means they just can’t take the long view. They want to plan one year, two years, ten years ahead but they have to publish their accounts in Britain every 3 months. In line with the wishes of the best of British business, we will end that rule so companies in Britain can take the long term productive view for our country.” Also notably, Ed Miliband has also started a debate about immigration within Europe, and the effect particularly that the behaviour of some some multinational companies and recruitment firms in employing workers with poor standards, for example: “So the next Labour government will crack down on employers who don’t pay the minimum wage. We will stop recruitment agencies just saying they are only going to hire people from overseas. And we will end the shady practices, in the construction industry and elsewhere, of gang-masters. So we need a system of immigration that works for the whole country and not just for some.”
The society
Welfare for many in Labour will be of concern; disabled citizens are irritated that their living allowances have been mixed up with the “lazy benefit scrounger” rhetoric, particularly as disability living allowance is not an employment allowance. Many have felt indeed that welfare might be the next “big” issue, closely after the NHS and the economy, particularly after the handling of work capability assessments by ATOS.
The NHS is often cited as a “national treasure”, but certainly an institution which is well cherished amongst the vast majority of members of the British Public. In relation to this, it is indeed interesting that Jon Cruddas, when talking about institutions in general, says, “… socialism is about the creation of institutions that allow us to self realise, to flourish. Vaclav Havel once said that we ‘ are capable of love, friendship, solidarity, sympathy and tolerance…:we must set these fundamental dimensions of our humanity free from their ‘private’ exile and accept them as the only genuine point of meaningful human community’.” It is indeed particularly noteworthy that Ed Miliband wishes to repeal the Health and Social Care Act (2012), and to eliminate competition from the NHS. While it appears that Ed Miliband will keep NHS Foundation Trusts and commissioning in some form (possibly through retention of the clinical commissioning groups and the NHS Commissioning Board), Miliband appears to signalling that activities in the NHS will not be caught by the competitive legal definition of the word “undertaking” in domestic and European law, and Labour will return to a NHS built on traditional values as provided in the speech: “Not values of markets, money and exchange but values of compassion, care and co-operation.” This is fundamental, as it appears that Miliband and Burnham would be prepared to legislate for the NHS, asking existing structures to do different things, to avoid another costly reorganisation of the NHS which could potentially cost billions, at a time when England is struggling to meet the efficiency demands of the Nicholson challenge anyway.
Ed Miliband admits that the focus on universities was incorrect, in that 50% of individuals were failed by an academic drive which put little value in vocational qualifications. Andrew Adonis in “Education, Education, Education” has certainly started the ball rolling, and the growth of a skills-based economy (and indeed the Technical E-Bacc which Adonis himself is an architect of), and the idea that the private sector would have a psychological and social contract with the state is indeed a concrete policy proposal. Labour latterly has tried not to use the term “industrial policy” of late, but the issue that Ed Miliband does not see a distinction between private and public sector is a useful one in framing the future policy. No vested interest will be overly powerful in Miliband’s one nation; whilst Ed Miliband explicitly refers to bankers (and he has said that he will work closely with anyone wishing to introduce a ‘mansion tax’), Miliband is mindful that members of the Unions only constitute 40% of Labour’s funding, and that Conference last year agreed to implement a different means of electing its Leader. Miliband will be fully aware, however, that many members of the public do not feel that the pay of the “super-rich” is fair, and indeed this is a concern shared by the Chartered Institute of Management Consultants for both private and public sector. A criticism of the ‘One Nation’ speech is that it is something which potentially could be attractive to workers, if there were an emphasis on building affiliations of working class individuals in communities consistent with Maurice Glasman’s goal for Blue Labour, but New Labour and Progress (amongst others) will be keen to ensure that ‘One Nation Labour’ is also attractive to floating voters who might otherwise not vote for Labour. A number of Union leaders broadly welcomed the speech, ranging from full-on acceptance to caution saying that it was lacking in policy. While Vernon Bogdanor in the New Statesman in an article entitled “Half echoes of the past” this week has warned that Labour should perhaps be keen to keep a safe distance from Blue Labour, it is likely that Jon Cruddas will not wish to see any watering down of socialism and working class values in the policy review, whatever the recent history of the Labour Party.
The political process.
There is of course a concern that ‘for one nation’ to succeed, it has to do so on a number of levels. Harriet Harman in Progress Online described it as, ” With the Tories’ collapse in Scotland, Wales and much of the north, and Labour making progress again in the south, we are now the only ‘one-nation party’.” This is reflected in Ed Miliband’s observation that, “So we must be a One Nation party to become a One Nation government, to build a One Nation Britain. “Currently, in the three southern regions, where Labour have 24 target seats, Labour have only 10 Labour MPs and far fewer councillors. Here, the Fabian policy document, “Southern discomfort again” might provide some useful clues in particular about how Labour might form new connections with potential voters:
“Any party seeking to recover from electoral defeat has to develop a coherent analysis of why it lost, and what ought to be done to put it right. For a decade after New Labour’s 1997 election triumph, the Conservative Party refused to listen to voters and, as a consequence, suffered its worst sequence of election defeats since 1832. In the 1950s and the 1980s Labour made a similar mistake which condemned it to long periods out of power. If the party is to escape the impotence of opposition, it will need to shape a political strategy that will enable it to win next time.”
The critical aspect about all of this, thankfully, is that Labour has got time on its side. There is no point in Labour publishing its policies way in advance of 2015, particularly since the economic performance of the UK is declining by the second (as illustrated in the latest Labour initiative, “the borrowing counter”). Labour has said it regrettably that it would not be able to reverse many of the cuts, such as the closure of the law centres, or certain NHS institutions being abolished (e.g. PCTs or SHAs), but the approach taken by Ed Miliband indeed is a practical one for the time-being. Ed Miliband’s leadership is now a curious mixture of ‘charismatic leadership’ and ‘crisis leadership'; ‘charismatic’ in that Ed Miliband pulled off a performance which meant that people have not written him off, and seem prepared to give him and Labour a chance, despite Labour’s potential mistakes, because the Coalition’s performance has been so poor. If a week is a long time in politics, two to three years constitute an ever longer period.
Should Labour play the ball not the man?
“Play the ball not the man” – we can be bold enough to make a stand and do battle for our views and beliefs. But we must strive to be mature enough not to resort to unnecessary personal attacks upon people with opposing views. The “ball” is our personal view and the “man” is someone with the opposing view. The phrase derives from the world of soccer.
The starting point is unfortunately how the Conservatives have approached the matter. The UK economy is now an outright disaster, entirely thanks to George Osborne enabled by the Liberal Democrats. At a personal branding level, Osborne would like to be viewed as a great strategician within this party, but actually there is no strategy in any orthodox meaning of the term using by business, finance and management, let alone politics. Osborne is a tactician, and even then it is firefighting partly as a result of self-inflicted errors. One is unable to call somebody a great tactician who has made a million U-turns, like following the recent Budget.
George Osborne has personally attacked Ed Balls, because he would like to put the image of Balls and Brown as aggressive mobile phone chuckers playing havoc with the economy. The Tories do not produce a narrative on how money was spent as an emergency measure to save the banks, and nor do they wish to tell the truth to the public, in the same way they lie about how we ought to go bankrupt like Greece. Osborne would like to make mendacious, highly vindictive, personalised, extremely nasty smears rather than engage with Balls about why Balls was right. The chain of events is as follows: put VAT up so that consumer spending is decreased, pull investment in the construction industry by stopping projects such as ‘Building Schools for the Future’, create a high level of unemployment as a price well worth paying, receive fewer tax receipts, and spend a high level of benefit; whilst giving your mates a tax cut, and taking people silently off the register for their disabled benefits, leading to a record number of appeals in tribunals.
They are aided and abetted in this immoral activity by the BBC in this. The BBC provides inaccurate, highly biased and imbalanced reports, completely contrary to their own editorial guidelines. They on a regular basis confuse real news with entertainment, and prefer to report on their own reporters than the real issues facing this country. Therefore, Labour has a very limited means of getting its message across, arguably apart from the new media. Whilst some excellent blogs exist, not everyone (particularly the elderly) have access to the internet, so still remain disenfranchised by politics. Whilst it does not matter that politicians effectively spin things with very little evidence, as indeed Lord Lamont conceded regarding George Osborne’s direct accusation that Ed Balls was directly involved in corrupt activity, they can continue to argue that people are ‘apathetic’ about politics. People are not apathetic about politics, in that they cannot wait to see the Liberal Democrats obliterated on May 8th 2015. David Cameron is hated by much of his party, and whilst one term governments are extremely rate this government is most unusually incompetent.
A further problem is that many people are now warming to Gromit. This means that people prefer to listen to Miliband over a judicial inquiry for banking, Murdoch and the NHS, than listen to the corporate-funded Conservative Party which would rather hire-and-fire people without notice and seem to have become senior members alleged of very serious crimes. So Labour is forced to get personal, because they have such little scope to explain the arguments. And whilst Maurice Glasman produces incoherent rants about intellectual issues which nobody can understand, and Stephen Twigg appears to wish to consign members of society to ‘military schools’ , you can understand why voters feel frustrated.
Our BPP student society strategy for the summer of 2012
Our new brochure is here.
It contains essential information about the BPP Legal Awareness Society, a popular student society at BPP, which discusses how corporates make strategic decisions in the context of law and regulation.
We will be sending out hard copies of the brochure, with an invitation to take part in a survey, to leading Corporate law firms at the end of June 2012. Through this, we hope to develop mutually agreed terms with firms as to how we can promote an understanding of business in legal education through our Society. We then hope to engage with such firms on this mutual basis. We will also continue to promote heavily the importance of community investment and pro bono projects in the law profession.
We have recently decided to appoint Zerbakht also to the role of Vice-President, a role which he will be sharing with Gizem until September 2012.
The LibDems need to go further right for political harmony to be restored
It is a long way until the General Election in 2015, but this election will be pivotal in determining the future landscape of Britain.
Parties tend to win a multiple number of elections, and it is rare for oppositions to have only a single term. However, the circumstances in which David Cameron did not win a working majority, despite having all the media on his side or Nick Clegg’s side, are exceptional.
Despite this background of David Cameron having failed to win the 2010 election, the Conservatives are likely to have been successful in obtaining Royal Assent for “reforms” of the NHS, legal aid, and welfare, made only possible through the support of the Liberal Democrats.
The facts speak for themselves. The only way for the Liberal Democrats to avoid political oblivion in 2015 is to lurch further to the right, as they have no hope of regaining left-wing voters which have left them in droves. This is their best bet for winning seats in the 2015 General Election, particularly if they are mainly competing against Conservatives in some seats. David Cameron’s best reaction would be to move his party to the right, but history provides that he is reluctant to do this.
Labour, in refinding its roots, can easily win against the Liberal Democrats in Lib-Dem/Labour marginals, and can put forward a convincing agenda for the UK against the unpopular NHS reforms, legal aid reforms, welfare reforms, inter alia. The economy will be nowhere normal in 2015, as due to the lack of investment in growth by the current Coalition, the deficit will not be paid off until 2017 at the very earliest. With some Conservative voters going to the Liberal Democrat party, Labour’s chances of gaining a majority get very much easier.
Therefore, an initial instinct amongst some Labour voters for the Liberal Democrats to be ‘demolished’ in 2015 as punishment for supporting the Tories may in fact be wrong. Labour maybe should be actively encouraging the Liberal Democrat Party to move further to the right, for their sake too.
What is 'commercial awareness'? A student's perspective
What is ‘commercial awareness‘? Nearly all law firms call this ‘commercial awareness’ in recruitment (it’s on their website); Freshfields call it ‘commercial insight’ with a semantic difference that is important to them.
My understanding of commercial awareness has evolved somewhat with time. A very nice follower on my new thread @tc_applications wondered if one could put my BPP Legal Awareness Society as a legal tweep to follow. I was of course honoured, but the answer is clearly ‘no’ as I doubt any legal recruiters have heard of our student society at BPP, the BPP Legal Awareness Society, although we’ve had a year’s worth of successful activities promoting the importance of regulation to corporate strategy. Besides, there are far more authoritative threads to follow, such as @GdnLaw or @EU_Commission. That’s from the perspective of a legal recruiter, mind you. I cover a lot of social justice, corporate and legal issues on my @legalaware thread.
So what about that dreaded question? Can you bottle ‘commercial awareness’, similar to ‘Eau de Commercial Awarenesss’. In a sense, yes, you can give somebody the tools to be commercial aware, but, given that I am physically disabled, I will never in my lifetime be able to beat Yusain Bolt in the 100m. Like other aspects of business life, you can run courses and workshops in subjects such as marketing, corporate finance, leadership, and even corporate awareness itself.
My framework for understanding ‘commercial awarneness’ has changed over time. To begin with, it was very much ‘being seen’ to attend events, to demonstrate commercial awareness. However, it’s clearly more than that. I don’t even think it’s to do with the huge amount of international commercial law I learnt in my LLM at the College of Law, or business management I learnt in my MBA this year. We covered all ‘the usual suspects’ ranging from leadership to international capital markets and loans.
Asking a future corporate trainee about commercial awareness in a sense is like asking a future junior doctor, who’ll be doing 5 billion phlebotomy sessions in their time, whether they like the actual subject of medicine before subjecting them to an on-call covering the Bank Holiday weekend. Or maybe it’s similar to asking a future cardiology registrar to write 200 words on their awareness of the physiology of the heart and cardiovascular system.
For me, I have learnt most about corporate law life, without any of the mundane aspects of doing the job for real, by keeping my ears close to the news. I understand the vocabulary of law and business from my degrees, but it’s very different to doing the job.
For example, I set up a website this year, ‘Legal Recruit‘, to help individuals tackle their online training contract assessments. This has been very successful, as I’ve had to consider carefully issues about pricing, quality, marketing, e-commerce, budgeting, and operations management. I have had to understand also intellectual property in delivering this, in particular being meticulous about the fact that I should not infringe intellectual property, and also I have considered carefully the branding issues, in making it extremely clear that it is an independent venture from students in my student society, and nothing to do with BPP. It has therefore be a minefield, but this is real life. I have gone through the motions of incorporating my own private limited company with Companies House, and therefore the Business Legal Practice course will mean something to me when I start it at BPP next week (as part of the Legal Practice Course).
So can you learn it from a book? Probably not. It’s for legal recruiters to mark it using whatever ‘matrix’ they wish. I feel it is about living a life that understands ‘competitive advantage’ for corporates. I believe that understanding, anticipating and implementing law and regulation all contribute to giving a corporate competitive advantage. Take for example the fact that BPP has a Business School, but the College of Law doesn’t (and to build one overnight would be impossible). This has implications for how they can organise commercial awareness curriculums (sic) in their law courses. I am currently doing the LPC, and I’ve been struck how little commercial awareness my student colleagues appear to have, simply in terms of knowing what’s going on in the business world around them.
Commercial awareness application form question: marketing strategy for an international corporate law firm office
Imagine that as part of its strategy to become a law firm of truly international reach [name of a well-known international corporate law firm] are opening a new European office. Rank in order of importance which of the following factors would be most important when marketing this new office to clients?
1 = most important; 10 = least important
Ambition of the law firm
Fee charges
Knowledge of the client’s market
Legal expertise
Level of client service
Location of offices
Internal working relationships
Range of expertise available
Reputation of the firm
Size of the firm
To enter your answer: please use the following link.
Please feel to comment below as well.
Vince's speech at the LibDem conference: Many themes should be a top priority for us too
Vince’s speech, unlike the misreporting of it mainly from the BBC who patently didn’t understand the business or legal issues involved, made for very interesting reading for me as a Labour member with an interest in both business and commercial law. I would like to discuss various intriguing aspects of it for me.
But to hold our own we need to maintain our party’s identity and our authentic voice.
This is now being an increasingly difficult problem for the Liberal Democrats. There has to be by necessity an alignment of the beliefs and values of the leadership of the Party and its grassroot members. It was interesting to eavesdrop on the discussion that the Party had earlier this week on brand strategy, as it was clear from the floor that there is much confusion about the brand identity and brand equity of the members of the Party. Of course, the position on the rate of cuts which ultimately emerged from Vince Cable and Nick Clegg remains for many quite unfathomable, and certain issues are pretty straightforward by the Liberal Democrats, for example strong Liberal (anti-statist) values in civil liberties. However, certain grey areas see problems for the leadership and activists alike; for example, free schools is an incredibly perplexing area for the Liberal Democrats to embrace in a way so enthusiastically as Michael Gove’s fervour.
We will fight the next general elections as an independent force with our options open. Just like 2010. But coalition is the future of politics. It is good for government and good for Britain. We must make sure it is good for the Lib Dems as well.
Yes, indeed. It is now ‘do-or-die’ for the Liberal Democrats. There won’t be an end of ‘boom-and-bust’ in this context, unfortunately, because if the Liberal Democrats get the economic recovery and cuts wrong, even if the recession ends, they will be unelectable for a decade. However, it is argued that if the Liberal Democrats make a success of their new Coalition policy, the Coalition politics of pluralism could become accepted.
There was, of course, a global financial crisis. But our Labour predecessors left Britain exceptionally vulnerable and damaged: more personal debt than any other major economy; a dangerously inflated property bubble; and a bloated banking sector behaving as masters, not the servants of the people. Their economic model combined the financial lunacies of Ireland and Iceland. They built a house on sand and thought that they were ushering in a new, progressive work of architecture. It has collapsed. They lacked foresight; now they even lack hindsight.
If Cable feels Labour is in denial over the deficit, undeniably he has been slow to come to the conclusion that the crisis was global. I remember him pontificating in the Commons about how it was an academic philosophical issue of where the financial crisis came from, but it was necessary to find a solution for it. Vince Cable’s lack of acceptance that this was a global crisis historically speaks volumes.
We know that if elected Labour planned to raise VAT. They attack this government’s cuts but say not a peep about the £23bn of fiscal tightening Alistair Darling had already introduced. They planned to chop my department’s budget by 20 to 25%, but now they oppose every cut, ranting with synthetic rage, and refuse, point blank, to set out their alternatives. They demand a plan B but don’t have a plan A. The only tough choice they will face is which Miliband.
This statement is totally ridiculous. If Vince Cable is so self-effacing, can he not at least give a suitable explanation for this poster?
But I am not seeking retribution. We have a pressing practical problem: the lack of capital for sound, non property, business. Many firms say they are already being crippled by banks’ charges and restrictions.
This is undoubtedly a sensible line of attack for Vince and George to pursue, as it encompasses the Liberal
Democrats’ values of fairness, and Labour’s lack of engaging with the public about how the bankers, who had largely caused this crisis, were not been punished for their recklessness. If anything, it is perceived that Labour pumped lots of taxpayers’ money in it, whilst the leading CEOs in the investment banks received knighthoods and huge bonuses. Labour’s fundamental error, if there is to be one single one amongst the plethora, is the unforgiveable increase in the rich-poor divide, which will forever be a legacy of Labour. It began in earnest with Thatcher, progressed with Blair, and compounded through Gordon Brown’s long stint as Chancellor. This should be a top priority for Labour too.
And the principle of responsible ownership should apply across the business world. We need successful business. But let me be quite clear. The Government’s agenda is not one of laissez-faire. Markets are often irrational or rigged. So I am shining a harsh light into the murky world of corporate behaviour. Why should good companies be destroyed by short term investors looking for a speculative killing, while their accomplices in the City make fat fees? Why do directors sometimes forget their wider duties when a cheque is waved before them?
This is an incredibly important paragraph in my opinion, as short-termism has been identified by many academics in leadership, including William George at the Harvard Business School, as a major cause of irresponsible leadership in business. This, together with failures in corporate governance and corporate social responsibility in a post-Enron age, remain admirable targets for Vince’s wrath. This should be a top priority for Labour too.
??But the big long term question is: how does the country earn a living in future? Natural resources? The oil money was squandered. Metal bashing? Mostly gone to Asia. Banking? Been there, done that. What is left? Actually quite a lot. People. Skilled and educated people. High tech manufacturing of which we already have a great deal. Creative industries, IT and science based industries and professional services. In my job I meet many outstanding, world class, British based companies. But we need more companies and more jobs in the companies we have. It is my job as Business Secretary to support business growth. And this knowledge based economy requires more high quality people from FE, HE and vocational training. Here, we have a problem. Businesses cannot grow because of a shortage of trained workers while our schools churn out young people regarded by companies as virtually unemployable. The pool of unemployed graduates is growing while there is a chronic shortage of science graduates and especially engineers. There has to be a revolution in post 16 education and training. We are making a start. Despite cuts, my department is funding 50,000 extra high level apprenticeships this year – vital for a manufacturing revival. My Conservative colleague David Willetts and I want to sweep away the artificial barriers between universities and FE; between academic and vocational; between full time, part time and continuing life long learning; between the academic and vocational.
The ‘Yeah, but’ is that Vince Cable is making savage cuts in universities such as Cambridge, currently top in the world, at a time when we should be investing in basic research, translationary research and applied research, with a view to investing in our country’s future. This should be a top priority for Labour too.