December 20, 2022
It is a pleasant, sunny morning. My coffee is frothing nicely, the delectable aroma wafting gently about my bedroom. I have just donned my favourite pair of beach Bermudas, in striking blue emblazoned with little yellow pina coladas. I draw the curtains wide to let in the bright sunshine and grab a bag of potato chips on my way across the room. Unfortunately, I am not heading off for a nice swim or frisbee in the park. Instead, it is a Monday, and I settle at my desk to log on for a meeting with my international counterparts.  This is 2022, and the world has been upended by more than two years of a global pandemic. Many of our offices have gone from comprising system furniture parked in long rows in a nondescript high-rise commercial building, to comfortable gaming chairs and ergonomic tables nestled in our bedrooms or study rooms. Our colleagues no longer lean over the cubicle partitions with coffee cups in hand, sharing their latest run-in with the HR department, but now stare at us emotionlessly out of little digital pigeonholes on our monitor screen, their silhouettes morphing oddly with every twitch or shake of the head. “Let’s meet at the lobby for lunch” has vanished from our vernacular, replaced by “I think your mic is muted”.   Against the backdrop of all this, a genuine question arises – when the pandemic is fully behind us, will people return to in-person meetings and dispute resolution hearings? Or will the comfort of our homes and the inertia of not needing to wear proper trousers prove decisive in shaping the...
December 20, 2022
Simmons & Simmons Adaptive introduces us to their Alternative Legal Service Offering in Hong Kong Simmons & Simmons is one of the latest law firms to establish an alternative legal service offering in Hong Kong – Simmons & Simmons Adaptive. Their flexible resourcing model aims to connect the best lawyers and business professionals with best-fit client assignments. We sat down with Sarah Thompson (Partner and Global Head of Adaptive), Victoria Moore (Hong Kong Resourcing Manager) and Jonathan Hammond (Partner and Head of Asia) to discuss. What prompted the move to HK? Sarah: Adaptive launched in the UK in 2014 and our reason for the initial launch is no different to our reason for setting up in Hong Kong (and why we’re looking at other jurisdictions as well) – our clients struggle with resourcing and increasingly look to their partner law firms to offer a solution. Simmons & Simmons, as a law firm, no longer just does law. We are expected to be a business partner and to solve many more things for our clients. Adaptive was the brainchild of Jonathan. We had been seeing our clients become leaner, needing to do more with less, and having more project work. You need only to look at the regulatory space and the sheer number of projects over the last five years to really understand that cry for help: “We need quality resources!” We have that same issue in our own firm – how do we access the right people, where and when we need them?  At the same time, we were recognizing that talent was changing. How people want to work,...
December 20, 2022
Whilst we all appreciate the importance of a productive and creative mindset, it can be challenging to resist the urge to default to old habits or conservative thinking in uncertain times. As we face questions about the global economy and consider the impact of major market disruptors, we wanted to look at how one can remain agile, effective and even opportunistic, both individually and as a team.  Stephanie Szeto, Head of Asia for Peerpoint, Allen & Overy’s flexible resourcing business, spoke to Sarah Millson, a senior learning and development consultant with Actualize Hong Kong, and Stacy Lopez, a certified professional career and transition coach and member of Peerpoint’s consultant management team, about some of these themes. “The fight or flight part of the brain sometimes sees change as a perceived danger and we often pull from previous experiences when reacting in response to it.” Stephanie: Change in the face of uncertainty can cause people and organizations to react with conservatism, caution and even anxiety. How do we develop an open and opportunistic mindset in the face of change? Stacy: My career has taken a number of different turns and something that I have learned, and which was a real game-changer for me, is that “Everything is an opportunity”. When we are faced with change and discomfort, that is in fact how we grow. So, ask what the potential opportunity is, what are you meant to learn and how are you going to grow and move forward?  The fight or flight part of the brain sometimes sees change as a perceived danger and we often pull from previous experiences when...
December 20, 2022
As humans, we are thought to be cognitively hardwired to resist change. As lawyers, this predisposition has been reinforced through years of adhering to precedent and defending the status quo – lending the profession a reputation of conservatism.  Shogo Osaka, Managing Director, Legal at FedEx Express North Pacific region, recognizes this characteristic of the occupation, but is optimistic about its potential for development. “We are too busy with traditional legal work to spare time for learning and practicing technology which has yet to be valued as our profession’s core competency,” he said. “But given our profession’s strong logical thinking skills, I believe lawyers are capable enough to catch up with technology if so motivated.” Daniel Walker, Chief Commercial Officer of Zegal, an ‘end-to-end platform for the legals smaller companies need’, shares similar sentiments. “From my view,” he said, “it’s not that lawyers are against technology, it’s simply that they are very focused on the law and anything outside of that is less important. Legal tech has highlighted the inefficiencies of the traditional law firm structure and now clients are asking for a more efficient, less expensive structure.” Pandemic Shake-Up While technological innovation may have received a cool embrace by the sector pre-pandemic, COVID-19 has forced a shake-up within the legal profession.  Change became our constant as we moved to lockdowns and working from home. Courts were disrupted and the business travel we loved to hate was cancelled (although see this issue’s article by Ban Jiun Ean of Maxwell Chambers on why it may yet come back strong). Up sprang both new solutions and those which had quietly been sitting...
December 15, 2022
Cultivating purpose-driven values in-house to better serve clients and communities 1. WHAT GENERAL TRENDS ARE YOU SEEING EMERGE IN THE WORK OF ACCENTURE AND YOUR LEGAL TEAM ACROSS GROWTH MARKETS, OR BELIEVE WILL IN THE NEAR FUTURE? Every business is a digital business, with technology changing how we live, work and build relationships; it is a powerful enabler. The pandemic accelerated this change, including how we provide legal services. With a team of around 3,000 people worldwide, Accenture Legal is one of the biggest in-house legal teams globally – this means we have both the capacity and imperative to lead the change in the legal industry. One area we have focused on that I see being a key area of impact for the wider industry is the use of Artificial Intelligence to gain insights from millions of contracts and chatbots to create a seamless user experience. “Every business is a digital business, with technology changing how we live, work and build relationships; it is a powerful enabler.” This approach, as well as the use of big data for compliance and smart, customized dashboards to facilitate strategic reviews, allows our people to be at their best, focus on the right priorities and decrease repetitive work. 2. CAN YOU TELL US ABOUT THE CULTURE AND VALUES OF ACCENTURE AND HOW THESE MAY BE BOTH SHAPED BY AND SHAPE THE COUNTRIES IN WHICH YOU WORK? The team is helping to build a diverse pipeline and increase representation by establishing a legal internship program for female nationals of the United Arab Emirates and Saudi Arabia. One of our Saudi legal interns subsequently secured an...
November 28, 2022
A Look at the psychological benefits of arbitration and the status of arbitration in Thailand There are often many reasons cited as to why international arbitration should be the preferred method of dispute resolution for parties: it can be quicker, cheaper, the process is private, the award is final, and the parties have more autonomy over the process. Whilst some of these factors are debatable (especially in highly complex commercial cases), the fact that parties to an arbitration can have more autonomy than in traditional court litigation is usually less controversial. Party autonomy in arbitration is often a significant factor that persuades contractual parties to consider arbitration over other methods of dispute resolution. This is not surprising, as the need to have control and certainty is an innate human desire that often brings us security and peace. Our need for control and certainty There is no doubt that Covid has had a detrimental effect on the economy and many businesses. Most people would also agree that it has taken a significant toll on people’s mental health. Social distancing forced people to keep a distance and lose close contact with friends and colleagues. For some people, it meant a loss of social contact and socialising all together, due to fear of catching the virus if they stepped out of the safety of their homes. Lockdowns and school closures meant that more families were stuck at home, glued to their computers for work or online school and having to navigate the lack of privacy and personal space in their own homes. For working parents, the stress of juggling work from home, not...