CM Murray Podcast

The endurance of the partnership model as the structure of choice for professional practices is frequently credited to the idea that partnerships engender and promote a collegiate and collaborative culture, with all partners acting as owners who are responsible for driving the success of the firm. On the flip side, partnerships are often criticised for being slow to implement change (changes forced by a global pandemic notwithstanding!) as significant decisions regarding a firm’s strategy, structure, partner remuneration model, governance and constitution frequently require the support of a critical mass of partners; not only to satisfy constitutional approval requirements, but also because unless there is broad partner support for any proposed changes, attempts to push through such decisions (even if it is ultimately unsuccessful) can cause partner disaffection and have a destabilising effect on the firm. As a result, ‘difficult’ (but often necessary) proposals are sometimes diluted or kicked down the road by management. 

In this discussion, our panel of partnership law and strategy /management experts, Robert Millard (Founder, Cambridge Strategy Group Limited), Zulon Begum (Partner, CM Murray LLP) and Session Chair, Sarah Chilton (Partner, CM Murray LLP), are joined by Peter Duff, the Chairman of Shoosmiths LLP, a firm that has recently implemented significant changes to its partnership and constitution. The panel share their commercial, legal and practical advice and experience on managing and implementing changes in strategy, remuneration and governance in professional practices, addressing issues such as:

• What motivates change in professional services partnerships? Does there always need to be a “burning platform”? 

• What are the practical challenges of leading a firm through transformational change and how can these be navigated?

• What are the common issues and gaps in constitutional documents that may require change?

• How to secure and sustain partner buy-in and approval, and avoid unlawful discrimination.

• How to manage dissenting partners.

Leading Partnerships through Significant Strategic, Remuneration and Constitutional Change

Domestic abuse hit the headlines in 2020 as reported incidence spiked to 2.4 million, with the United Nations declaring it an emergency. In January 2021, Business Minister Paul Scully made a 'call to action' to all UK employers to do more to help their colleagues who may be the victims of domestic abuse. 

In this podcast, our Partner Emma Bartlett is joined by expert on economic abuse as it occurs within the context of coercive control, Dr Nicola Sharp-Jeffs OBE (Founder and CEO of charity Surviving Economic Abuse), safety and technology specialist Mikkel Dissing (CEO of Pan!cGuard Ltd) and our Senior Consultant, Pia Sanchez, to discuss employers’ obligations to help colleagues who are victims of domestic abuse as part of existing health and safety legislation.

If you have any questions arising from this alert, or for specific legal advice on particular circumstances, please contact our Partner Emma Bartlett (emma.bartlett@cm-murray.com), who specialises in employment and partnership issues for multinational employers, senior executives, partnerships and partners.

What Duties do Employers have to Support Victims of Domestic Abuse in the Workplace?

As we approach the end of Black History Month (“BHM”), an event that has been celebrated in the UK every October for more than 30 years, Partner, Emma Bartlett, and Associate, Pooja Dasgupta, reflect on what BHM means to them, and why it is so important to celebrate it. 

In this discussion, building on this year’s BHM theme of “Proud To Be”, Emma and Pooja are joined by Ida Mwangi, a participant in our most recent CM Murray Virtual Internship, who shares her fascinating personal insights and family history with us in this podcast, representing the importance of listening and learning from our colleagues and friends’ experiences, not only during Black History Month, but throughout the year. 

Emma, Pooja and Ida discuss the importance of education in shaping the views of young people from as early an age as possible to encourage awareness of the challenges and achievements of those who have paved the way for equality and diversity and have fought for lasting and meaningful change. 

We have set out below links to the resources mentioned on the podcast, as examples of the many resources available online discussing issues of race and inequality, and reflecting on the importance of events like BHM:

• About Race with Reni Eddo-Lodge (aboutracepodcast.com)
• https://www.waterstones.com/book/why-im-no-longer-talking-to-white-people-about-race/reni-eddo-lodge/9781408870587 (also available on other sites)
• https://www.bbc.co.uk/news/topics/cyzmrmyxn4wt/black-history-month 
• https://www.blackhistorymonth.org.uk/ 
• Ashley Banjo: Britain in Black and White – ITV Hub (itv.com)

For more information on the topics covered in this recording, please contact our Partner Emma Bartlett or Associate Pooja Dasgupta, who both specialise in employment and partnership issues for multinational employers, senior executives, partnerships and partners.

Celebrating Black History Month 2021: “Proud To Be”

Today marks the UN International Day of Persons with Disabilities. Observed since 1992, it is a day aimed at promoting the rights and well-being of persons with disabilities in all spheres of society.

To celebrate and promote awareness of this important day, Partner Emma Bartlett and Senior Associate Wonu Sanda are joined on this podcast by Husnara Begum, a former City corporate lawyer turned career management specialist and skills trainer, who has severe rheumatoid arthritis and is an incredible advocate for all forms of diversity and inclusion, to discuss how this year’s theme, 'building back better', can be applied in the workplace context and, in particular, in the legal profession.

Drawing on Husnara Begum’s personal insights on the impact of her own disability and her experiences in the legal profession, this podcast explores how employers, business leaders, and senior managers can better recruit, support, and promote people with disabilities in the workplace.

You can listen to previous episodes of our CM Murray podcast, where we discuss a wide range of topical issues in relation to partnership and employment law, here: 
www.cm-murray.com/cmmurraypodcast 

For more information on the topics covered in this recording, please contact our Partner Emma Bartlett or Senior Associate Wonu Sanda, both of whom specialise in employment and partnership issues for multinational employers, senior executives, partnerships and partners.

CM Murray is Ranked Band 1/Tier 1 for Employment (Senior Executives) by Chambers and Partners UK 2022 and  Legal 500 UK 2022. ‘Brilliant employment law team...Incredibly talented knowledgeable and commercial in their very professional approach. Very able in international employment matters.' (Legal 500 UK)

The UN International Day of Persons with Disabilities: 'Building Back Better' Podcast

We are delighted to share with you the recording of our recent webinar ‘SRA Sexual Misconduct Guidance – What Lawyers and Firms Need to Know’ . The panel discussion includes a detailed analysis of the key areas in the SRA guidance:
When does the threshold for self-reporting apply?
 
The SRA’s view on the influence of alcohol on offending and the significance of the motive of offending;
 
The complexities surrounding the issue of consent;
 
Guidance from the SRA on sanctions; and
 
What is meant by ‘proximity to practice’ and how does it play out in reality?
In this webinar, Beth Hale (Partner and General Counsel at CM Murray LLP), Corinne Staves (Partner at CM Murray LLP and partnership law specialist), Andrew Pavlovic (Partner at CM Murray LLP and regulatory/professional discipline specialist) and Ellen Peart (Partner at BCL Solicitors LLP and criminal law specialist) discuss the SRA guidance on sexual misconduct, published on 1st September 2022. In particular:

A discussion surrounding the need for this guidance and the shift in cultural attitudes towards sexual misconduct, since #MeToo.
 
A detailed analysis of the key areas covered in the SRA guidance:
When does the threshold for self-reporting apply?
 
The SRA’s view on the influence of alcohol on offending and the significance of the motive of offending;
 
The complexities surrounding the issue of consent; and
 
Guidance from the SRA on sanctions.
 
What is meant by ‘proximity to practice’ and how does it play out in reality?
 
The similarities and differences between SRA regulatory investigations and criminal investigations into sexual misconduct allegations, with reference to the Crown Prosecution Service Guidelines.
 
The practical steps that firms can take in order to mitigate the risk of their individuals committing regulatory breaches.

f you would like to discuss the SRA sexual misconduct guidance in more detail or have any questions arising from this webinar, please contact Beth Hale (Partner and General Counsel at CM Murray LLP), Corinne Staves (Partner at CM Murray LLP and partnership law specialist) or Andrew Pavlovic (Partner at CM Murray LLP and regulatory/professional discipline specialist).

SRA Sexual Misconduct Guidance – What Lawyers & Firms Need to Know - Webinar Recording

Often, emergency decisions need to be made in Professional Services firms to ensure the long-term survival of the business. This has become a daily reality for some firms during this global health and financial crisis, where decisions like pruning the partner ranks and reducing or deferring partner drawings, distributions and promotions or even corporate restructuring may need to be taken. But the aftermath of a quick decision without appreciating the potential legal risks could cost just as much money and time as the firm may have been hoping to save by making the decision in the first place. It is therefore even more important in a crisis to understand the potential pitfalls in decision-making in relation to Partnerships and LLPs and mitigate the risks as far as possible from the outset.

In this Zoominar, chaired by Zulon Begum, you can hear the leading partnership and LLP silk John Machell QC and expert partnership and LLP adviser to Professional Services firms, Sarah Chilton discuss some of the issues that arise for firms decision-making in a COVID-19 world, including:

1. Whether a firm is subject to any fetters when exercising a contractual discretion to exit a partner on a no-fault basis. Getting this right is vital as failure to do so may make the firm management’s decision void, potentially resulting in the partner continuing to accrue profit share rights. What if there are no relevant powers provided for in the Partnership or LLP Agreement? And is it really necessary to document the reasons for every decision made at the height of a crisis and if so, how? 

2. Which risks should a firm consider before taking a decision in response to COVID-19 which may affect some partners more disproportionately than others? And how might a firm insure themselves against sex, age, disability or other discrimination and whistleblowing claims from disgruntled partners affected by their decision-making? 

3. What if your Partnership or LLP Agreement requires you to hold physical meetings to pass a resolution? 

4. How can firms ensure that they implement a compliant partner appraisal and decision-making process in the middle of a lockdown that has disrupted the normal way many partners were required to work? What information should be obtained, shared and recorded and do firms have less onerous obligations if there is no express contractual process? 

5. Which procedural and substantive rights should a firm implement when exiting a partner to insulate it against common challenges? 

6. Which issues should firms in distress bear in mind when making material changes and key strategic decisions around mergers, appointing insolvency practitioners or agreeing pre-pack, and what might be the consequences of getting it wrong?

If you would like to discuss any of the issues raised in this podcast further, or for guidance on your specific rights, responsibilities and potential liabilities, please contact Partners Zulon Begum and Sarah Chilton.

How can Firms make Time-Critical, Strategic & Commercial Decisions in a Crisis & Minimise Risks?

Welcome to the CM Murray LLP podcast channel where we discuss a wide range of topical issues in relation to partnership and employment law.

CM Murray LLP is a leading partnership, employment and regulatory law firm based in London. 

We advise US and UK law firms and partners, hedge fund and investment management partners, US and other multi-national employers, senior executives and founders on a range of UK partnership and employment law issues.