Understand Your Rights. Solve Your Legal Problems
With the UK leaving the EU, many legal experts are eagerly anticipating the various changes and methods the UK administration will address, and the legislative changes and adoptions at hand.
We hear from Aleksandra Kowalik who always offers such insightful thoughts to Lawyer Monthly; drawing on her bilateral experience, she touches on the European Arrest Warrant (EAW), and the problems the UK may face in criminal law, if they rule out the ease of extradition by withdrawing use of the EAW.
Mutual legal assistance consists of cooperation between different countries, for the purpose of gathering and exchanging information and requesting and providing assistance in obtaining evidence located in one country, in order to assist in criminal investigations or proceedings in the other.
Extradition is the legal process by which an individual is transferred from one state to another for the purposes of facing trial or sentence. To simplify and speed up the extradition proceedings, mechanisms have been put in place within the EU Member States and for cooperation to provide a framework for these exchanges.
The first conception has been ruled by the European Council in Tampere in 1999. The clue of the Council intentions was to rule the new EAW proceedings pursuant to a principle of mutual respect and recognition. The final result of the initial EAW related establishments was The Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. The proceedings finally became faster and less complicated than the classic extraditions.
Finally, the citizenship related bar was previously ruled in article 6 of The European Extradition Convention, stating that political issues were supposed to be excluded as a potential obstacle to bring the offender into justice.
On 29th March 2017 article 50 was triggered which means a tremendous challenge faces the British authorities, British administration and British lawyers; they will have to face and potentially reorganise the entire, extremely well organised legal (criminal) cooperation within EU.
The wave of changes ought to not omit the EAW as well.
Following the current views of the British governing party, it seems that the EAW can be an issue, as the question is how to keep its structure without the supervision of the European Courts of Justice.
Thus, the question at hand is what direction the United Kingdom should set to go towards regarding the EAW, either: exemption, limitation or full implementation as a third party, with a consideration of supervision by the European Courts of Justice.
A proper base for discussion could be the Marian Dorobek’s case; Borobek had been sentenced to 10 years for multiple rape and child sexual abuse in Poland. He has been sought by a District Court in Grudziadz and was arrested at Heysham port after he arrived off the ferry from Douglas, Isle of Man.
It later emerged that he could not be arrested in the Isle of Man as European Arrest Warrants cannot be executed here. Therefore in this case, Dorobek could have stayed safe for much longer, but the Polish Judicial Authority was forced to issue a classic request for an extradition.
Respectfully to the results of long lasting researchers in Poland, supervised and directed by Ms M. Mozgawa- Saj (the author of “Extradition in Polish Criminal Proceedings; chapter IV), the average time of a classic extradition request that has been exercised is 293 days. The longest case took 1219 days, whereas the EAW request must be dealt within 60 days. When we address the time difference between the implication of the order of an extradition request, in comparison to the EAW, the issue at hand is very clear; the UK will need to consider whether the mutual criminal cooperation and assistance can be fully followed if a classic structure of an extradition is implied again in replace of the EAW.
It must be strongly underlined that criminal cooperation does not limit to the EAW only.
The EU has adopted several legislative instruments in accordance with the principle of mutual recognition – please consult relevant subpages (for online readers) to find more information on:
The above instruments create a well organised structure whereby the most significant aim is to bring any failure in complying with a rule of law, in terms of its criminal area, to justice. How the United Kingdom will be able to manage with this complicated challenge, without affecting the interests of justice and legal needs and proceedings, as well at the pre- trial or trial itself, will be the main question.
The last, but definitely not the least issue, is a question about potential amendments of the EAW structure if the UK decides to stay within its legal scope.
Regarding the cooperation of the EAW in relation to the United Kingdom and Poland, the widest problem lies in complying with a proportionality of rules when the EAW is issued. As it is commonly well-known, Poland is a leader in issuing EAWs to the United Kingdom. Warrants are issued for very minor offences, low sentences or to exercise 14 days of a temporary arrest at the pre- trial stage, regardless of the proportionality principle and legal common senses; therefore, the European legislators should take into their consideration that article 30.1 (Expanses) of the Council Framework Decision could be amended in order to impose the obligation of covering the fees by the issuing Member State for the proceedings in the executing state. It seems a bit unfair to me that when the requested person exercises his rights in terms of refusing a voluntary surrender, the executing state is obliged to cover all the cost proceedings related.
However, if it was an issuing state, there is a chance the specified judicial or designated authority wouldn’t pursue the EAW in minor offences, as it would be simply too expensive comparing to an interest of justice.
Aleksandra Kowalik
Justitia Chambers
Fox Court
14 Gray's Inn Road
WC1X 8HN
London
Patent Attorney Mark Houghton, talks about his specialist Patent practice, Patent Outsourcing Limited, which provides European Patent prosecution services, mainly to US clients, and he also talks about specific current European patent issues of interest, particularly the European Patent Office’s ‘Early Certainty’ initiative and its impact on clients with larger portfolios.
What makes Patent Outsourcing different from other firms?
Patent Outsourcing Limited is highly focused toward the corporate client requiring European patent prosecution of a patent portfolio. We currently support US, EU and UK clients who have a clear strategy to implement; it is our task to implement that in Europe. We get to know the objectives, key contact and subject matter in order to give minimum overhead in the relationship whilst actively flagging issues as they may arise. Agreed processes and procedures keep routine procedures and reporting efficient and cost effective so that key issues gain greater visibility; for example, we use your case references not our own in communications, as a trivial but illustrative example.
What does a history of working in-house bring to your work?
Having personally started out in research and development in an Anglo Dutch multinational, and along the way having been inventor on 66 patent families, I have some feel for the needs of the internal ‘customer’ of in-house IP services. This, along with professional accolades, such as being a Chartered Scientist and academic credentials, PhD etc., helps establish credibility with inventors. Similarly, having been in-house counsel with responsibility for intellectual property in an international ‘PLC’ company, the pressures of business and financial constraints are no stranger to me. This makes it easier for my colleagues and I, to deliver what clients need and so deliver focused services. Having an intrinsic awareness of internal company responsibilities and decision-making possibilities helps us ask the right questions. But then there are more pragmatic experiences from simply having worked in a factory. Deciding what patent amendments may be required is much easier when, for example, you realise that the product being talked about is shipped around in one tonne open topped sacks, rather than in consumer ready blister packs, or vice versa.
Have you any topical information about the Patent European scene?
Pragmatism is our focus at Patent Outsourcing Limited. What has had a concrete effect in European patent prosecution in the last year, and will ripple through at least until 2020, is the “Early Certainty” programme at the European Patent Office. I will leave the speculation and the political intrigue of the Unitary Patent and the Unified Patent Court process to others. If you are dealing with more than a handful of patent applications before the European patent office you may well have noticed a big upsurge in the number of summons to Oral Proceedings. You may also have seen a trend towards reduced deadlines and perhaps even cases which have been lying dormant for five or more years suddenly coming back to life. These are all consequences of a welcome, but certainly impactful initiative at the European Patent Office. The underlying concept, expressed in various ways, is that the examination process should be taking no longer than a year. Given that historically we are talking about five or six years this is a sea change. Waiting for prosecution in other jurisdictions to be resolved is therefore less of an option, similarly, there are no prizes for taking the maximum amount of time in preparing a response, that timescale being up to 6 months. Efficiency from European Counsel is essential both in terms of time and selectivity in resolving issues. The corollary of this is that there has been, and is likely to be, an ongoing increase in the filing of divisional applications (c.f. Continuations) along with the filing of appeals. The separation and move of the Board of Appeals at the European Patent Office is in my view likely to result in the backlog of unresolved cases being shifted to the forum of Appeal, where we are talking about several years before cases may be resolved. Again, as a simple illustration of our approach; a five or six-fold increase in Oral Proceedings could have seen the ‘air miles’ of our attorney’s soar, but instead we have moved the focus to use the option for Oral Proceedings by videoconference and have not seen any negative consequence from this.
About Mark Houghton
Mark is CEO of Patent Outsourcing Limited an attorney firm based around former in-house counsel who aim to act as the European arm of corporate patent departments outside Europe. Process-based patent prosecution delivers efficiency and effectiveness but with the responsiveness and personal contact you expect from in-house counsel. Mark and his team have experience in physics, electronics, chemical and mechanical subject matter and specific team members also cover further specialist areas such as computer implemented inventions and biotech.
About Patent Outsourcing Limited
Patent Outsourcing Limited is a leading firm of UK Chartered and European Patent Attorneys handling several thousand active patent applications before the EPO. The firm is focused around attorneys with experience in industry and a proactive paralegal support team to manage process and maximize attorney value and minimize billing on trivial actions.
Noele McClelland, Employment specialist and Partner at Thorntons provides an insight to mental health Issues in the workplace.
It is estimated that approximately 1 in 4 people in the UK experience a mental health problem each year. Anxiety and depression are now the most common mental health disorders in Britain, with 7.8% of people meeting the criteria for diagnosis. Although mental health awareness is on the rise and there are a number of charities, community groups and NHS support groups available to those with mental health problems, it appears that the help available outside the workplace does not correspond with the understanding and support available from the employers. Employers still do not consider the importance of their role in helping to tackle mental health issues within the workplace. They also do not realise the negative impact that their lack of understanding of the illness can have on their business. Examples of problems faced by employers include communication and relationship breakdowns, prolonged periods of absence, difficulty with planning and organising the workforce, frequent rotation of employees, problems retaining skilled and experienced staff and the costs associated with defending employment tribunal claims.
Below we provide some practical advice on how to approach and deal with mental health issues in the workplace.
The fear of stigma and worry over the lack of understanding are one of the reasons that mental health conditions can deteriorate and/or make employees think that they have no other choice but to resign. People keep it hidden because they are scared about the reaction they will get from colleagues and their employer. It is vital therefore that the employees feel that they can openly discuss their mental health issues with their line managers or HR. In any event, whatever the condition may be, or the significance of the request, an employee should feel comfortable raising any suggestions about what would help with their condition within the workplace. Employers and managers need to understand not only the general condition an employee is suffering from but how it affects that individual. It is also worth remembering that the employees experiencing mental health issues may not always be capable of coping with written correspondence or telephone conversations with their employers. It should not be expected that the employees will respond to employer’s queries instantly. In addition, the frequency of any communications should be monitored carefully to ensure that employees do not suffer from detriment by being pushed to make declarations regarding their return to work in situations when they do not feel ready to comply with such commitments. Agree the nature and frequency of any contact if the employee is off work.
Although discussing the problems and showing understating is the first step towards tackling mental health issues at work, it is important that any conversations with employees are followed by appropriate actions, and in particular that employers comply with their obligations under the Equality Act 2010. If an employee’s condition affords protection under the 2010 Act, employers are under a positive duty to make reasonable adjustments within work to help the employee. Failure to do so may amount to disability discrimination. Examples of the types of adjustments could include, extending flexible working policies, allowing employees to commute outside of rush hour, changes to an employee’s working area, or permitting an employee to take a short break when they become particularly anxious. When dealing with mental ill-health, using an occupational health practitioner with particular knowledge in this area is preferable. Employers should be open to accommodating any adjustments when a request is received, even if the change appears to be insignificant or is for a short term basis.
Employers also have a legal duty to manage the risks to employees’ health and safety, including the risks arising from stress. They should conduct risk assessments to identify the relevant risk factors and thereafter implement the appropriate measures and manage workplace activities to reduce the likelihood of stress developing. The Health and Safety Executive has devised Management Standards to assist and encourage employers to comply with their legal obligations, and to prioritise and measure their performance in managing work-related stress.
Employers should train managers not only on how to managing absence in relation to mental ill-health, but also how to recognise and support employees who are displaying signs or symptoms. This includes conducting productive and coherent return to work interviews and recognising potential issues arising from a person’s absences.
Employers should assess their workplace policies and procedures to ensure they take account of mental ill-health and if relevant, whether their organisation would benefit from implementing a “wellbeing in the workplace” policy. They should also ensure there are adequate disciplinary policies in place to discipline employees who bully colleagues because of a colleague’s mental health, and ensuring if any such behaviour is to arise, that appropriate disciplinary action is taken. It is of course crucial that the relevant policies and procedures are also followed in practice on a daily basis, that they are easily accessible and that the employees are informed of any updates affecting their welfare regularly.
In conclusion, the key factor in tackling mental illness issues in the workplace is to ensure that employers understand the importance of their role when dealing with employees suffering from mental illnesses. Far too often the employers think that because they have not been informed directly of an employee’s illness or if the requests for adjustments were not made, they can remain passive and do not have to take any action. Although this may seem as a safe and low-risk approach, it is not always recommended from medical and/or legal point of view. Tackling mental health issues may often become a long and complex process and seeking advice at an early stage should be in the minds of every employer.
Noele McClelland
Partner
+44 1382 229111
nmcclelland@thorntons-law.co.uk
www.thorntons-law.co.uk
As head of Tayside’s largest employment law team Noele is focussed on ensuring her clients receive pragmatic and commercial advice when dealing with HR and employment issues. Her approach is based on really understanding a client at all stages of their business lifecycle and fully understanding their strategy. Her straightforward and friendly approach and ethos of helping to simplify employment law.
Noele advises on all areas of the employment lifecycle from recruitment through to dismissal and regularly advises clients on disciplinary and grievance matters, absence and performance management, discrimination, redundancy and reorganisations and termination of employment. She works hand in hand with our business law team in the employment aspects of business acquisitions, disposals and outsourcing, ensuring a seamless service to clients.
Thorntons is one of the few remaining full service legal firms in Scotland. It’s specialist teams offer innovative and commercially aware solutions for SMEs, large corporate clients, public authorities as well as private individuals. Thorntons operates from ten locations in Edinburgh, Dundee, Fife, Perth and Angus with 47 Partners and around 400 staff. The firm boasts an array of business awards and legal accreditations across its specialities. In 2016, Thorntons was awarded the title of Best Large Scottish Employer and Best Overall Scottish Employer at the Business Insider Employer Awards.
In light of mental health awareness, the next two features give advice into how to cope with stress in the workplace. We hear from Kate Headley, the Director of Clear Company, who has given a short introduction and background into the importance of addressing stress and mental health, addressing the legal issues, for lawyers and employers alike.
Written by Kate Headley, Director of Clear Company
US web developer, Madalyn Parker, recently sparked debate about workplace attitudes to mental health after publically sharing the fact that her manager had supported her request for a mental health ‘sick day’. Commentators came out in droves, with many questioning if this should even be an issue in the 21st century, yet the reality is that many suspect that UK managers would not be similarly supportive – particularly within the legal sector.
According to Office for National Statistics Labour Force Survey figures, last year Britons took 137 million sick days. Of these, 15.8 million were for stated mental health issues including stress, depression and anxiety as well as more serious conditions such as manic depression and schizophrenia. A separate study by Happiness Works in March 2017 showed that nearly two-thirds of UK employees suffered from stress at work.
Looking at law specifically, a recent survey of associates and partners of the top 100 law firms by virtual outfit, Keystone Law, revealed, perhaps unsurprisingly, that almost 70% of lawyers believe they work in the most stressful profession. In a demanding sector where 12-hour shifts are the norm and all-nighters are not unheard of, professionals under pressure to get things done quickly are at greater risk of acquiring a mental health condition. But what does this mean for employees under pressure, and those managing them?
Legally, employers have a responsibility to support jobseekers and employees with protected characteristics, including mental health conditions which are defined as a disability, under the 2010 Equality Act. Individuals don’t have to have a specific mental health condition to get protection under the Act, rather demonstrate that their mental health has a substantial, adverse, and long term effect on their normal day-to-day activities. This includes conditions such as stress and anxiety.
Whereas physical challenges may be more ‘visible’, and as a result, more openly discussed both inside and out of the workplace, I think it is fair to say that there can still be a stigma attached to issues surrounding mental health. This may be because employers and HR teams lack understanding and, as a result, may be afraid of getting it ‘wrong’. However, it is worth bearing in mind that conditions such as anxiety, stress and depression are no less ‘manageable’ than many physical conditions.
Statistics from the charity, Mind, suggest that nearly 16 million people in the UK – around a quarter of the population - will experience some form of mental health event in any given year. But only a small proportion seem to feel confident enough to disclose this to employers or potential employers despite protection provided by the Equality Act. This is perhaps not surprising when one looks at the results of research carried out by the Department for Work and Pensions which found that less than half would want to employ someone with a mental health condition.
However, firms which are not supporting their employees in the way in which they are legally obliged to, risk not only comeback for non-compliance, but also haemorrhaging vital skills as disengaged staff take their expertise elsewhere.
A recent survey conducted by Comres for BBC Radio 5 live found that half of British adults in full-time work say they’d be unlikely to talk to their boss about problems such as anxiety, depression, or bipolar disorder. However, it is only through opening lines of communication that employees with mental health conditions can be supported.
Reasonable adjustments for candidates and employees with mental health conditions may include; support with managing workload, flexible hours to allow for periods of rest, a desk in a quiet area of the office to help manage anxiety, time off work to attend appointments or a little extra time to make decisions to help manage stress. Ultimately, no one is in a better position than the person living with a mental health condition to determine what support they need.
While the legal profession has long been afflicted by a deeply ingrained culture where high levels of stress are often viewed as ‘normal’, there are signs that things are changing. Last year, a cross-profession taskforce to promote and support mental health and wellbeing in the legal community, The Legal Professions Wellbeing Taskforce, was initiated by the Law Society and is driven by LawCare, a charity which provides support to the legal community.
As Jonathan Smithers, President of the Law Society, pointed out at the initiatives launch, “Law can be a demanding career. Many of us are drawn to the intellectual challenge and thrive on the high pressure our work entails, but with this high pressure can come stress. It is vital for legal professionals that there is greater awareness of the importance of mental health and greater openness to enable conversations about this issue.”
With the Mental Health Foundation recently finding that 86% of 2,000 individuals with mental health conditions agreed that their job and being at work is important to protecting and maintaining their mental health, learning how to ask for help, and recognise and support individuals with mental health conditions is imperative.
KATE HEADLEY
DIRECTOR OF CONSULTING
Clear Company
A nationally-recognised expert and auditor in diversity in recruitment, Kate works extensively with government & business in developing inclusive best practice.
She is a fully qualified HR professional who, following an early career in the private sector (Marks & Spencer) and the public sector (Manchester City Council) has spent over 15 years specialising in recruitment and diversity. Her passion and expertise in this area means that she is a sought-after speaker and advisor, helping to spread the word of the benefits of being diversity-confident to UK plc.
Kate is a key member of The Department of Work and Pensions Disability Employer Engagement Steering Group and is currently helping to create a platform for individual MPs to activate and support diversity best practice in their constituencies.
Today, most good online MBA degree programs offer students a broad and varied insight into the world of business, leaving many MBA students with the assumption that they are learning everything that is needed to enter business practice and enjoy a successful career. Any good business student will know that there’s more to business and entrepreneurship than simply buying and selling, but savvy business people know that it’s just as important for them to have a solid understanding of business law. Why is it important to gain knowledge and expertise of business law when studying for your MBA?
#1. Law is an Important Part of Business
Whilst studying for your AACSB online MBA, you’ll quickly learn that law is a fundamental part of any business. Since business has always been closely intertwined with the legal industry, it’s important for business students to have a clear understanding of the role of the law in business before entering their career. Business law and legal regulations are becoming increasingly more complex, and modern business ventures are requiring more and more knowledge of the law and strong collaborations with lawyers to achieve success. Business students who incorporate legal study into their degree programs can successfully run their company along with anticipating and understanding its legal needs.
#2. The Law Affects Business in Different Ways
One of the main things for business students to understand when it comes to the law is that there are many aspects of the legal industry that directly affect business. Many students think that the main legal problems they will face during their business career will be to do with financial or market issues, but many businesses face both regulatory and legal challenges of all kinds throughout their lifetime. For example, businesses may face legal battles with employees who have been injured in the workplace or feel they have been unfairly dismissed, whilst legal issues with customers are not uncommon. Along with this, most business professionals will encounter issues with trademarks and copyright, international trade, and transitional corporations at some point during their career.
#3. What Should You Learn?
As a business student, there’s a lot to learn when it comes to the law and how it has an effect on business. In general, many business students may feel that they are unprepared to tackle future legal issues in their career since the law can often seem difficult to understand, especially for those who are not studying it as a major college subject. If you are currently studying for an MBA, it’s a good idea to opt for modules that are geared towards helping you learn more about business law. As it becomes more and more essential for business students and professionals to understand the legal side of things, an increasing number of educational institutions are adding law-based modules to their MBA programs. Networking with lawyers and business law professionals is also an excellent investment to make with your time.
If you are currently pursuing a career in business, understanding how the law affects this industry is essential.
A successful law school application is the path to a rewarding and prestigious career, with a world of specializations and prospective employers waiting for you once you graduate. Since the law is a subject that most people study at postgraduate level, one of the questions frequently asked by prospective undergraduate students is, "what degree should I choose?". Here are four excellent degree choices for students who are planning to apply for law school.
1. B.S. or Online Masters in Public Administration
The law governs the functioning of practically every institution in society - and public administration is no exception. By studying public administration, you'll gain a working knowledge of how the various levels and departments of government work - including the criminal justice system and fiscal regulatory bodies. Since governments both influence laws through legislation and are bound to obey the law, just like citizens and companies, you'll gain an understanding of how legislation is applied by governments in real-world scenarios.
A comprehensive postgraduate degree like the Norwich University online masters in public administration program is a great option for undergraduates with non-legal majors who are planning to enter law school. An online MPA degree is also ideal for working professionals who are considering a career switch to the legal profession.
2. B.A. in History or Philosophy
History and philosophy may not be the first subjects you think of when it comes to law, but they are intimately linked with the development and practice of the legal system. Understanding the history of the country whose laws you plan to study will give insight into the type of society, values, and political developments that influenced their laws, both ancient and modern. Philosophy, with its focus on logic, reason, and the value of a sound argument, is one of the best ways to train and sharpen any legal mind. A strong GPA average with either major will look extremely good on your law school application.
3. B.A. in Political Science or Pre-Law
A degree in political science will give you broad knowledge of the political system that shapes our daily lives. Considering how closely related politics and law have become over the course of human history - with both professions always influencing each other - you'll be in a good position to understand legislation, the practice of law, and how they are affected by political developments at every level of government. A major in pre-law subjects - including law and society and criminal justice - will teach you the basic principles of law and show that you're committed to studying the law at postgraduate level. High grades in these subjects are a must for prospective law school candidates.
4. B.S. in Accounting or Finance
Accounting, taxation, and compliance with financial regulations are three aspects of business that frequently require the advice and litigation services of legal professionals. By gaining a thorough working knowledge of the financial aspects of business, and scoring well on your GPA, you'll become a strong candidate for law school and have a broad range of career options after you graduate.
Whichever undergraduate degree you choose, the best strategy for improving your chances of acceptance to a good law school is more or less the same. By studying hard, getting good grades that raise your GPA, and submitting an excellent thesis that shows your critical thinking, reasoning skills and insight into ethics and justice, you'll strengthen your application to law school at postgraduate level in the future.
The annual Turkish M&A Review report published by Deloitte had shown that M&A figure had decreased, and experts at Cigdemtekin Dora Cakirca Aranci stated it has been a rocky road for Turkey, which has resulted in a decrease of financial investment activity.
“Political uncertainty and security problems in the Middle East remain unimproved in the past year continuing to negatively impact Turkey and Turkish economy. In addition to these geopolitical factors Turkey also suffered from the attempted coup and the sequential elections leaving the political and economic environment uncertain for investors.
“There were also some other factors which had a global impact such as UK’s Brexit. All these factors negatively affected the appetite of the investors,” explains Gamze Çiğdemtekin. In this insightful interview, they share how Turkey is recovering, and what they hope will come in the following years to further develop their international investment scope.
How has the M&A field changed in Turkey over the past few years?
Turkey is an emerging market with great growth potential, making the country an attractive market for many foreign investors, and is a commercial hub and a doorway at the crossroads between Europe, Middle East and Asia. In the past few years the global and regional economic agenda was dominated by political and security concerns. Like in many EU countries, Turkey has been negatively impacted by political uncertainty and security problems in the Middle East and the worsening refugee crisis. Terror incidents and an attempted coup were among the other factors affecting the domestic M&A activity.
In the past few years, small and middle market transactions dominated the overall M&A activity by deal number; foreign investors’ deal volume and privatisation deal volume were at one of their lowest levels in the past decade, and private equity activity was limited. Private equity firms were rather cautious in making new investments; nevertheless, we observed certain successful fund-raising activities as well as considerable number of exits.
The investor type remained diverse and we observed investments from financial investors with the involvement of development banks, venture capital firms, investment holdings, family investments, angel investors and private equity funds in various transaction.
We do not expect a significant change in the behavior of the investors, although we believe that, especially strategic investors, will remain keen on exploring investment opportunities, relying on the long term potential of the Turkish market.
What restricts Turkey’s growth in investment? What do you pose should be done to overcome this?
2016 and most of 2017 involved macroeconomic risks driven by geopolitical developments in the region, attempted coup, as well as the sequential elections in Turkey. Although some of these geopolitical risks remain unimproved, we believe that the political and economic environment will now stabilise and improve after having recovered from the attempted coup in the past year and the clearance of the uncertainty caused by the sequential elections. Also Turkish government is now focused on some of the major economic reforms that has long been on their agenda which was disrupted with aforementioned events, and these efforts started to show its first signs of recovery increasing the growth rate to %5 in the first half of 2017. Despite the crisis between the EU and Turkey in the past few months, which is believed to have been mainly driven by the internal politics and elections on both sides, now that the elections are over, the parties should look into and find ways to stabilise the EU and Turkey relationship and pave the way for Turkey to continue the candidacy negotiations and political and economic reforms. Regardless of whether Turkey eventually becomes an EU member, it is not always the destination but the journey from which Turkey will greatly benefit from for, among many others, attracting more foreign investment.
How do you ensure that the deals you are advising run as smooth as possible?
CDCA is rather young firm established by highly experienced founders who had worked in a number of international law firms and multinational companies in Turkey and abroad. Our team’s M&A experience is incomparable to many other local and international law firms, given the number and diversity of deals that our partners have had handled over the past two decades. This diversified experience brings about a strong legal background and a sound capability in handling the complex matters smoothly with a solution oriented approach. We first try to understand the business expectations and concerns of our client, as well as the counter party, and offer solutions that will help the deal happen with the best possible result for our clients. We also understand the local cultural background of Turkish business environment, as well as the requirements of a cross border M&A deal that requires the international standards. Our work could sometimes extend to making sure that our client understands these dynamics and follows a strategy accordingly which we believe is key to achieving g a successful result.
What main challenges do you face during financial transactions and how do you overcome this?
Some of the transactions could involve a structure that emerges from a different jurisdiction in which you could find a sound, legal infrastructure to support and allow for such structure, but which the local law may not necessarily support. In most of those circumstances we mimic those structures with the tools that are legally available under the local law and create hybrid models.
What predictions do you see for the upcoming year?
Having past the mist of the elections and the immediate shock of the attempted coup, we expect a stabilised and normalised political and economic environment in Turkey which will hopefully bring the number of deals, as well as the deal values, to higher figures as compared to last few years. The Turkish government now directs its priority and focus on the economic reforms that has been on their agenda for a long time, and these efforts started to show its early signs of recovery by number of activity in the growth rate as well as the number of activity in the M&A. If the Government continues to be keen on these reforms this will greatly help in boosting these figures significantly.
Gamze Çiğdemtekin
Partner
Tuna Çakırca
Partner
Gamze Çiğdemtekin is a leading corporate and M&A lawyer in Turkey advising major international and Turkish clients in several sectors, including energy, banking and insurance, manufacturing, cements, chemicals and pharmaceuticals. Her expertise includes advising on a wide range of corporate and finance transactions with a particular focus on M&A, private equity, energy projects and competition law. She is ranked as a leading M&A lawyer in Turkey by several law directories such as Legal500, Chambers & Partners (Band 2).
Tuna Çakırca has extensive experience including M&A/corporate and capital markets work. Her M&A experience includes representation of both sell and buy side clients in a wide range of sectors. She has also represented underwriters, issuers and/or selling shareholders, most recently for electricity and telecommunications companies. Additionally, she has extensive experience in representing foreign and local companies in connection with their corporate, commercial, regulatory, employment and real estate matters. She continues to assist many multinational companies in their day-to-day businesses in such areas.
Çiğdemtekin Dora Çakırca Arancı (CDCA) is a full-service law firm with offices in İstanbul and Ankara. The firm offers specialized legal advice to international and local corporations, financial institutions and investors operating in a broad range of industries.
We are committed to assist clients with practical solutions to reach their business goals. We achieve this by closely monitoring legislation, case law and administrative practice, while thoroughly considering our client’s business priorities.
We handle all client matters and transactions in an efficient, responsive and timely manner. With our knowledge, experience and strong network, we ensure all legal matters smoothly move forward.
Coming straight out of school, you may really want to land a job in the legal industry that helps you to get guidance and gain useful experience. It is generally understood in the legal industry that internships and sometimes taking lower rates are necessary for climbing the corporate ladder. Those who graduate from George Washington University and go on to enter the legal industry can be highly successful if they remain in the Washington, D.C. area, but ultimately, their credentials will still be highly attractive in other cities. Once you know what you are doing, become fully trusted by your clients and earn a reputation that precedes you, your rates should go up accordingly. It matters not whether you have an online masters in paralegal studies or a J.D. degree - every legal professional can and should increase their fees periodically. Here are some suggestions on how you can broach the topic of a rate increase with clients respectfully.
Letting Existing Clients Know That Your Fees Are Expected to Increase
Telling your clients at least 30 days in advance of an expected legal fee increase will help you to get paid on time, allow them to manage their funds, and give everyone involved a chance to talk about future changes. You may be inclined to give longstanding clients a bit of a break on fees or you may even elect to grandfather in the current rates that you are charging them. While you don’t need to give clients all of your reasons for increasing your legal fees, you might want to point out circumstantial changes such as moving your office to a more convenient location or needing to pay employees with an online paralegal degree more money after graduation.
Entertaining Counter Offers for Bulk Work Guarantees
The fees charged by legal professionals are reflective of their skills, but they also help to make slower work periods more manageable. When you have clients that can guarantee enough work to keep your office busy for a spell, a reduction in rates is nearly always advisable. The discounted rate that you offer to clients for bulk work doesn’t have to be substantial, but it should be enough to keep all of your bills paid and make your clients feel amply valued.
Evaluating Legal Fees on a Case-by-Case Basis
You might have a flat, standard hourly fee that you charge for case evaluations because looking at a new case that you are unfamiliar with requires you to start from scratch. Your practice may also offer clients options such as charging at cost for cases that only require paperwork to be filled out by your paralegal. If you feel that some clients should be charged more for their cases because they are complex or will require a lot of research, don’t budge on the rates that you quote. If you do, you will end up being overworked, under compensated, and you could have a difficult time getting attention from better-paying clients.
The rate that your charge clients should slowly increase during the few couple of years after you graduate from college. As you gain experience in the area of law that you practice in, you can start to compare your rates to those charged by other attorneys. Eventually, you will likely reach a cap, but you should never feel like you can’t ask for more.
[vc_row][vc_column][bs-grid-listing-1 columns="3" title="Editors Picks" show_excerpt="1" hide_title="0" count="3" post_ids="15036, 15427, 15432" tabs="" tabs_cat_filter="" pagination-show-label="1" pagination-slides-count="1" slider-animation-speed="750" slider-autoplay="1" slider-speed="3000" bs-show-desktop="1" bs-show-tablet="1" bs-show-phone="1" _heading_1="" _heading_2="" paginate="none"][/vc_column][/vc_row]
[vc_row][vc_column][bs-grid-listing-1 columns="3" title="Editors Picks" show_excerpt="1" hide_title="0" count="6" post_ids="15352, 15188, 15076" tabs="" tabs_cat_filter="" pagination-show-label="1" pagination-slides-count="1" slider-animation-speed="750" slider-autoplay="1" slider-speed="3000" bs-show-desktop="1" bs-show-tablet="1" bs-show-phone="1" _heading_1="" _heading_2="" paginate="none"][/vc_column][/vc_row]
