Panic stations

Elizabeth Barrett, the head of litigation at Slaughter and May, tells a story of when a family member fell ill and needed an operation. After meeting with a consultant, the situation deteriorated, and because the original doctor was away, the family sought a second opinion.

‘That second person may have been an excellent surgeon,’ she recalls, ‘but he wasn’t able to give us the same confidence that we were in the right hands. The first doctor was direct. He said: this is what you need to do; this is the issue; don’t go to that hospital; go to this one.’

When push came to shove, Barrett asked the second consultant whether the operation was advisable, or whether it was better to wait. ‘He said: “Well, you should have it done sooner rather than later”,’ she remembers. ‘What does that mean?’

Lawyers don’t deal in life-or-death decisions, but for those who specialise in helping clients in crisis situations, Barrett’s example typifies all that clients hate. When their careers are threatened and they don’t know whether the business will survive, the last thing they want from their lawyers is a list of options and vague suggestions.

Kevin Crossett, general counsel of asset management firm Gartmore, turns to Allen & Overy partner Karen Seward to help with contentious employment issues for precisely that reason. ‘Most lawyers are very good at writing memos and giving opinions,’ he says. ‘But they aren’t telling me what I should do. Just tell me the best course of action – what would you do in my situation?’

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