Old world tour

Europe has always held a glamorous allure for Australians, but not all lawyers will find it an easy transition.

Promoted by Lara Bullock 22 February 2016 Big Law
Paris
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Europe is exciting and intriguing, a continent half a world away that informs many of Australia’s cultural touchstones.

Europe is a place where you can drive between the capitals of two countries in the time it takes a Sydneysider to drive to Newcastle – or get from the majestic Swiss Alps to the beaches of Nice in less time than a weekend trip to Byron Bay.

The 50 or so countries that make up Europe have not only vastly differing landscapes, languages and cultures, but also varying legal systems that make a lawyer’s career varied and exciting. Yet some Australian lawyers may find themselves locked out of the market.

While Australia operates under a common law system, heavily reliant on precedent, many jurisdictions in Europe operate under a civil law system.

Taylor Root senior consultant Caitlin Bookless says this means Australian litigators wanting to move would struggle to navigate European courts, where legal interpretations are based off a code or legislation.

“It is virtually impossible for Australian litigation lawyers to make the move to continental Europe, with the exception of international arbitration,” Ms Bookless says.

However, transactional lawyers are in luck – she believes there is plenty of international and cross-border work where Australian lawyers can find their niche.

In demand

Ms Bookless explains that because of the differences in legal systems between Australia and Europe, Aussie lawyers are rarely employed by local firms.

“The difficulty that Australian-qualified lawyers face is their skill set is only really transferable to the largest international firms who undertake international banking and finance and corporate work,” Ms Bookless says.

“These teams have traditionally been situated in Moscow, Amsterdam, Milan and Paris.”

Particularly in Moscow, Mr Bookless says, demand has dropped due to the current political climate.

“Traditionally there has been a reasonable level of demand for Australians in Moscow. However, the complex sanctions have left the Moscow market very quiet over the past 18 months, with several firms downsizing their Russian presence,” she says.

“The political dynamics in the region remain challenging but some people are of the view the Russian market will improve as we move through 2016.”

Julian Hui is an Australian associate who moved to London in August 2015 on a secondment with Baker & McKenzie after working at the firm’s Sydney office for three years.

Mr Hui says the most demand for Australian lawyers comes from firms based in or around London, but other areas also hold appeal.

“The ever-changing landscape of European regulation tends to keep regulatory lawyers pretty busy, particularly as European regulators start to implement the regulatory response to the global financial crisis,” Mr Hui says.

He suggests roles that are easily transferrable such as corporate, transactional or litigation teams, are generally the most accessible to Australian lawyers.

“There seems to be an increasing amount of work for lawyers in regulatory, tax, corporate (capital markets in particular) and litigation (financial investigations),” he says.

Ms Bookless agrees, saying the transactional areas are picking up, with a lot of movement in banking and finance, and to some extent corporate.

“Being the centre for competition law in Europe, there is always high demand for competition lawyers in Brussels, even ones with no EU experience,” she says.

“Historically there has been a strong international arbitration market in Paris, which Australian lawyers with the requisite language skills have been able to access.”

Mr Hui also notes there are a number of in-house roles that may suit Australian lawyers looking to gain more experience working on the business side.

“On a less corporate note, there are a number of roles around Europe working for various international human rights organisations, global economic institutions such as the World Bank or the UN, to name a few,” he says.

Secondment success

Mr Hui says that where secondments are available, they are likely to be the easiest option for an Aussie lawyer wanting to make the move to Europe.

“With secondments, the firms tend to arrange everything from your visa, first month of accommodation, pick up from the airport, transport of goods and relocation services,” he explains.

Firms who have developed secondment programs tend to have a larger number of Australian lawyers working in their European law firms, Mr Hui says.

“This can make it easier settling into your new location. Also if you have experience with the firm, you may have worked with or know a number of the people in the overseas office.”

Ms Bookless thinks secondments are good if you want a short-term experience. However, if you’re in it for the long haul, straight-up moving is the better option.

“A secondment can be a great option if you don’t want to commit longer term, but you really limit the scope of the projects you can get involved in,” she says.

“As an expat myself, I know how long it can take to really immerse yourself into a new city and get the full experience. I would definitely advise people to spend at least a couple of years abroad, both from a personal and professional perspective.”

Getting a visa to work in Europe is relatively easy because often the firms will arrange it for you, according to Ms Bookless.

In some jurisdictions, such as Brussels and Paris, lawyers work on a self-employed basis, which means they have to apply directly for a visa. Even then, however, it’s still a relatively straight-forward procedure, she says.

“If you’re on secondment it can happen all quite quickly,” Mr Hui says. “From the first mention of my secondment to the moment I stepped foot on a plane it took less than three months.

“The benefit of coming across on a secondment is that most of the visa issues are sorted out by the firm. It also means you are less likely to have ongoing visa issues once you’re here.”

For those who don’t pursue a secondment, there are options such as a youth mobility visa for Australians under the age of 30, Mr Hui explains.

High flyer

Mainland Europe can often seem like a more challenging option compared to the UK with its shared language and culture. However, Ms Bookless says the impact of language barriers and the level of difficulty they create varies depending on the jurisdiction.

“In cities like Paris and Milan you are generally required to speak the language. Whilst most of the work will be in English, you will need to be able to communicate effectively with colleagues and clients,” she says.

“However, in Amsterdam, Moscow and Brussels, for instance, there is almost no language requirement both in and out of the office.”

Ms Bookless also noted that travel is a big bonus for Aussie lawyers.

“Travelling within Europe is easy and inexpensive, so no matter where you base yourself in Europe, you can get around,” she says.

She explains there are large expat communities in all the major European cities. While salaries are often lower than London, the lower cost of living in many of the European cities means relocating lawyers can enjoy an excellent quality of life.

In Mr Hui’s view, the perks of living in Europe for Australian lawyers go beyond the legal work that they can do.

“The ability to hop on a plane and end up in countries like Norway, Spain, Italy, Germany or Slovenia in the same time it takes to visit Melbourne or Broken Hill is nothing short of magnificent,” he says.

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