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more responsibility with clients. Naturally, this is always something an employer has to weigh up as they assess someone’s capabilities. However, for many qualifi ed attorneys, if these things don’t seem to be changing after a few years, either because of the people above them or because of the ethos of the fi rm in general, these are the main things that can provoke a move. Another thing that will make an attorney move once they are qualifi ed is better partnership or career progression prospects. Most attorneys in private practice still want to become partners. However, the recession has had an impact here, too. With clients not instructing as much work and fi rms struggling to keep up profi ts, there seems to be less access to partnership for qualifi ed attorneys than there may have been in the past. Firms are becoming more stringent on the criteria for new partners, and again it is those attorneys who are capable of generating work, including new business, who are more likely to be offered the partnership they want. What factors or training can improve a candidate’s options? CB Over the past few years, the rise of the commercial IP attorney has been noticeable. Our advice to attorneys at all levels is to consider your future position – the sector’s top earners are the commercially minded, business-savvy attorneys who are not only doing great technical work but winning new clients as well. As far as additional training, a Litigator’s Certifi cate certainly adds weight to a CV, but we are yet to get briefed on roles that require this as standard. On average, a £3,000 to £5,000 increase in salary can be expected for a candidate with the ITMA Administrators’ Course. Job descriptions will often say something like: “ITMA Administrators’ Course preferred.” This has to be viewed in the overall context of the CV – experience, level of responsibility and where the candidate is currently working. However, the ITMA course adds an accreditation to the CV, which gives an employer confi dence in it. In short, it increases the chances of being called for interview. WHAT DICTATES AN INCREASE IN SALARY? INDIVIDUAL PERFORMANCE 26% JN To weigh in on some of the specifi c training mentioned, a holder of the Litigator’s Certifi cate will, in my experience, be rewarded with a higher salary. The ITMA certifi cate does not necessarily mean the candidate will attract a higher salary, but a fi rm may suggest that criteria for a given vacancy must include that successful candidates have the ITMA accreditation. In doing so, they are therefore seeking an administrator with a higher level of attainment in trade mark knowledge. However, not all fi rms offer the course to their administrative staff, so it would not be correct to say that a candidate who completed the ITMA course will be a higher-calibre candidate. PF From a practical point of view, candidates can sometimes benefi t from interview coaching, particularly if they have been with one employer since graduation. In addition, more fi rms of patent and trade mark attorneys seem to be offering litigation as part of their service, so I expect recognition for the Litigator’s Certifi cate to increase. LONDON REGIONS COST OF LIVING 26% BUSINESS PERFORMANCE 48% COST OF LIVING 35% BUSINESS PERFORMANCE 35% INDIVIDUAL PERFORMANCE 30% RECRUITMENT SOURCE: SACCO MANN PATENT & TRADE MARK SURVEY 2011/12 EJ Although trade marks do have commercial relevance, at its heart the job is a legal one, based on complex procedure and case law. For new trainees, fi rms therefore look for an academic record that would indicate the intellectual capacity required to master the legal side of the job. The most valued trainees are those who communicate well, who will research the advice they are drafting thoroughly, but who make clear what they understand and what they don’t understand, and endeavour to discuss the fi ner points with their supervisor. How many people is the average candidate competing with? CB Typically, we see four candidates called for fi rst stage interviews and two for second stage, with the preferred candidate going in for a less formal third stage. Higher-level candidates (partners or potential partners) are different as these are often opportunistic hires, 27
28 itma.org.uk September 2012 driven by the availability of higherlevel candidates and their potential to add value or bring work. Thus recruitment at this level is often a more bespoke process driven by the circumstances of the individual candidate. The number of CVs is diffi cult to determine or average. Trade marks has typically been a candidate-heavy sector. This may (falsely) give the impression that recruiting can be easy. However, the challenge is often one of managing client expectations versus the reality of available candidates. The support of an IP recruitment specialist is important in assessing available candidates and current trends in the IP recruitment market to fi nd a candidate who is in line with their expectations and recruited in an effi cient and informed manner. JN It doesn’t seem to be a case of candidates competing for a position, it is more a case of fi rms competing for candidates… it is a candidate’s market at present. PF At the mid-level (newly qualifi ed to circa four years post-qualifi ed) where the majority of the recruitment takes place, there are something in the region of three to fi ve applicants competing for a position (being interviewed by a fi rm and with a genuine chance of securing the position), with perhaps another fi ve to ı0 applications from unsuitable candidates. What are employers looking for? CB The ability to hit the ground running – the sector has become increasingly busy and thus the pressure on time to invest in training is greater. The ability to step into a new role and pick up a caseload from day one is crucial for many fi rms. This can be driven by a signifi cant increase in work or the desire to see a return for their investment at the earliest opportunity. More recently, the imminent (and fi nal) change over to the new qualifi cation system for trade mark attorneys has resulted in several newly qualifi ed or soon-to-qualify opportunities on the market, as employers seek to minimise their exposure to more expensive course fees. Longer term, we have already started to see fi rms introduce contractual clawback provisions to protect their investment (ie the SALARY X £1,000 AVERAGE SALARY BY YEAR OF FIRST QUALIFICATION 100 90 80 70 60 50 40 30 20 10 - course fees) in trainee trade mark attorneys if that the attorney leaves shortly after qualifi cation. For many, the team fi t and cultural fi t for the business will often trump the level of technical expertise. We often tell clients and candidates that it is “not about the best candidate, but the most appropriate candidate!” JN They are looking for candidates they would feel comfortable putting in front of their clients. Another factor is that fi rms now have a much greater focus on business development. Candidates need to have experience at being much more client-facing than they used to. Every fi rm wants to attract attorneys who will add value. If a qualifi ed trade mark attorney can bring a client following, that attorney is going to be courted by many fi rms. PF At the moment, business development and networking skills are coming to the fore. In other words, the ability to do these tasks rather than having a client or contact following. EJ The recession and the effect it has had on trade mark fi rms, as well as their clients, has caused fi rms to place a higher store in fi nding well-rounded individuals – trainees who, once they’ve mastered the 1996 or earlier 1997 to 2001 2002 to 2003 2004 to 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 or later SOURCE: REPORT OF THE 2012 SALARY SURVEY OF THE IP PROFESSION IN THE UK, FELLOWS AND ASSOCIATES ‘Firms do recognise that there are very few rainmakers around. But they are looking for someone who is at least capable of managing and communicating well with clients, building a relationship and spotting obvious opportunities to generate more work out of clients’ technical side of trade mark work, will then be able to grow into the client-facing side of the job. At a qualifi ed level, fi rms look for in-depth technical knowledge and someone who they are confi dent will give sound advice, who can handle a caseload relatively autonomously, but also converse with their colleagues and continue to learn on more complex matters. Firms do recognise that there are very few rainmakers around. But they are looking for someone who is at least capable of managing and communicating well with clients, building a relationship and spotting obvious opportunities to generate more work out of those clients, even if they are not going out trying to bring in the next Apple. At fi ve or more years qualifi ed, fi rms are increasingly asking for a following, given how expensive attorneys start to get. The reality is, however, that not many attorneys at that level have a following or a track record of business development. Usually partners will continue to control client relationships, and even where those relationships are shared, it takes a lot for a client to move all of its work and its records.
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