Linda Tsang
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Michael Burd, head of employment at Lewis Silkin, acted for Freshfields Bruckhaus Deringer, which was sued for £4.5 million by Peter Bloxham, a former insolvency partner claiming age discrimination. The Central London employment tribunal found that the firm pursued a legitimate aim in seeking to achieve greater inter-generational fairness between partners and had done so proportionately so there was no discrimination.
What were the main challenges in the Bloxham case and the possible
implications?
This was the first big test of the age discrimination laws, so we were to
some extent in virgin territory and knew it would set an important
precedent. The background was complex, the documentation before the tribunal
running to 4,000 pages, so presenting the issues clearly and concisely was
crucial. That the case had a high profile in my own profession and has
important implications for law firms generally added to the challenge.
What was your worst day as a lawyer?
Very soon after qualifying I was asked to attend a High Court trial with
counsel. After the court clerk said “All rise” and the judge had entered,
all present sat back down in silence. At which moment my trousers very
audibly split. After a draughty morning taking notes, I rushed to buy a new
pair at the lunch break.
That was your most memorable experience as a lawyer?
A pro bono case I did when training. My client, a nurse, was delayed on her
shift so I had to present her case without her. To my surprise, I won. As I
emerged from the hearing she came sprinting down the hallway and when I
showed her the thumbs up she launched herself at me screaming with tears of
joy. I and my papers went flying through the waiting room filled with other
lawyers and litigants, who then burst into spontaneous applause. Usually
it’s just a handshake.
Who has been the most influential person in your life and why?
I would have to say Sir Arthur Conan Doyle. Indirectly. Having read The
Complete Sherlock Holmes three times by the age 14 is, I suspect, what made
me such an Anglophile, which in turn is what made me so keen to come to
London to study (from the United States).
Why did you become a lawyer?
Inspired in childhood by the likes of John F. Kennedy and Martin Luther King,
and disillusioned by Vietnam and Watergate, I was going to right the wrongs
of the world. Not sure I quite had Mr Bloxham in mind back then...
What would your advice be to anyone wanting a career in law?
Legal systems are ultimately about regulating relationships between people.
Understand what makes people tick and you’ll be a better lawyer. Also,
practising law is much more fun than studying it.
Where do you see yourself in ten years? On my desert island, with some wonderful music and The Complete Sherlock Holmes.
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