Introducing… our first Alumni spotlight feature, where members of the firm interview those who have been colleagues and friends on their 'post Mishcon' careers, ambitions and reflections on their time at Mishcon.
Interview by Kate Higgins, Knowledge Partner
I first met Alison Levitt QC (as she then was) in 2014 when she introduced the new 'White Collar Crime' group at Mishcon. I remember being impressed and instilled with a sense of pride. Firstly, that we were launching the offering, unlike any other firm I had worked at. Secondly that such an inspirational female lawyer was to lead it. Alison had already spent over 20 years as a criminal defence barrister and five years as Principal Legal Advisor to the Director of Public Prosecutions, now our Prime Minister, Sir Keir Starmer.
Seven years after leaving us in 2018, Baroness Levitt KC (as she is now) is back in our client lounge, and I am reminded of her warmth and approachability. She continues to be an inspiration. After leaving us, she rejoined 2 Hare Court as a barrister, became a Judge and in January was made a Labour Life Peer. Asking me to call her Alison, here are some quotes from our chat and a few asides from me.
How do you reflect now on your time at Mishcon?
"I left Mishcon to return to the bar because I missed the buzz and challenge of the courtroom. However, my memories are of a welcoming, non-hierarchical and entrepreneurial firm. Sitting in the client lounge now, I am glad to see the lounge is still the same and it feels good to be back. I was privileged to be afforded such a strong mandate to establish the White-Collar Crime team. My time at Mishcon allowed me more fully to appreciate what is involved with running a business and importantly, the pivotal and highly skilled role solicitors play in the justice system. You are problem solvers for your client. Clients often don't understand the problems they face. Your role is to identify them and find them the best possible solution for their needs."
We discussed further some of the work the team had undertaken. While leading the group, it embarked on what was, at the time, the largest ever private prosecution brought to date (Allseas Group SA v. Paul Sultana), drawing on Alison's considerable existing expertise in developing the rules in this space. Alison also conducted her first corporate investigations work whilst at Mishcon, building on her experience at the CPS conducting the inquiry - commissioned by the DPP, then Keir Starmer - into the State's earlier failure to prosecute Jimmy Savile whilst he was still alive.
What is it like being a peer in the House of Lords and how do you manage your time now?
"It's early days, as I only came into the House of Lords at the end of January. On becoming a peer, I gave up my role as a circuit judge, due to the separation of powers between the judiciary and the executive. The Lords' chief function is as a revising Chamber, scrutinising draft legislation. It is very different to the Commons: it is very collaborative; in the Lords one can contact the minister leading on the Bill and they will find time for you to talk through your queries or suggestions. That said, I am subject to the Party Whip, as I sit on the Labour benches, so I am expected to vote with the Government. I have had to learn lots of parliamentary custom and etiquette. I have found the whole thing extremely interesting (though I now wish I had concentrated a bit harder in my Constitutional Law lectures)."
How do you find the time for your work at 2 Hare Court?
"The Lords generally sit Monday-Wednesday from about 2pm until late into the evening (sometimes as late as 1am) and there are recesses, so it does not sit for the whole year. It also does not usually sit on Fridays. This gives me the freedom to work as a barrister as well as attend the Lords. Now I have returned to the Bar I want to concentrate on the work I particularly enjoyed, which were the investigations and inquiries that I conducted, both in my time at Mishcon and afterwards."
Alison's investigations work includes for example, the Boohoo Group PLC Inquiry into Boohoo's supply chain, commissioned following an article in The Sunday Times, alleging unacceptable working conditions and underpayment of factory workers. She also investigated the Royal Institution of Chartered Surveyors in respect of issues raised following the commissioning by the RICS audit committee of an internal Treasury Management audit. We discussed the governance lessons which can be learned from these reports, including (as seen at RICS), the danger of lawyers – whether in house or external – becoming too close to those instructing them. It is vital for all of us as lawyers to maintain independence and objectivity from those who instruct us.
What role, if any, would you like to see law firms playing now as they affect your current roles?
"I wouldn't be so presumptuous as to tell you that. However, I would like to emphasise the potential of public private partnerships. In the world of financial crime for example, it is unrealistic to expect the State to be able to fund all actions and to compensate victims. Private law firms, such as Mishcon, are ideally placed and have the deep expertise needed to conduct private prosecutions. Another key role is the vigorous and effective tracing and recovery of assets for the victims of crime, including the State where appropriate. That is why it is so important that the private prosecutions space should continue to be supported by Government. In my role reviewing legislation, I also value firms pointing out the potential impact of draft new law. Not so much lobbying, as drawing to the attention of the legislature the potential (often unintended) consequences of proposed new law."
If you could look back, what would you say now to the young Alison?
"I have a particular passion for supporting and encouraging young women in the profession because I felt very tentative as a junior barrister. I wish I had known that it was okay to feel nervous and that everyone makes mistakes. I would like to encourage young women to have the confidence to put themselves forward for roles, positions and promotions without worrying about appearing presumptuous or how it will look if they are not successful first-time round."