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All quiet on the private equity front? The industry has been among the hardest hit by the summer’s credit crunch, the buyout frenzy of the past few years halted by the banks’ sudden circumspection. But Charlie Geffen, head of private equity at Ashurst, remains hopeful.
“After a September stall there is more confidence in the market and both sponsors and banks are starting to work on deals,” he says. “Some of which are as competitive as they were before the summer. There is no doubt the average deal size will be down compared to the first half of the year, but deals will be done.”
Geffen would say that. Few lawyers are as closely associated with the industry; he is, as Chambers UK notes, “undoubtedly one of the most famous private equity lawyers anywhere”. Just look at his list of clients — it reads like a who's who of Europe's leading buyout firms. He insists on listing all of them, lest he offend anyone: Apax, Apollo, Blackstone, Bain, Candover, Cerberus, Charterhouse, Cinven, Cognetas, General Atlantic, LGV, Stirling Square, TA Associates, Terra Firma.
The world of private equity can be notoriously cliquey and alpha male-dominated — read Catrin Griffiths’ piece in The Lawyer, “The private equity market: how to win friends and influence people”. Private equity houses tend not to run beauty contests. They know who the good lawyers are. Nor do they suffer fools. “You could put a two-year qualified lawyer in front of a FTSE100 finance director and they would add value,” Geffen says. “If you did the same with a senior private equity person, they’d eat him for breakfast.”
Geffen, 48, is of average height with dark hair, thick eyebrows and rimless glasses; he wears a grey chalk-striped suit and white checked shirt without a tie. A father of four, he unwinds on weekends by riding horses and admits to being something of a workaholic (“How do you achieve a balance?” “Most people would say I don’t”). But while he talks in the argot of the deal lawyer, of "sponsors", “mandates” and “debt multiples”, he doesn't indulge in chest-thumping.
“You don’t have to be that clever to be a lawyer,” he says. “There are very, very few people who get business because they are clever. They tend to be tax lawyers, regulatory people, that kind of thing. What I do is about relationships and about service, getting on with people. And being constantly available.”
Geffen is "not an academic person,” he admits. He was good at mathematics at high school but felt it would be too difficult at university, so he studied law instead, at Leicester. His father was a High Street solicitor but never pushed him towards the profession; rather, it was a friend who persuaded him.
Geffen found law easy because it was “boring and simple”. “It was like maths," he says. "You learn a rule and write it down. There were clever historians and English graduates who were used to writing well thought-out essays and arguments, but that’s not what it was about. You could score as many points by writing ten lines as you could in two pages, and that appealed to me.”
Geffen joined Ashurst in September 1982 and qualified two years later. It was a lucky time to start: British industry was beginning to haul itself out of the economic doldrums of the late 70s and early 80s. There was a “wave” of initial public offerings for a young associate to cut his teeth on, and Ashurst had just completed one of the UK’s first major buyouts, the privatisation of National Freight.
Back then, the market consisted of only a handful of players, their deals dwarfed in size by corporate takeovers. But that worked to Ashurst’s advantage.
“From the mid-80s to the other side of the recession in the early 90s, it was basically just us and Clifford Chance doing pretty much everything,” he says. “You got to know everyone pretty well.”
That changed dramatically as the buyout market exploded and Ashurst's rivals, particularly the US-based firms, began offering enormous amounts of money to lawyers with private equity experience in an effort to catch up. But Geffen believes Ashurst remains in a stronger position than most of their competitiors.
“The Americans have got some fantastically able people, they’ve recruited some really great guys,” he says. But he argues that they haven't got the depth and experience to match Ashurst, Clifford Chance and Freshfields Bruckhaus Deringer.
“People talk about the value of years of experience and sometimes it’s quite hard to grasp because it’s intangible. When something difficult comes up, three, four of us can sit in a room and just talk about it for an hour. That brings together a huge amount of experience. If you’re on your own in an organisation, you haven’t got that. I think that must be hard.”
Ashurst had a strong year last year, with turnover increasing 29 per cent to £275 million, making it the UK’s tenth largest law firm by revenue, according to Legal Business, a trade magazine. Partners at the top of the equity each received a reported £1.2 million.
Geffen, who sits on the firm’s management committee but describes himself as “non-executive”, is optimistic but philosophical about the firm's future.
He predicts the top end of the market will be split among six global giants (Allen & Overy, Clifford Chance, Freshfields, Latham & Watkins, Linklaters, and Skadden, Arps, Slate, Meagher & Flom) and "very high quality" specialists such as Slaughter and May and Wachtell, Lipton, Rosen & Katz.
“That global six is much more distinct than it was ten years ago,” he says. “Ten years ago there were other firms aspiring to that; now they’re not within a million miles of it."
But Ashurst doesn't fit easily into either camp. They're not on the same footing in terms of prestige and quality as Slaughter and May, but nor are they able to match the international reach of Clifford Chance.
To date, they have had success by growing organically. “Take the finance practice here,” Geffen says. “When I started, we didn’t have one. We started on the leveraged side, representing private equity firms against banks. The banks liked what they saw, then we started getting work from them.
"It’s not Clifford Chance or Allen & Overy in terms of the breadth of the product range, but in terms of what we do, we’re absolutely class. That’s an extraordinary achievement. How has it happened? I dunno. A combination of able people, energy, luck.”
But Geffen concedes that Ashurst may have to change course in future to keep up with the global juggernauts.
“There’s clearly going to be room for different types of law firms,” he says. “Macfarlanes, Travers Smith, Hengeller Mueller: they’re all very strong in their own markets and will continue to do very well. But what have seen is that it is very, very hard to go from not being a global law firm to a global firm organically. People who have tried to do that have regretted it. They’ve expanded too quickly in a slightly unfocused way and have run into challenges.
"Who knows? At the moment, touch wood” — he slaps the table in front of him — “we’re going like a train.”
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I'm a GDL student, and I have to say what Mr. Geffen is saying is completely true. All I have to do is learn cases and regurgitate them, applying the relevant rule etc. The 'critical analysis' bit only comes in for essays. If you're doing a 3 year law degree then of course it's a different case (no pun intended), but in a degree you're not training to be a qualified lawyer, you're training to be a legal academic.
I think that most of you will agree that there is a world of difference between the two. I don't think any client will care what your views are on how the law should change or to what extent the Rule in case X has been misinterpreted by the courts. Unless you're a judge, you don't have any say in how the law itself should develop. Lawyers' jobs is to get on with clients, get the form right, and solve TECHNICAL legal problems., not wax poetically about the plight of the English legal system.
Chris K, Purley,
Ok, Charlie, you are not that clever!
Happy now?
riccardo, brussels,
Its true you dont have to be clever to be a lawyer. Trust me I know. Law is NOT hard but it is hard work thats all. All I did for three years was read Nuttshells 3 weeks before an exam and I got a LLB degree at 2.2 now doing LPC and there is a myth people with 2.2 cant get training contracts trust me you can maybe not in a major city firm but thats it. On my LPC I sit with students with 1sts and 2.1's and I can match and even better them when it comes down to it they just done more reading from textbooks then me thats all but I still got an LLB degree same as them! Its a joke that city firms can only see 2.1 it dont mean anything plus they dont mind even if the 2.1 is in a mickey mouse degree that just says it all as long as it is 2.1 they dont care.
Jay Dee, London,
It's ridiculous to claim that a law degree merely comprises of straightforward memorization and reurgitating cases. Maybe that is how they do it in Leicester, but that is not what it is supposed to be. At least not in UCL where the students are urged to critically scrutinize cases and develop their own ideas which still remains coherent with the whole system of case law. 'Learning a rule and writing it down' get's you a 'pass' but nothing more.
UCL Law Student, London,
It takes brains to get JUSTICE for a client though.
Criminal law is designed to help them, so that is easy.
Those with money pay for the best lawyer and make sure to tell him what result they want, but the poor person is treated like an eejit, and often the lawyer does not take instructions from his client at all- thinking he knows better.
That is why I self represent- si it cant be that difficult then.!!!!
Lilith Barrett, Dublin, Ireland.
As a private equity lawyer maybe not. As a Criminal lawyer deciding whether to advise your client to go no comment in interview and risk adverse comment in Court and a life sentence perhaps. As a Welfare Benefits lawyer where failing to research properly an adjudication Officer's decision might mean penury (or your client's adverse mental health (even suicide)) perhaps.
The truth is probably that the higher the ladder you climb in reality the easier it might (seem to?) become. You do of course have a whole armoury of lackeys and contacts to do your bidding...
Pete Balchin, Solicitor , Bristol, UK
Yeah? Well why don't you be a lawyer then? If that is so easy and you can be really stupid and just have to know how to add up, then it seems it is just the thing for you
Law Student, Bristol,
I'm a law student in Tanzania and i totally agree with Geffen, that you dont have to be brainiac to be lawyer you just have to work hard and direct your energy towards grasping those principles and putting them into practice.
Richard Palllangyo, Arusha , Tanzania
Quote, " 'You don't have to be that clever to be a lawyer' ".
Agreed, just need to be able to add up all those fees that you charge ,win or lose. Nice.
Simon, London, UK