Guy Hewetson +44 (0)20 7269 6805    Anil Shah +44 (0)20 7269 6804   

Guy Hewetson and Anil Shah interview Mark Engelman, Head of IP, Hardwicke Building

Your legal career started at the Bar and then you spent time with a magic circle law firm, and then in-house with major companies including The Body Shop. What made you ultimately return to the Bar?

I always intended to head for independent practice at the Bar. I believe wholly in individuals gaining experience outside independent practice before being thrown into the court environment. Dunlop/Slazenger gave me the first taste of building a legal service in-house from scratch and as a profit centre rather than a cost centre. Those profits were derived from the royalties received through the licensing of the Dunlop/Slazenger brand globally which created a significant revenue stream.


What was the most unusual matter you had to handle at The Body Shop?

I dealt with the Kayapo Indians of the Brazilian rainforest for the purchase of brazil nuts for The Body Shop shampoo, which is still sold today. Also as Head of Intellectual Property (IP) I tried to get the White Musk brand back under the control of The Body Shop. I tracked down a buyer at British Airways for the purpose of obtaining evidence for protection of the brand but ended up involved in closing a multi-million pound deal to supply Body Shop toiletries to BA instead for its Club Class passengers. The Body Shop built a new warehouse facility directed purely to that purpose.


Why a Greenfield site at Hardwicke Building?

Hardwicke Building had the feel of The Body Shop because of its informality, whilst at the same time offering high level commercial adversarial services. I have always relished developing businesses and Hardwicke has been very supportive in allowing me room to put in place all the things necessary to create a specialist IP team of advocates.


Hardwicke was not listed for IP before you arrived and you are now ranked in the specialist directories - that are a fantastic achievement. How did you achieve this?

My emphasis is on recruiting the right people - this includes getting the cultural mix right as well as their technical skill set.


What advice would you give others who are maybe thinking of making a similar move?

I have sat on The Gray's Inn and The Bar Council Education Committee, working closely with judges and barristers from other disciplines and, more importantly, students. I feel I have spent a lot of time talking to new recruits to the Bar. It's important to get a grounded experience in the commercial world in an area you are passionate about. It is always easier working in a job that is also a hobby - and then get back into pupillage. All of the members of Hardwicke's IP team have previously worked in roles within the commercial world in either IT or science before specialising as IP advocates.


What would a chambers need to have in place to accommodate diversifying their practice areas?

Courage, confidence and a belief in its recruitment process.


Have the recent market conditions had an effect on the world of IP?

Our revenue projections, both in respect of billings and receipts, are on target. Those figures were not weighted to accommodate for a recession. Hardwicke has recently moved into the top 30 sets of chambers because of its year-on-year increased billings. Our IP team has performed well against target by increasing its billings through organic growth.


What is your plan for the IP practice at Hardwicke Building going forward?

We are now listed in the 2 main legal directories, Chambers and the Legal 500 - we hope it can only be a small step to find ourselves in every patent, trade mark and IP lawyers' personal directories!


What's the most the valuable experience you have brought back to the bar from your in-house positions?

I feel that having been placed in the role of lawyer and businessman I tend to try and find solutions for clients which are both legally and commercially based. If litigation would succeed but would place the client in a poorer financial position, I would deter the client.


What effect do you envisage the Legal Services Reform having on your practice?

Bizarrely, having come to the Bar after a long period as an employed barrister, I scorned the apparent pomposity of the self-employed Bar. Now I rue the loss of its formality which is being slowly eroded by the reforms at a superficial level. I harbour concerns over the introduction of multidisciplinary practices because I believe the Bar's independence, like that of the press, should remain one of an individual's most powerful weapons.


Mark Engelman, Head of IP, Hardwicke Building was interviewed by Guy Hewetson and Anil Shah, of LPA Legal Recruitment's Barristers Chambers division, for Counsel Magazine (November 2008)