Ince, as one of shipping’s oldest law firms, has always been known for the length of service and loyalty of its partners.
Many have spent most of their careers at the firm, in contrast to the job-hopping that characterises most careers in the legal field.
Although things have changed over recent years, there is perhaps no better example of an Ince “lifer” — who stayed with the firm from the day he joined until retirement approached — than former partner Paul Herring.
He clocked up 43 years there, joining shortly after graduating at the age of 21, and spent the last few years at its Greek office.
Like many experienced professionals in shipping, he felt he still had something to offer, perhaps something to prove, even as retirement beckoned.
“For me, there came a point at which I still loved the day-to-day advice work, but I found litigation had become more tiring and demanding, with changes in technology and the court rules and so on and so forth,” he told TradeWinds.
“I didn’t want to stop work, because I think my wife would have killed me in a short period of time, but, secondly, I think the one thing you get out of working in the shipping business is the people you meet — and I have got to know a huge number of people in my 43 years. Many of them are my friends and not just the people I work for or clients. I don’t want to lose that contact.”
Commercial law firms can be stressful environments, but Herring said he was not burnt out in his time at Ince.
“At eight o’clock at night, ships don’t get parked until eight the following morning. It is long hours and people expect an answer very quickly,” he said.
“It is pressure, that is the nature of the business, and I just got used to it, I guess. The older you get, you become more familiar with things.”
Approaching 65, Herring retired from Ince last year. But in September, he joined the UK Defence Club as legal director.
He had known its chief executive, Daniel Evans, for many years and, while at Ince, had been nominated by defence club members to do legal work.
The relationship between law firms and mutual defence clubs, which provide legal insurance cover for shipowner members, is a complicated one.
Both are essentially competing for the legal work of shipowners. But, at the same time, defence clubs subcontract law firms to carry out work on behalf of their members.
Herring’s role at the UK Defence Club is to call on his decades of experience in shipping law in an advisory and training role.
“I will do some thought leadership, and also … maybe give a different perspective, having crossed over from becoming a private practitioner to working for the defence club,” he said.
“I think I can give them an idea about what goes on in private practice.
“I am learning on the job a bit, but I think with my experience, people will come to me and say, ‘We’ve got a situation, what do you think about this?’”
Herring’s legal expertise is mostly in sale and purchase — he has written a book on the subject — newbuilding contractual work and carriage of goods issues.
He has been involved in some high-profile cases, notably the 2011 Rainy Sky judgment in the UK Supreme Court on a newbuilding refund guarantee settlement that was awarded in the favour of Herring’s client.
Because of the high cost and time involved in litigation, there has been a move to encourage earlier settlement through arbitration or, ideally, mediation.
As defence clubs are often the first place shipowners call when a dispute occurs, they are most likely to be in a position to deliver an early resolution.
“The road is littered with the corpses of people who have turned to litigation and it has not turned out well for them,” Herring said.
The road is littered with the corpses of people who have turned to litigation and it has not turned out well for them
— Paul Herring
Shifting landscape
“In the short time I have been here, I have seen that the UK Defence Club do have an early eye on thinking, ‘Is there some way in which we can resolve this?’”
The shipping environment is also changing, throwing up unique situations that could require shipowners to call on their legal defence cover more frequently. The war in Ukraine, related sanctions and new environmental regulations are examples.
“Geopolitical and regulatory changes are throwing up questions which may have not been asked before,” he said.
