The dispute between Field Fisher Waterhouse and Dr Mark Abell, its head of IP and Tech, has turned into a full on playground spat after it emerged that Abell has instructed Herbert Smith Freehills to represent him against FFW.

Abell was suspended by FFW at the end of January after he announced that he had "outgrown" the firm and was off to Bird & Bird. He said that he'd "been in negotiations with the firm for an orderly and good-natured exit" and was mystified as to why it was being so hard on him. Hmmmm, possibly that's because, according to RollOnFriday sources, he'd presented the firm with a lengthy letter from Herbert Smith explaining how he could drive a coach and horses through its partnership agreement and was entitled to go wherever he wanted whenever he wanted.

FFW took its own advice from Winckworth Sherwood, told Herbies to sling its hook, and sent Abell off to sit at home with his thumb up his fundament.

  That's another cunning plan, Baldrick

And there he still is, as both sides continue merrily to brief against each other. The Lawyer reported that Abell controlled around £15m of revenue, while insiders at FFW mutter that the true figure is about 10% of that. Ultimately neither side emerges with much credit, and Bird & Bird must be wincing at all the bad publicity surrounding its new hire. So much so, in fact, that it has declined to confirm his appointment.

Neither Bird & Bird nor FFW would comment.

Tip Off ROF

Comments

Anonymous 22 February 13 08:09

This all bodes exceedingly well for Two Birds. I am sure the partnership is greatly relieved to see a new partner arrive who clearly knows how to work well with other people. I am sure the move will be a great success.

Anonymous 22 February 13 09:55

£15m book of business and the highest paid partner at FFW gets less than £700k according to their accounts? Sounds like 2 birds are going to enjoy a substantial dash of hyperbole with their latest toy.

Anonymous 22 February 13 12:43

OK, he brought in more cash (so everyone's always been told) than anyone else in the firm. Absolutely not £15m but equally much, MUCH more than 10%.

Don't know about "accounts" but, from comments from those who were definitely in the know + accounts info/sight of generally (why on earth do these people think drawings are "secret", he was head and shoulders above all other partners + because of that and other reasons, was subject of much envy/loathing.

Oh well, fractures sadly inevitable, only surprise is that it has taken so long!

One thought (could be totally wrong re this) but the (not so slow) descent seems to have gone nuclear post Moira Gilmour - missed in many more ways than one methinks!!!!!!!!!

Anonymous 22 February 13 13:01

@anon 12.43
'he was head and shoulders above all other partners'

Hmmm, I wonder who could have written this modestly worded comment?

Presumably it was written by a big-hearted, well-wisher.

Anonymous 22 February 13 13:22

Perhaps FFW should stop all this nonsense, move on and concentrate on actually trying to win some clients. Oh I forgot, for that to work, they would need some partners that are actually capable of doing that and unfortunately they are a dwindling minority - there's none in real estate anymore, maybe a handful in corporate and, of course, the new Captain of the titanic.

Anonymous 22 February 13 14:53

"he was head and shoulders above all other partners + because of that and other reasons, was subject of much envy/loathing."

I love comments like this. Any article on The Lawyer website on Mark Abell is usually filled with comments from anonymous "clients" saying how great he is and how badly FFW has treated him.

Anonymous 22 February 13 15:56

If ever there was a brilliant reason to have confidentiality/compulsory mediation clauses and arbitration provisions, FFW and Abell's spat is it...

Anonymous 22 February 13 16:11

One wonders why, if he really has a £15m portable book why isn't he moving to a US firm where he'll be rewarded a level which is appropriate to that sole rainmaker level.

Anonymous 22 February 13 17:09


I have rarely felt more ashamed to be a lawyer than when I heard Abell's absolutely horrendous, cringe making performance on the Today programme. Quite what 2Birds think they are playing at I simply cannot guess.