Bowden adds that today, every partner in the litigation department has at least one variant of ADR in their case load. Despite this recognition of the need for European-wide litigation capability, many argue that litigation departments, even in the major firms, are not moving far or fast enough. This can't continue. In contentious matters the parties are at arm's length whereas there is a tendency for corporate parties to work more closely together. These two cultures can't co-exist within a single firm.
Cost is also a driver for separating the two areas.
When the litigation departments of the leading City firms were involved in the privatisation of British Rail, teams of lawyers were tied up for years. But he argues that there are measures that could be taken, such as independent profit sharing, which would allow the happy referral of work between the corporate practice and the separate litigation practice. Perhaps the answer lies in the US model, where many firms are already either exclusively litigation practices or dominated by the litigation department. So despite protestations to the contrary, Kroner's views, rather than being those of a continental lawyer trying to keep pace with globalisation, are, according to the world's biggest law firm and leading analysts, a valid strategy for the firm of the future.