BRUSSELS-BASED LAW FIRMS AND THE PUBLIC POLICY ADVOCACY SERVICES THEY PROVIDE

At the outset it should be pointed out that law firms have two ways to operate in the public policy advocacy sector. Some have chosen to integrate their government relations services into their law practice, while others have established subsidiaries that operate in the government affairs space. The reasons law firms set up subsidiaries was due to the growing importance of government activity that created potential conflicts with their existing clients. Subsidiaries were formed so that law firms didn’t have to run the traditional conflicts check. Another impetus for forming subsidiaries was the need to recruit non-lawyers, especially politicians, whose connections can be priceless. Also Rules of Professional Conduct  (at least in the U.S.) prohibit law firms from sharing fees with non-lawyer employees. This restriction was an impediment in hiring top-notch lobbyists, developers, public managers and former public officials.

Whether the government relations practice is integrated or not into the law practice, it is common for Brussels-based law firms (at least the top players) to offer any or all of the following public policy advocacy services and legal counsels:

1. Legislation Analysis: As the EU legislation is becoming more complex, law firms offer a substantive expertise in many of the areas of greatest regulatory and legislation activity, including competition policy, international trade, consumer protection, the Internet and e-commerce, financial services, life sciences etc. Their substantive expertise set them apart from the typical public affairs consultancies. It also enables them to detect issues early and alert their clients accordingly.
2. Mobilizing Coalitions: Law firms assist their clients in establishing coalitions, associations and alliances to lobby on EU issues. Law firms draft concept papers to establish new groups, help recruit members, prepare terms of reference and by-laws, develop work plans, and support ongoing work to maintain momentum.
3. Direct Advocacy: Law firms act as direct advocates on behalf of clients vis-à-vis the European Commission, the European Parliament, and the Council of Ministers and provide behind-the-scene support to companies' own personnel. They also provide clients with position papers and "white papers".
4. Strategic Advice: Because policymakers in Brussels take a long term view, companies and associations need to do the same if they want to establish themselves as successful players in the process. Law firms help their clients think through their positioning in Brussels, integrate their corporate citizenship and government affairs efforts, and develop long-term relationships with policy makers.

Although law firms usually lack capabilities in areas such as public and media relations, event planning, and specialized lobbying, they usually collaborate with firms (or have acquired) firms that have such capabilities and they ensure that their work is fully integrated and consistent with their clients' overall legislative efforts.

In addition to the Public Policy Advocacy services here above mentioned, there are two additional areas that law firms get involved into: Procedural Expertise and Administrative Proceedings:

1. Procedural Expertise:  EU legislative and regulatory proceedings are governed by complex procedural rules, including consultation, co-decision and comitology procedures. Law firms guide their clients through these proceedings and identify the points at which opportunities are the greatest to ensure their voice is heard.

2. Administrative Proceedings:  EU legislation is being implemented by means of expert technical bodies to which authority has been delegated to make quasi judicial rulings on market approvals (or other business sensitive classifications) affecting individual products, pursuant to comitology procedures. Law firms assist their clients with such complex administrative proceedings as they have expertise in the rulings of the European Court of Justice setting forth the rights of defendants companies in this context.