CMS partner Matthew Brown discusses the evolution of energy law, the importance of diverse career experiences, and his advice for aspiring energy lawyers
In the rapidly evolving world of energy law, lawyers have an increasing need to stand at the meeting point between law, policy, and climate change. Matthew Brown, partner at CMS specialising in energy, projects, and construction, has varied experience standing at this intersection. From working inside the UK government, to in-house experience at LexisNexis, and latterly within the CMS Climate Change Group, Brown has a unique perspective on what it means to be a lawyer working in energy. In conversation with Legal Cheek, I sit down with Brown to discuss what students and tenured professionals can seek to gain within such a dynamic and socially important practice.
When asked to recount his career journey, Brown reflects on a journey that has evolved alongside with the growth of the renewable energy sector. “I qualified in 2009, just as the renewable energy sector was starting to hit its stride,” he says. Initially qualifying into the projects and energy team of a national firm, Brown quickly identified energy as a specialisation that was not only growing but also crucial for the future. “It was at that point when there were lots of wind farms being built, a significant number of solar farms being developed, and lots of regulatory change” Brown recalls.
This period offered him a unique opportunity to be part of a team carving out a niche in what was then an emerging area. “I identified that as a kind of new area,” he explains, describing how renewable energy, with its blend of law, policy, and politics, kept his work “interesting from lots of different perspectives.”
After a two-year stint as a senior solicitor in-house at LexisNexis, where he helped launch their energy-focused content, Brown then joined CMS. “Since I’ve been at CMS, the sector has continued to grow. All sorts of different clients are now very interested in talking about energy, particularly green energy, and that doesn’t show any signs of changing.”
One of the defining features of Brown’s career has been his secondments, most notably with the Department of Energy and Climate Change (DECC) and the government owned Low Carbon Contracts Company. Reflecting on these experiences, Brown says: “The secondments were probably among the most important things I’ve done in my career. The opportunity to work with government provided valuable insight into how policy is made and implemented, particularly in the area of renewable energy,” he says. “Having a bit more understanding of how economists are coming at things, how the accountants are coming at things, and then in the case of my secondment, how government are making policy around renewables… it was all incredibly valuable.”
His time in-house as a senior solicitor LexisNexis also offered a unique learning experience. “Working there was interesting because LexisNexis is a completely different type of business,” he recalls. “They’re not selling time, like a law firm, but content and technology.” This provided Brown with a fresh perspective on the legal market. “It was my opportunity to focus exclusively on the energy sector… and it certainly gave me that!” he adds. Having the opportunity to work in-house or on interesting secondments is one of the undeniable attractions of working in energy law. “You have the opportunity to work with people across varied skillsets and bring a different perspective back into a law firm environment,” he says.
In recent years, Environmental, Social, and Governance (ESG) regulations have become a focal point for businesses and legal practitioners alike. For Brown, who works as part of CMS’s Climate Change Group, ESG is an area that overlaps significantly with his practice. “There’s a lot of crossover between renewable energy projects and ESG,” he notes. “Clients are looking at how they can use green energy to meet their ESG goals.” The challenges of navigating both ESG and energy regulations are significant, but they also present opportunities for law firms to add value by offering legal and wider commercial advice, he tells me. “We often work alongside our environmental team to ensure that projects align with both energy and ESG requirements,” Brown explains, highlighting the importance of collaboration in a modern legal practice.
Looking ahead, Brown sees the government’s current focus on building infrastructure to support green energy as crucial. “The real challenge is no longer just producing green power, but getting it from A to B. The infrastructure that supports the transmission of energy is one aspect where the focus needs to be,” he says. With policy makers taking steps in this area, including bringing the operation of the National Grid into public ownership. “The regulation and duties around them have expanded,” he says, describing the changes as a “real change in the market”. Brown believes that there will be ever more focus on regulation and the need for investment in energy infrastructure.
How are these changes going to impact your practice? I ask Brown. “Anyone that is trying to connect into the energy networks, whether that’s consumers or power generators like wind or solar farms, will be interfacing with our power networks,” he replies. “This means that changes in this area have a very wide ranging relevance to all whole host of organisations and energy lawyers in the space need to carefully consider the impact on their clients.” Brown explains that whilst it’s “very early days as to what this means in practice”, these changes will be relevant to a wide array of energy projects.
For aspiring lawyers, energy law is an area of growing importance. Brown sees it as a sector that offers a range of opportunities for those willing to engage with its complexities. “It’s not a traditional practice area where you can focus on a specific legal discipline” he says. “Energy law touches on a whole host of legal practice areas, from pure regulation, to commercial contracts, to transactions, and it’s increasingly important to be able to navigate between these and the wider context.” When it comes to standing out in applications, Brown advises prospective energy lawyers to demonstrate a genuine interest in the sector. “There are different ways you can succeed and find your motivation, but it’s important that you find the sector interesting. Whether you’re into the technology, the political angle, and/or the regulation of the sector there’s potentially a role for you in energy law.”
He also stresses that energy law requires adaptability and collaboration: “You’ll be interfacing with a lot of different teams across a law firm,” he says. “Having that kind of interest in looking at different areas and a bit of breadth to how you approach things is pretty important if you want to go down the energy route.”
As the interview to a close, Brown provides some key advice for CMS training contract hunters. “I believe a strong desire to work for an international organisation like CMS UK is key, especially when it comes to engaging with a diverse range of colleagues who have a global perspective,” he begins. “Building long-term relationships with clients and serving as a trusted day-to-day point of contact offering expertise across a variety of issues is central to the CMS ethos. Aspiring candidates should focus on this aspect, as it reflects the kind of collaborative and client-focused environment we value at CMS.”
Matthew Brown will be speaking at ‘Understanding international law firms — with CMS‘, an in-person event taking place today (Monday 14 October). This event is fully booked, but you can check out our upcoming events.
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