Newly appointed silk Sam Lowery KC began his legal career at the International Criminal Tribunal for the former Yugoslavia in The Hague, before completing a master's degree at Columbia University and joining New York law firm Cravath. He then returned to The Hague to prosecute at the International Criminal Court. We speak to Sam about his decision to begin his legal career overseas, his most memorable experiences, the skills he learned and how working across different legal environments has shaped his practice.
You went to The Hague in 2004, shortly after completing a graduate position with Russell McVeagh. What prompted you to begin your legal career overseas?
I was too immature to realise that a grad position at Russell McVeagh was a great opportunity. I was more interested in adventure, and starting my career overseas felt more intrepid.
You began at the International Criminal Tribunal for the former Yugoslavia (ICTY) as an intern before becoming an Assistant Legal Officer. What did that role involve?
Financial investigations, mainly. Almost all accused at the ICTY applied for legal aid. Part of my job was to work out whether they deserved it. Some had been war profiteers, successful businesspeople, or organised criminals and had plenty of cash.
I worked with investigators to determine whether the accused were indigent (as almost all claimed) or had resources available to them (as some did). I also liaised with UN member States to determine where convicted people would serve their sentences. That work had more of a diplomatic focus, which was fun as a young guy.
You moved to the International Criminal Court in 2011. What experiences stand out, and what skills or lessons did you take away from your time there?
It was the best of times, it was the worst of times. The best was my first year. An amazing French investigator and I spent much of the year on the road in Africa, interviewing witnesses for a case about crimes committed in Kenya. It wasn’t safe to interview in Kenya, so we hopped around other countries where the witnesses could meet with us safely. It was amazing work and a real adventure.
The worst of times was when that case collapsed. The crucial part of the case was linking the crimes committed on the ground to the defendants in the dock, one of whom was Kenya’s sitting President. It came down to a few witnesses. In the end, their evidence proved unreliable, so we withdrew the charges.
It was awful because I felt we’d let the victims down. It was the right thing to do, though – you can’t run a criminal trial if the evidence isn’t sufficient.
Between your two stints in The Hague, you spent five years in New York, where you completed a master's degree at Columbia before joining Cravath, one of the leading law firms in the United States. What did you learn from your time there?
Perseverance. When I went to Columbia, I borrowed money to pay the fees and made a bet I’d be able to land a job in New York and pay it back. That was naïve. Jobs were much harder to get than I expected. I applied everywhere and received a depressing number of rejections.
In the end, I got a job at Cravath, arguably the best firm in the country. It felt arbitrary, having been rejected by so many others. I guess Cravath saw something the others didn’t. I still have the 35 rejection letters from the firms that didn’t want me – they taught me about resilience and that sometimes you fail (a lot) before you find success.
What did Cravath teach me? That I was not as smart as I hoped. Everyone was so clever and I felt like I was the first plodder the firm had ever hired. The lesson was that hard work goes a long, long way to levelling the playing field. I learned that if I gave it everything I had, I could compete and even succeed.
Cravath also taught me how to write. Learning that skill is painful but I’m grateful for it.
How has your international work shaped you as a lawyer?
The Hague taught me how to work with people from diverse backgrounds. It also taught me how fragile society is and not to take stability for granted. Some of the most stable countries in history have slipped into violence, conflict and civil wars. It doesn’t take much.
New York and Cravath taught me resilience, hard work and attention to detail.
What advice would you give a young lawyer looking to start their legal career overseas?
Be honest with yourself – about who you are and what you want.
If you want to practice in New Zealand long term, the best thing you can do for your career is stay and work here. Senior practitioners told me that when I was off to The Hague at age 23. I rolled my eyes, but they were right. In a small market like New Zealand, time at the coalface is important. It’s the only way to create a reputation with clients, judges and other practitioners.
That said, life isn’t just about linear career progression. It’s about enjoying yourself. I loved my time abroad and wouldn’t change it. Did spending a decade abroad cost me a few years career-wise in New Zealand? Sure. But it was also where I met my wife, made great friends, and had experiences that are not available in New Zealand. It also gave me some legal skills I wouldn’t have acquired if I spent my whole career in New Zealand.
My advice is to be honest with yourself about why you’re going overseas. Just wanting to have fun is a good enough reason.
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