Property

Commercial property (or real estate) lawyers act for a variety of domestic and international clients - including property investors and developers, governments, landowners and public sector bodies - on a wide range of transactions and disputes, involving anything from offices and housing to retail developments and industrial units. The common legal issues include acquisitions and disposals of commercial properties, investments, landlord and tenant matters, developments and contracts, and environmental law and liabilities.

Katie Helmore recalls that it was while studying property in her second year at university that "something just clicked and I decided that was it". She explains: "It may sound a bit nerdy, but I found it both really exciting and interesting. You've got to find something that you will want to come into work every day and do. For me, a key part of that was variety and not looking at the same documents day after day."

To confirm she was making the right decision, Katie applied for a few minipupillages at property and chancery sets and, having studied trusts in her third year (which she also enjoyed), did another three mini-pupillages. At the end of her degree she was convinced that her future lay in property and she successfully applied for a pupillage at Landmark Chambers.

While admitting that it's an undeniable challenge, she says that her colleagues at Landmark did everything they could to make sure that it was as painless as possible. "Pupillage is tough wherever you do it," explains Katie. "It's not an easy year - it's never going to be an easy year - but I think they made a real effort. Landmark provides a very structured pupillage and you're not kept here ridiculously late or required to be in ridiculously early or over the weekend. The latest I went home was probably about 6:30pm. People are really good at getting you to leave, because the view is taken that it's a learning process and if you're exhausted, you're not going to learn."

During her time at Landmark, Katie has seen her work develop in both complexity and scope. At first, pupils assist their supervisors and work on the same cases, even though they are considerably less experienced. "You are doing work that in reality you won't see for a while, because you're too junior," she says. "So on qualification, you come across the same sort of principles, but at a lower level."

The scope of the work also broadens, and Katie now deals with a range of matters that often cross into neighbouring areas of law. "I think there is a tendency at university to teach things in little subject boxes, whereas in practice it's much broader," she says. "I regularly look at matters concerning trusts, estoppels, contracts, negligence and so on. So practising property law includes all these elements, often intertwined; whereas at university I think there is a tendency to think it's just learning about easements and covenants."

Katie's practice also involves a lot of landlord and tenant work, which is again something she thinks is not generally covered at university. Other parts of the practice area wouldn't be considered as ‘property law' by those unfamiliar with the subject. One area of topical interest, she suggests, involves the recent student protests. "The eviction of students or preventing them from having sit-ins falls under property law," she explains. "I think people sometimes think that property is a bit dry, but actually there's much more to it than meets the eye."

The mix of work involved is varied. Katie divides her time between paperwork - which could involve drafting, writing opinions or skeleton arguments, giving advice and attending client conferences - and appearances in court. "There are lots of smaller hearings, such as possession hearings," she says. "The good thing about the property Bar in that respect is that even at the most junior end, you often find quite interesting points buried away. So even the most straightforward five-minute case can actually have some really interesting law in it."

The sheer volume of law involved does mean that the area is perhaps best suited to those who enjoy research and have the ability to look at the big picture, pick out the salient legal points and then go off to one of the many specialised texts and work out a solution.

It is also important to remember that it's not just about knowing the underlying legal concepts, but understanding about how you can use them to best serve the client. "Ultimately, the client is interested in a solution to their problem. They don't want an essay on the law," Katie points out. "You have to know your law, and it is detailed and it is technical; but you then have to apply it while keeping at the front of your mind the commercial solution your client wants. It's no good being wonderful at law and getting your client into a case with a fascinating legal point that could run to hundreds of thousands of pounds in costs when, even if they win, the reality is that they're going to get £10." As many property hearings are heard in private, it can be quite hard for would-be pupils to get a deeper understanding of what the area involves, but Katie suggests that joining one of the Inns at an early stage could prove beneficial. There is also a Chancery Bar Fair that could provide some useful information, and a National Pupillage Fair.

There is a lot to be learned from minipupillages, but when considering this route it's vital to take a structured approach: "I think it's more impressive from a chambers' point of view to identify an area t at you are interested in and visit maybe two or three chambers within that area. So if you want to demonstrate an interest in the property Bar, it will help if you can show that you have spent some time at property or chancery sets, enjoyed your time there and learned from it."

More generally, it's important to show your aptitude for thinking on your feet when applying for pupillage. "You should have a go at mooting," Katie suggests. "That's not to say that if you don't win some kind of worldwide competition, you shouldn't apply; but a lot of people applying for pupillage will have some mooting experience on their CVs and you may be asked why you haven't done it. It doesn't have to be mooting; it could be debating or public speaking - just something that gets you on your feet, not least to find out if you actually like it. If you really hate talking in public, you may find the Bar isn't really where you want to be."