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Contentious construction work involves the resolution of disputes by way of litigation, mediation, adjudication or arbitration. Non-contentious work involves drafting and negotiating contracts and advising on projects, insurance, health and safety, environmental matters and insolvency. Clients range from industry associations, insurers, contractors, architects, engineers, public authorities and government bodies to major companies and partnerships. Although the daughter of two teachers, Lucy Garrett had no inclination to follow in their footsteps to the staffroom. Instead, she wanted to find her own professional challenge in life. "I wasn't sure what that was when I graduated," she explains, "so I took a year out. I found out about the Bar and thought it sounded interesting so, almost on a whim, enrolled on the GDL." After the course, Lucy headed to 2 Temple Gardens to begin pupillage - a year she remembers as the hardest of her life, but "absolutely brilliant" in terms of mental stimulation. "I arrived on my first day of pupillage and realised I was going to have to up my game hugely," she recalls. "That was genuinely exhilarating. I think a lot of people who are academically quite bright find that school and university don't always push them to their intellectual limit; there's always the option to be a bit lazy. But at the Bar there's no scope for that - you have to get it right first time, every time." Two and a half years after completing pupillage, Lucy moved to Keating Chambers, where she now specialises in construction disputes. These arise when any kind of building project (from ships and roads to hospitals and oil wells) either takes too long or costs more than expected. As a result of the vast quantity of construction work going on in developing countries, there's frequently an international slant to her work. "It's not just industrialising nations either; you only have to look at the amount of cranes on the London skyline to see how much construction work is taking place here too. When there's any large building project, it's almost inevitable that somewhere along the line, something will go wrong - that means there's always going to be work for people like me." What makes Lucy's job so interesting is that in order to argue a dispute, she has to learn intricate detail about technical points, understanding them to such a degree that she can cross-examine an expert in the field - be that an engineer, concrete expert or naval architect. She explains: "It's fascinating to learn about these things and it's very rewarding when, at the end of it, I am able to pick holes in a technical report or identify something that the expert failed to pick up on. If you're prepared to ask lots of questions and not assume that if you don't understand something you're just being stupid, you can quickly get to a stage where you can analyse the facts of the case better than the engineer. Doing that and then going to court and winning the argument is a lot of fun!" Lucy appears in court two or three times a month. Although she spends less time on her feet than some barristers practising in other areas, when she does get before a judge she's making serious applications, usually in the High Court, or working on trials that can last for long periods of time. A particularly memorable case for her was the "epic" Wembley Stadium construction litigation. "By time we got to the final first instance trial, there had been three trials and five trips to the Court of Appeal," she explains. "I was still quite junior at the time, but at the final trial I did a lot of advocacy and would be in court for days at a stretch. Mr Justice Jackson (now Lord Justice Jackson) was the tribunal judge; he is very sharp, so we really had to be on top of our material. I realised how different an experience it is making submissions in front of your and your opponent's QC, plus your and your opponent's team of barristers and solicitors, when you're used to making submissions on your own in front of a judge." Along with the advocacy and complicated technical concepts which she must get a handle on, Lucy relishes being able to take charge of a case and direct the strategy. "I like being the one who gets to boss everyone about, make the decisions and dictate how we're going to play it tactically," she says. "To be a barrister in any discipline, I think you have to enjoy telling other people what to do to some degree." To thrive at the commercial Bar, you also need to be bright, but with a certain brand of intelligence that Lucy describes as a mix of shrewdness and common sense. In reality, you need a firstclass degree if you're going to stand a chance of success: "Although my chambers doesn't have a firsts-only rule, in practice, in order to make yourself stand out above the hundreds of other applicants, you need a first or a distinction in a postgraduate qualification." It's the actual grade rather than the subject that's important, so for this reason Lucy recommends picking whichever subject you'll enjoy most and do best in. Along with a flawless academic record, you also need to be personable and an excellent communicator. "You have to be able to get on with your clients, such as contractors and developers. They want to be spoken to clearly and directly, and won't stand for anyone patronising them. Because you are dealing with experts a lot, you also have to be willing to ask lots of questions about very technical points without worrying that you'll look stupid." Follow these sound words of advice and you too could find yourself building the foundations of a rewarding career in construction. |
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