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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 governmental bodies to major companies and partnerships. Riaz Hussain is a barrister at Atkin Chambers, the first UK set to specialise in domestic and international construction law. Riaz went to University College London and studied law: "I'd done economics, history and politics at A-level. I enjoyed debating, so law seemed like a good professional course. I was open to other options as well, but once I'd started the degree, it seemed like the natural way to go." Riaz narrowly escaped becoming a tax consultant with now defunct Arthur Anderson by virtue of being awarded the Prince of Wales Scholarship to do the BVC, after which he did his pupillage at Atkin. Riaz's practice incorporates all aspects of construction and engineering disputes, including those involving defective works claims, delay claims, professional negligence and general contract and tort matters. He explains the sort of thing he does day to day: "In terms of cases, it can be anything to do with something being built; so that could be a building, a plant, a transport system, even software. The dispute will tend to arise because something's defective, or it's taken too long or cost too much. Within that, we get all kinds of issue arising, such as bond and banking issues or more bread-and-butter contractual issues. I recently did a trial concerned with whether a contract existed at all." Called to the Bar in 2001, Riaz is still at the junior end of things and he explains the implications this has for the type of work he sees: "At the junior stage, your practice is divided in two - you're either on your own, in the county court for three or four-day trials, or you're being led by a silk in the High Court or in an arbitration overseas. The clerks are good in that they'll give you some latitude in deciding what kind of work you want to do, but it tends to even out over the years. So I started off doing lots of work where I was led, with around 70% of that being work overseas. Now, however, I'm doing much more work by myself because I wanted to get more experience on my feet. So it's a good mix. And it's not like some commercial fields - you really do get to do a fair bit of your own advocacy." Riaz observes that the working timetable varies hugely, depending on what's going on at the time: "If you're in court or a hearing, then it's full-on and you'll be working 12 to 14-hour days. But if it's a regular day and you're not in court, you can probably afford to come in when you please or work from home if papers permit. I'm usually in about 9:30am and will check my emails and return calls, attend conferences and then leave about 6:00pm. I have most weekends off unless I'm coming up to a hearing. You get control from day one here and there's no ‘baby barrister' clocking-in system with the clerks. You also get your own room straightaway, which gives you a level of freedom, with your own space." Riaz describes one of the most memorable briefs he's worked on: "My highlights are my successes in arbitrations or hearings. I was involved in a really big ICC [International Chamber of Commerce] arbitration for nearly two and a half years involving the design and construction of a petrochemical plant in Jordan. My client was the defendant and I had to go on site and basically live there for a while and prepare the defence. I got to know the client well and we had a very successful result in the hearing, so that was good." Riaz most enjoys the cut and thrust of the courtroom, with cross-examination and general advocacy continuing to excite. More generally speaking, it's the independence - "not having a boss from a very young age" - and access to high-level, exciting commercial work from the start that he gets a kick out of. The downside is closely related: "It's the flipside of being self-employed - when you've run it all yourself, it's difficult not to take the losses personally." The skills needed in this field are those that apply to the Bar generally, Riaz suggests: "First, you need intelligence and an ability to see the broader picture even when there's a large amount of detail. You've got to be able to separate the wood from the trees and be alive to the finer points within that. It's also important to be articulate - there's no point knowing the answer in your mind; you have to be able to convince a judge or tribunal of it. Particularly in construction, you have to be able to deal with working in stressful situations and there's always lots of paperwork to get on top of. Generally, you have to have a lot of self-assurance. There's a high level of responsibility from the beginning, with big commercial clients relying on your answers. A thick skin helps too!" Finally, Riaz has some sound advice on what to do if you're looking for pupillage at a commercial set: "Don't let nerves get the better of you and try not to give rushed answers. The interviewers will know that you've only had 10 or 15 minutes to look at a problem question, so if you're thrown, don't just give your first answer. Rather, say that you need more time. Don't be shy! An interview isn't a memory test, it's a test of your reasoning skills. If you can't remember the law, just say so and work from principles. However, you might like to brush up on the basics of contract law before the interview." And of course, knuckle down at university: "You need to work hard at your studies. A good degree will get you an interview, regardless of whether you've done law or nonlaw, and a good 2.1 is within your control." |
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