Why become an insurance lawyer?

Insurance litigation remains one of the most exciting and challenging areas in which to practise, it being fast-paced and contentious. However, the area faces its own challenges with ever more work moving to a fixed-fee structure and insurers looking to tighten their belts. So why would you want to become an insurance lawyer?

It is a niche area that is often hard work, but is ultimately very rewarding and one of the few practice areas which allows lawyers to put a wide range of skillsets to good use.

What will I do?

As an insurance lawyer, you will work closely with your insurer client and their insured to pursue or defend all types of insurance claim. The work is varied and can touch on many other areas of law. I began my career by defending mesothelioma (asbestos-related) claims, but this type of insurance work was not for me so, after qualifying through the claimant route, I specialise now in claims validation, otherwise known as defendant fraud work.

Each firm in the market has its differences, including internal culture and career progression paths. If you end up in an area you don't like, chances are that there will be something else in insurance that will appeal to you. There are a number of opportunities to move around in the market and there is a variety of work out there.

How will I succeed?

Success depends on formulating an effective strategy and working with your client as one team. In my role, success is also dependent on working with skilled intelligence teams, investigators and sometimes external organisations (such as the police and the UK Border Agency) to get the evidence needed to substantiate or defend a claim.

Day to day, you need to be able to combine a heavy case load, each with its own deadlines, together with the additional administrative tasks required by clients, as well as balancing the cost benefit to the likely success. The hours can be tough. You are expected to hit chargeable time, billing and profitability targets. When your cases finally get to trial, the final preparations and the day itself can be stressful, but there is no better high than when the evidence comes together and you win your case. However, you will also enjoy interim victories along the way as the recent changes in civil litigation have opened the door to more arguments and tactics to defeat cases in part or in full, giving you the opportunity to tot up the savings for your client throughout the life of the claim.

It is important to be sociable with your team and with your clients. Many are looking for 'added value' and a good social event helps strengthen working relationships. Your team will give you support to get through the low times and will help you to celebrate all your successes. 

What are the changes ahead?

The recent changes in civil litigation have presented their own challenges to those practising in this area with the Jackson Reforms introducing new uncertainties and risks to litigation. Last year, market pressure eventually took its toll on claimant firms, with several closing their doors.

However, insurance lawyers will always be needed. Clients expect their lawyers to deliver greater value at lower cost but they rely on our high levels of technical expertise. In spite of the pressures on the market, those embarking on their career and looking for an area of law that favours teamwork, relying upon your intuition and seeking the cut and thrust of litigation should strongly consider insurance litigation as the path for them.

Sarah Oakes is vice president of Tomorrow’s FOIL, a dedicated section for young insurance lawyers in the Forum of Insurance Lawyers. She is also a solicitor for DAC Beachcroft Claims Limited.