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Commercial litigation involves the resolution of disputes arising in the corporate and commercial sectors, such as asset and venture capital projects, banking transactions, civil fraud, corporate governance, European Union/competition, financial services regulation, mergers and acquisitions, share capital reorganisations and professional negligence.
The 1999 Woolf reforms aimed to produce a fairer, quicker and less expensive system that encourages the early settlement of disputes through mechanisms such as alternative dispute resolution. As a result, fewer cases now reach the courts and larger cases are being concluded more swiftly.
Joel Heap is a partner in the dispute resolution department of Cobbetts, a leading national law firm. Bucking his family trend of becoming an accountant (“the last thing I wanted to be!”), Joel studied law at Leeds Metropolitan University, followed by the LPC at The College of Law in York. In hindsight, he isn’t convinced that doing a law degree is essential: “I much preferred the practical side of law school, so I wish I’d studied history or economics at university. Not having done a law degree is no barrier to success – in fact, those people I knew on the LPC who had converted had an advantage because the law was fresh in their minds, whereas for me, I’d done it three years prior.”
After the LPC, Joel secured a year’s paralegal work at Hammonds in Leeds, working in the litigation department with the now managing partner. However, timely news from a friend at Cobbetts alerted Joel to some last-minute trainee recruitment. He applied, was successful and started a couple of days later. He describes the training experience: “It was brilliant. I knew from my work at Hammonds that I loved litigating – the arguments, the tactics, the winning and losing (hopefully not too much losing!) – and I was lucky to be able to do three contentious seats during my training contract. However, it suddenly dawns on you that the training contract is not an extension of university with a bit of work experience thrown in – you’re there to work hard.” Joel comments that it is usually easy to spot the difference between those who have spent time working in an office environment and those who haven’t (an inability to use the photocopier is usually a key indicator).
Qualifying into the dispute resolution department, Joel found that “having so much contentious experience meant I hit the ground running, but on qualification you’re still wet behind the ears”. Nevertheless, he received lots of support and now,he’s the one doing the supporting, as a partner in the department and a trainee supervisor. He discusses his work: “A large part of the job is winning work, building client relationships and managing my team. When I receive instructions from a client, I will either delegate or get to work on it myself with an assistant and possibly my trainee. I have just finished a case that involved a local company. One of the directors and four employees handed in their notice, walked out and set up in competition next door, having taken confidential information, customer contacts and technical data. We spent an intense fortnight working very long hours, preparing to apply for an urgent injunction without notice to the other side to seize computers and documents. We were gathering witness statements, working with IT experts, instructing leading counsel, and getting information to the mercantile judge. The team on it successfully obtained an interim injunction and subsequently the parties settled, but it was a massive job. Because of its reactive nature, litigation is not for those people that want a structured lifestyle. I can have a ‘to do’ list, but then a fax comes in that turns everything upside-down. Managing clients and juggling your caseload is an important skill. There is a real ebb and flow of cases; you just have to hope they don’t all ebb at once!”
Joel specialises in the cut and thrust of emergency relief (eg, injunctions, and search and seizure), particularly in relation to disputes arising out of the sale and purchase of companies, and between shareholders and partners. He comments: “I work very closely with our corporate finance team – they do the deals, but I get involved when disputes arise. I’m lucky to have found a niche that suits me down to the ground.”
In recognition of his making partner at 29 years old, Joel was named Young Lawyer of the Year by North West Business Insider magazine. He elaborates: “The award helped raise my profile and get new business, which is a fundamental part of being a lawyer. This is a “relationship business”, and one way of differentiating yourself from the competition is to make a client a friend and not just a colleague. That way, you’ll have them for life.”
Variety is the spice of a litigator’s life, according to Joel: “I’ve never advised on one dispute that is the same as another. While the process and some of the legal principles may be the same, the subject matter could be anything. I’ve been involved with one matter to do with a collapsing slate mine in Wales, and another to do with a collapsing biscuit manufacturing process.”
And the way to enjoy that spicy variety is to hone your ability to prioritise: “It’s a key skill because of the pace with which things move. Compared to other areas, where you may have to get a letter done in a couple of days, we have to do things now! Another fundamental skill is commerciality – understanding what a client wants to achieve – and the sooner you can develop that, the better. Attention to detail is also essential. We are paid a lot of money by our clients, and we should know every detail, from every angle.”
Joel expands on some of the other things that will make you an attractive trainee candidate: “Make sure you understand where the market is going in your area of interest. The way things are done now is unlikely to be the way things will be done in 10 years’ time. In terms of a successful interview, I refer back to what I did wrong! I remember saying what I thought they wanted to hear, about being a corporate lawyer, and buying and selling companies. In hindsight, I think interview success comes from being interesting about whatever it is, be that trekking through Peru, being an extra on Coronation Street, or running a small business while at school. You’ve got to have an angle! Then there’s the same old stuff – do your research and understand the firm, but make sure you’re up-to-date. We had one person on our vacation scheme who asked me whether I thought the firm would ever move to London – we’d published the opening of our London office some months earlier!”
Finally, Joel advises against early specialisation: “Just because you enjoyed studying a particular area of law doesn’t mean you’ll be good at, or enjoy, working in it. I’m testament to that! I never thought I’d be a litigator, but I really enjoy it. So don’t pigeonhole yourself too early. I think it’s better to get as wide an experience as possible. You’ll be doing this job from early morning until late at night until you’re at least 55 years old, so you need to love it!” |
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