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Commercial litigation involves the resolution of disputes arising in the corporate and commercial sectors, such as those relating to asset and venture capital projects, banking transactions, civil fraud, corporate governance, EU/ competition, financial services regulation, mergers and acquisitions, share capital reorganisations and professional negligence. The 1999 Woolf Reforms aimed to create a quicker, less expensive system that encourages the early settlement of disputes through mechanisms such as alternative dispute resolution. The Jackson report, published in January 2010, will be implemented in full and promises further change, especially in relation to damages and costs. Lorraine McLinn was wedded to the law from an early age: "I always had an interest in law, and luckily, when I tested it out, I loved it. I originally thought that I would become a barrister, attracted by the excitement and drama of court cases. I shadowed a barrister during school holidays, as well as participating in the Bar National Mock Trial Competition and mooting. However, I went on to do a number of work placements at solicitors' firms and I knew then that the commercial City route was the way for me." Perhaps this partly explains how she's ended up in commercial litigation: "It's very law based and not dissimilar to the work of a barrister, but you get more of the day-to-day client contact and hands-on case management." After successfully completing a master's in law at Durham University and the LPC at BPP, London, Lorraine bagged a training contract at Ashurst. She did seats in finance, litigation, corporate and tax - which offered a good spread of transactional and nontransactional work, and no chance of "being stuck photocopying; quite the opposite, in fact!" This extensive scope helped her to make an informed decision when she came to qualify in March 2010: "I was absolutely sure about litigation. I love the team; the partners are great - they're real characters, who are bright and inspiring." In Ashurst's dispute resolution department, lawyers generally have the opportunity to shape their careers, with cases spanning the spectrum from finance to property, competition, energy and general commercial. For Lorraine, the variety makes it the ideal place to start a career: "On any one day I might be writing letters to the lawyers on the other side, researching points of law, assisting with the preparation of case pleadings, overseeing the production of court bundles, collating evidence and working on witness statements. Liaising effectively with clients is crucial; I am currently working on a bribery and corruption case, and we meet with the client often. I also spend time with barristers, seeking advice on complex issues, preparing for court or collaborating on drafts of documents. And I am constantly liaising internally with team members and the partners, providing updates and discussing the latest developments on a case." The constant change keeps her on her toes: "I think it is very different from a transactional department. Here, it's about strategy and tactics. If the other side throws in a surprise, we have to be able to deal with it." It also requires her to be a skilful juggler: "I usually have a few cases running at once. Generally, the cases differ in magnitude and each is at a different stage in the proceedings. At the moment, I am working on a large competition damages action, which is in its preliminary stages, but when it finally kicks off, it will become very time consuming. I have two other cases that have recently settled; one was a banking dispute, which ran from September 2009, and the other was a market abuse case involving the Financial Services Authority. It is important to remember that the aim is always to put the client in the best position possible; sometimes this means trying to negotiate a settlement rather than charging into battle. Other times it may be sensible to consider alternative dispute resolution such as mediation or arbitration." While the hours in litigation may be more regular than elsewhere, Lorraine points out that "if you work in a big City firm, you will be working hard and sometimes late". When court deadlines are looming, you will have to stay at your desk to make sure everything is in order: "Document disclosure can be another very busy time, with each side producing and reviewing huge numbers of documents. It's intensive work, but notwithstanding the long hours, the run-up to trial can be hugely exciting. That's why litigation is so interesting - it involves a real dispute, which usually matters a great deal to your client." That said, this can also be a downside: "The client comes to you in the midst of a dispute; it is there because it has to be, not because it wants to be." It thus all boils down to helping those in crisis, Lorraine explains: "You have to be able to get on well with, and manage effectively, someone who may be very stressed. Good interpersonal skills are therefore essential. It is also vital to give practical, commercial advice which is tailored to the client's business aims and objectives - most clients do not want to waste time wading through unnecessarily complicated legal jargon. It is your job to source and digest the law, and then download this in a client-friendly way." So what else do you need to succeed as a litigator? Lorraine outlines some key skills: "You have to be interested in research and like the law. Obviously, you've got to be happy with the contentious side of things; able to think about solutions to problems, be strategic and tactical, as well as commercial. Attention to detail is very important, particularly as a junior lawyer - if you have sloppy documents, people will assume you're sloppy. Everything must be carefully checked and proofread." Volunteer work, a stint at Citizens Advice, pro bono work and mooting will all impress, as they demonstrate an interest in contentious law. And work experience is invaluable: "Get as much of it as possible. Test out different firms, because the culture in each will be different, even if they look almost identical on paper. Vacation schemes are an important part of the graduate recruitment process; if you shine during your scheme, you could be halfway to a training contract." When it comes to applications, Lorraine recommends that budding litigators check out which firms are ranked highly for their litigation departments and, if possible, target those. However, if you're still not sure exactly which area you are destined for, fret not: "Don't panic!" she advises. "I think at the early stages, it's more about deciding between, for example, commercial or crime, City or high street." If you approach things with an open mind and do as much work experience as possible to help get a feel for the different areas, you will inevitably find your niche. With the Bribery Act 2010 having just entered into force, the bribery case which Lorraine is currently working on feels very of the moment; and both as a trainee and since qualifying, she has enjoyed being a part of several highprofile lawsuits. Although admittedly she felt she "had been thrown in at the deep end once or twice", she acknowledges that they were "invaluable experiences". Qualifying in March 2010 was also a particularly proud moment. Since then, the "stimulating work, exciting law and great people" have proved a winning combination. It's no secret that you have to work hard, but with that comes satisfaction, says Lorraine: "It's the nature of the beast - it's challenging, technical work, and you have to keep on top of the law." |
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