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Commercial property (or real estate) lawyers act for a variety of domestic and international clients - including property investors and developers, governments, landowners and public sector bodies - on a wide range of transactions, involving anything from offices and houses to retail developments and industrial units. The common legal issues include acquisitions and disposals of commercial properties, investments, landlord and tenant matters, developments and contracts, insolvency planning applications and environmental law and liabilities. A great deal of the work involves new ways to execute transactions, whether through financing, developing or co-investing. Driven by the urge to try something entirely new at university, Matthew Baker plumped for law, and although he has no regrets (apart from not playing more cricket during his uni years!), he might well have chosen differently had better advice been available from his school careers service. "I think I would have accepted a place to do geology at Durham University and then converted. Looking at colleagues and graduates these days, there's such a mix of law and non-law, and I wonder whether you come with a broader skill set if you've studied something else." With a law degree under his belt, Matthew focused his attentions on the solicitors' side of the profession - "although I know much more about the interaction between solicitors and barristers now, at the time I made my decision I thought that there was more chance for team working as a solicitor". He trained at Simpson Curtis, which is now Pinsent Masons; the firm has evolved through a number of different iterations over the years, which has kept things fresh for Matthew, who joined in 1994 and is now a partner. "With several mergers over the years, lots of new opportunities have arisen, including pitching and winning work from bigger corporates. As a property lawyer, the property addresses we are dealing with now may be better known, although the legal principles are still the same." Based in the firm's Leeds office, Matthew concentrates his practice on the contentious side of commercial property. He describes the varied workload that his seven-lawyer team handles: "The core of our business is portfolio management for commercial properties, from both the landlord and tenant perspective. So the disputes may be about ownership, rights of way or rights to light, as well as some public law work, such as planning judicial reviews. It's a really good mix. Property litigation is quite neat and compact, compared to other types of litigation, so generally a trial bundle is just two lever arch files, rather than 22!" With so many aspects to property law, "no two days are ever the same". Property disputes do tend to end up in court more often than in some other areas, says Matthew: "Property is a finite resource, which means people fall out over it or take a position to further their best interests. It also means they're more likely to fight to the bitter end. However, there are usually interesting things going on outside of the matters at dispute and people don't just sue for money, so there can be all sorts of ways to work through things and reach a solution." One high-profile case in which he has been involved has attracted a lot of attention in property circles and the legal press. HXR UK II (CHC) Ltd v Heaney involved a development in Leeds which interfered with a neighbour's right to light. Matthew tells us more: "At first instance, we secured an injunction for Mr Heaney that required parts of the building that interfered with his light to be demolished - ie, the three upper floors. The decision has sent shockwaves through the industry and reminded developers that you can't just build big buildings without first resolving the neighbour issues. Plenty has been written in the press and it's a thrill to be known for a case that's created such interest; but at the time, you're just trying to get a good result for the client." There's no doubt that the (rather lesser known) right to light has since become a hot topic in the property world. Obviously, perhaps, Matthew cites "winning" as one of the best aspects of the job, along with the "day-to-day interaction with colleagues and clients, and other solicitors and barristers; you get to meet all sorts of people, which is fascinating, and learning to read their reactions and nuances also really helps you develop as a professional". There's no danger of boredom either: "It's a constant challenge; there's never a dull moment and it's a very fast-moving field, so nothing is ever repeated." In order to succeed as any kind of lawyer, you have to be able to get your point across, explains Matthew: "Communication is at the heart of everything, whether that's over the phone, at a meeting or by email or letter. You've got to be able to communicate effectively; if you can't, you're going to have difficulty." Matthew suggests that trainees should approach their training contracts with a lack of preconceptions - anything less than an open mind could mean missing out on some exciting opportunities. He elaborates: "I think trying to sell property law to undergraduates is difficult, but I would stress that learning about the black-letter law and doing it in practice are completely different. The thing that interested me once I'd had a go was that property is a real thing that you can identify with immediately - it's a tangible asset, not an intangible concept. So I'd say, give it a chance in your training contract and keep an open mind - as you should for all your seats - and take it from there." Finally, here's Matthew's take on how to enjoy a career in the law: "You do need a bit of luck to get a foot on the ladder, but once you're there, this profession is full of opportunities. And provided you're working with a group of people who can support you and give you confidence, you evolve as a solicitor and the years just fly by. I'm an example of someone who thought they'd just give it a go! It's a career I'd recommend to anyone." |
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