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A popular misconception is that this area of law is just about employment contracts and HR. In fact, employment lawyers can be expected to handle all areas of employment law, including discrimination and unfair dismissal claims, flexible working, data protection, workplace monitoring, restructurings, transfer of undertakings and High Court claims for breach of restrictive covenants. Trainees are likely to assist with the employment aspects of corporate transactions and preparations for tribunal claims, attend hearings and meetings with clients, and draft employment documents. Andrea London is a partner and head of employment at Rosenblatt Solicitors, a London-based corporate practice that is renowned as one of the few firms outside the magic circle to be listed as preferred lawyers to FTSE 250 clients. As Andrea's mother worked in a solicitors' office, she was inculcated in all things law from a young age; and upon observing the work of solicitors and barristers at court, she determined to become a lawyer. Her route to qualification was slightly unusual, in that before concluding her formal training at niche Holborn practice Cumberland Ellis LLP, she spent five years learning the ropes as a paralegal at Salans and Lovells. With all this experience under her belt, the training was less about learning the trade and more about deciding on which area to specialise in, along with building on existing skills and knowledge. "I didn't feel that I was treated as a trainee," she reflects. "Regardless of age and experience, though, if you show enthusiasm for every seat, work hard and apply yourself, there's no reason why you shouldn't be given similar responsibility for clients and cases as a qualified solicitor. I find that generally if you act up to the role you want, people will treat you accordingly." Andrea qualified into commercial litigation, but six months down the line she realised she much preferred the employment law aspects of her workload (which she handled approximately 40% of the time in litigation). When an employment assistant role came up a year later, she went for it and was offered the job. Andrea moved to Rosenblatt in 2005 and became head of employment in 2008 - a role that, despite the necessary management aspects, still allows her to take the lead on complicated and interesting cases: "If a large or challenging case comes in that requires all hands on deck, I am at the forefront, which I really enjoy. Being at a more senior level means that I do supervise more cases, but the size of the firm and its partner-led ethos mean that I still get to engage with clients and run cases on a day-to-day basis." Rosenblatt's employment practice is particularly broad, so Andrea can find herself immersed in a range of vastly different cases. She explains: "In addition to employment tribunal proceedings, noncontentious work such as drafting employment contracts, service agreements and staff handbooks, advising on redundancy procedures and High Court work (eg, injunctions, breach of contract claims and restrictive covenant/employee competition issues), we do a large proportion of what is generally known as ‘corporate support'. That means that in any corporate transaction where employees are involved, we'll assist from due diligence to completion. I love the variety. I never know what I'm going to be dealing with from one day to the next; I could put down some policies I've been drafting and pick up instructions on an injunction that requires we go to court in the next few days. Without question, this is such a fast-moving area of law that you learn something new every day. In fact, you shouldn't go into employment law unless you want to do that - even if you have two scenarios that are seemingly similar, they never are when you drill down to the detail." Those who are seriously considering a career in law will be aware that the legal landscape is changing dramatically as a consequence of both the recession and the Legal Services Act. Employment law has and will be affected by both of these, but not necessarily to the detriment of practitioners. "The types of issue we advise on have changed significantly, and it is notable that employment law has become much more litigious," explains Andrea. "Whereas our employer clients have always generally been inclined to litigate, we now find that employee clients are too, because they've got nothing to lose as the job market is so dire. We undertake both claimant and respondent work, which gives us a more rounded view of a case, enabling us to consider, assess and advise on matters taking into account both aspects. The work is different, but there hasn't been any dropoff in terms of volume - we simply have more of the smaller cases and fewer large ones." In paving the way for the introduction of alternative business structures, the Legal Services Act is also substantially changing the legal services market - and one of the key ways that lawyers need to adapt is by becoming more marketing savvy. "We're going to need to become better at selling ourselves if we're to compete in the market," warns Andrea. "In all types of law these days, speaking to clients, persuading them to use your firm and building a relationship is imperative to career success and moving up towards partnership." Along with the ability to build connections with clients, particularly in employment law, it helps if you're not averse to public speaking. Andrea explains why: "It's always an advantage in this area of law, because giving presentations and seminars to clients and colleagues on the latest hot topics in employment law, or aspects of your field which may impact on them, is a great way to inform your clients and keep in touch. And depending on the type of firm you work in, you might do your own advocacy in court and/or tribunals - perhaps because you want to or just in order to keep your clients' costs down. In a corporate firm like mine, it is generally more cost efficient to instruct a barrister to undertake any necessary advocacy. In a smaller firm or a high-street practice, you're probably more likely to be on your feet. In the firm I trained at, for example, we did all our own pre-trial advocacy. Not only does it make you more confident, you have to get to grips with your subject and you learn to speak very articulately." She emphasises that in addition to good communication, an employment lawyer is well served by such attributes as pragmatism, commerciality, enthusiasm and flexibility. Before jumping into employment law, Andrea recommends obtaining some legal and general business experience and in particular getting some idea of what it is like to work in an often pressurised office environment. She also warns against specialising too early. "It is somewhat premature to leave university with your chosen specialism already set in stone," Andrea says. "I think it's much better to go into your training contract with some idea of the area into which you may want to qualify, but keeping an open mind. The most important thing is to work hard in in every seat. No matter which department you happen to be in, you will, without fail, learn invaluable skills that will stand you in good stead for your future in law - whatever your chosen specialisation." |
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