Developing a career in commercial litigation

There is no typical day in the life of a commercial litigator: each case is different and new, bringing
its own distinct set of facts.
A commercial litigator needs to be able to apply the law to that set of facts, evaluate the merits (or otherwise) of a claim, advise clients on their position, and help them resolve the dispute.

In some cases, disputes are resolved by negotiation before court proceedings are issued. If they are not resolved by negotiation, then they will be concluded through alternative dispute resolution methods (such as mediation or arbitration) or through court litigation, or usually by some combination of the two.

There is no denying that practising commercial litigation can be stressful. Urgent instructions from clients and compliance with court rules and deadlines can mean long hours, and clients can be demanding - after all, even commercial disputes can result in matters becoming 'personal'. Junior commercial litigators will be expected to deal with the details of a case and assist with the day-to-day running of the file, as well as carrying out disclosure exercises (which can be onerous), drafting witness statements, liaising with experts and counsel, and researching points of law which may arise.

The rewards that come with that hard work, though, are all the more worthwhile. Assisting on a case which your client wins at trial, or helping a client reach a successfully negotiated settlement of the dispute is a great feeling. Equally, working as part of a close-knit team to achieve the resolution of a case, whether by court order or by negotiation, is eminently satisfying.

Necessary skills

• The ability to assess and assimilate information:
  A commercial litigator needs to be able to get to grips with the facts of a case quickly, often considering large numbers of documents
  and correspondence in
  a short space of time and summarising them succinctly;

• Good academic qualifications: The work
  is often challenging, and requires an ability to understand complex legal arguments, distil them
  down to their essential components, and address each of those components;

• Organisation skills:
  The ability to prioritise tasks and juggle multiple cases, hearings, and court deadlines is vital, not least because the potential sanctions for missing deadlines ordered by
  the court can be severe. Preparation is crucial;

• Commercial knowledge:
  Part of being a commercial litigator involves understanding clients' motives and the commercial sphere in which they operate. While it might seem like madness to spend £40,000
  in costs fighting a 'trip and slip' case with damages valued at no more than £10,000, it might make commercial sense for a major multinational PLC to do so,
  if the client is worried about setting a precedent. Always have an eye on costs, money, and clients' requirements;

• Plain speaking: Commercial litigators need to be able to explain the litigation process, and the case, to the client in a way they understand;

• Costs analysis: The ability
  to advise a client and help them weigh up the costs
  and benefits of litigating is important. Clients will need to be advised on the likely costs of each stage of litigation to trial, and they ought to consider factors such as employee time spent dealing with the litigation rather than working, and disruption to the business resulting from carrying out disclosure exercises or attending court;

• A thick skin: Being robust is key. The ability to deliver bad news as well as good to a client and to protect their position is part and parcel of being a litigator;

• An ability to think tactically and see the bigger picture:
  A strategic way of thinking
  is essential. A commercial litigator needs to have the skills (and the patience) to deal with the intricate details of difficult cases while at the same time retaining the ability to step back and see the case and the client's objectives as a whole; and

• A questioning nature: Commercial litigators
  query the facts put in front
  of them, whether by clients
  or opponents, and seek to understand properly what it is they are being told. Never accept anything at face value.

No two days, and no two cases, are ever the same: a career as a commercial litigator is in turns frustrating and exhilarating, but always varied, interesting, and challenging. Those after a quiet life need not apply. SJ

Emily Detheridge is a senior associate at Carter Lemon Camerons and a member of the Junior London Solicitors Litigation Association (JLSLA)

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