Each month one of our trainees will write about what it is like to be on the graduate programme at Gordons and share their observations and experiences of life as a trainee lawyer.
2nd year trainee, Colin Maclean, talks about his time spent in Gordons' commercial litigation department.
No two days are the same in commercial litigation. Whilst I hold my hands up that this may be perceived to be a simple and unimaginative cliché, it is a perfect illustration of life as a trainee in this energetic and dynamic department.
The majority of the work I undertook in this seat was for a large insurance client. This would involve either adopting a claim that had previously been conducted by a fellow trainee, or receiving the initial file from the client and assessing the documentation before drafting a letter of advice as to the merits of any potential claim and our advice going forward. As such, I was responsible for progressing about fifteen files, though I was actively supervised at all times by a Partner.
The type of work varied greatly, as did the type of claim. I could be working on a claim relating to nuisance as a result of an oil leak one minute and then a claim of negligence for fire damage resulting from careless workmanship the next. On a daily basis I could, amongst other things, draft letters of claim to the ‘at fault’ party, liaise with the other side’s insurers and/or loss adjusters, take witness statements, arrange for experts to attend a location to prepare a report, propose a formal settlement offer on behalf of the client or draft formal pleadings to the court. Throughout the day I would also receive phone calls and emails from the client, other side, or third party on an unrelated matter, therefore it was essential that I was up-to-date on all matters and able to discuss various different issues at any given time.
Given the size and scope of the department, I was also actively involved in a diverse range of matters aside from the insurance work. On a daily basis I could do one or more of the following:
- attend client meetings and become actively involved in a matter from the outset;
- handle straightforward debt claims, involving drafting Statutory Demands, Bankruptcy Petitions or other formal court documents;
- attend court for a variety of purposes, ranging from accompanying a fee earner to a hearing or attending on my own to personally conduct an application;
- attend a site visit to assess the merits of various land/personal disagreements; and
- undertake research tasks with varying degrees of urgency.
Whilst keeping on top of the work could be challenging at times, it provided me with invaluable experience. I greatly improved my telephone manner and drafting skills, and enjoyed the responsibility of running my own files and generating a rapport with the client, with whom I became their first point of contact. Alongside my supervising Partner, I assumed the responsibility for billing clients and ensuring that all the accounts were up to date and in order, which will be essential upon qualification.
Personal Highlights
- Attending a mediation day at Nottingham Racecourse with a solicitor in the department. It was a very long day (18 hours), and although a settlement was not reached, I was able to experience at first hand the tactics, pressure and negotiation techniques involved.
- Attending court on my own to make a successful application to the Judge.
- Dashing to court on a number of occasions to file an application with minutes to spare.
- Becoming confident enough to conduct my own files.
If you wish to experience a difficult and challenging area of law, where patience, tactical foresight, teamwork and the ability to roll your sleeves up and apply yourself to an unfamiliar task at the drop of a hat are essential, then look no further than Gordons’ commercial litigation department. As I said, no two days are the same.