Litigation

Undisputedly, a class area of law…

Litigation, or dispute resolution as it’s also known, involves assistance with disputes and claims which may arise in the course of any commercial transaction or deal.

Such matters could arise between different companies, or between companies and individuals.

Issues which fall under litigation can range from contractual matters, banking transactions and fraud, to mergers and acquisitions, regulatory mechanisms or competition, corporate management and restructuring problems.

Why is litigation important? What does it involve?

Often when people think of litigation, they think of lawyers taking claims to court or defending claims brought against their clients. However, due to the cost and damage to business relationships that occur during court battles, dispute resolution is often used.

Most top law firms have specialist litigation and dispute resolution departments, whilst smaller or specialist firms concentrate all their resources on litigation.

Often, work as a trainee will begin by preparing documentation or conducting research on relevant laws and case histories or drafting preliminary motions before the court.

Eventually though, you will move on to more complex activities as you gain experience.

Litigators usually work closely with colleagues from other departments (e.g. banking and finance, corporate, commercial and real estate) and a whole host of other support staff.

Litigation is subject to frequent changes and developments over a period of time.

Here in the UK, there are growing trends of American style class action suits, protests against the escalating costs of litigation, third-party funding and a noticeable growth in the number of solicitor advocates.

What makes a good litigator?

A litigator requires good communication and negotiation skills. However, it’s not so much about arguing cases but making a cogent and reasoned case in favour of your client’s interests.

You’ll need to have a strong academic background and be flexible and creative when it comes to tackling new challenges.

In order to be a good litigator, you will need a keen sense of commercial awareness, good command over legal and technical principles and the ability to present facts, law and strategies in a reasoned and persuasive manner.