I think that one of the most valuable things that you learn when you start your training contract is letter writing skills.  This is something that you will think you are already able to do like I did when I first started.  However, I remember during my LPC I was informed by tutors that many firms had contacted law schools to complain about the low level of letter writing skills that trainees possessed when they were starting at firms.  As part of the LPC we therefore had to do a short module on letter writing skills.  Whilst this was useful to a certain extent, like anything else, you cannot truly appreciate and develop the necessary skills involved until you put them into practice.

When I first started and was dealing with simpler matters, the letters I drafted were quite straight forward and, more often than not, there would be a good precedent you could use to steer the way.  However, when I had to draft a letter, everything was questioned from my sentence structure to my grammar (which I must admit I found difficult to take at first!).

However, as I have progressed on to working on more complex matters, my letter writing skills have developed and I now feel more confident in drafting lengthier strategic letters.  Further, my grammar is (thankfully!) very rarely questioned these days.  This is something that comes with time and experience it is important to remember that there is always room for improvement.  My next big step is to draft a lengthy Letter of Claim on a fast track matter which is a thought that fills me with a certain amount of dread.

I suppose one of the top tips I can give is not to rely on a precedent blindly and hope that this will suffice.  If it were that easy then we would not need lawyers in the first place!  Of course building up a precedent bank is essential but you must always consider the content of the precedent and what is and is not relevant to the matter at hand.  Don’t be afraid to add points in if you think they are relevant as it may be that you think of something to strengthen your client’s case that has not previously been thought of.

As a trainee solicitor you have already passed some quite heavy exams and it is hoped therefore that your writing skills are already of a high standard.  I think the main challenge is ensuring that you fit into the firm’s style and to take all criticism as constructive in order to ensure that you improve.

Until next month,

Kimberley

First of all, Happy New Year.  The start of the year at Mason Hayes has been rather hectic as we have been instructed on several large matters simultaneously and there has certainly not been time to ease back in gently after the Christmas break.

Throughout my training contract I have been involved in many mediations and without prejudice meetings.  These have ranged from conducting telephone mediations with the Small Claims Mediation Service to assisting on mediations regarding multimillion pound disputes.

Just recently I had the opportunity to be involved in a tri-party mediation on a larger matter.  The parties were poles apart prior to the mediation but it was hoped that a commercial deal could be made on the day or, at the very least, the issues between the parties could be narrowed.  As a firm, we do not believe that matters cannot be settled simply because the parties have disagreed prior to the mediation.

Unfortunately, on this occasion, the matter did not settle on the day.  Whilst I obviously feel the frustration on behalf of the client, this does not mean that there were no positives to be taken from the day.  Often, a mediation gives you the opportunity to clarify certain issues and to understand the arguments that the other side will be making against you.  Sometimes certain smaller issues can be agreed upon and this at least carves out a path forward for a potential settlement.

In a mediation, the most important thing to remember is that you are there to try and cut a commercial deal and to prevent the parties from incurring further unnecessary legal costs.  It has been very interesting for me as a trainee to observe different mediations and see the differing tactics that opposing parties have used and whether they have come to fruition on the day.  I have witnessed differing approaches from people playing the innocent and wronged party to people taking an aggressive and robust stance.

The most important thing for your client to remember is that it is highly unlikely that either party is going to leave a mediation feeling that they got everything they wanted.  The process is about compromise and making sensible, reasonable offers.

Until next month,

Kimberley

I thought I would use my December blog to look back over the last year and what I have achieved during the first year of my training contract.  I certainly feel like a different person than I was on the first day that I stepped into the office, although I recognise that there is obviously still a lot of learning still left to do!

Being part of a small firm has really given me some great hands on experience that I do not believe I would have received elsewhere.  I have been involved in all sorts of matters from the corporate work to the litigation work.  The litigation work in particular has been extremely wide ranging and I have been involved in disputes ranging in value from £100 all the way up to multimillion pound claims.  One thing I have learnt is that, no matter what the size of the dispute, they are all equally as complex and come with their own issues and complications.  Nothing is straight forward in litigation and there is certainly no simple answer.

The disputes have been equally as wide ranging in nature from neighbour boundary disputes to large telecommunication contractual claims.  Certainly no two days have ever been the same and it has taught me to stay on my toes.

Moving forward into the New Year I am hoping to become more involved in the corporate work to balance out what I have learnt from the litigation team.  I am looking forward to 2016 so I can finally say that I qualify this year!

Until next month,

Kimberley