Mediation is one of the most popular forms of Alternative Dispute Resolution (“ADR”) and is often a very successful way to resolve disputes.  The parties appoint an independent third party who runs the day and assists the parties with the negotiations.  The mediator has no allegiances and is there purely to see if the parties can resolve their issues without incurring further costs or, at the very least, narrow the issues between the parties.

As a firm, Mason Hayes actively encourages all of its clients to give serious consideration to mediation.  This is particularly important when considering the recent dramatic increase on court fees.  Clients should consider, not only the possibility of losing at court, but also the costs of progressing a case and the risk of receiving an adversarial costs order if they unreasonably refuse to engage in ADR.

It is important to ensure that the client is fully informed of the risks and purposes of the mediation before it is organised.  The client should be aware that the day is focussed on trying to reach a compromise between the parties that each party feels comfortable with.  It is not about one party winning and the other loosing as it would be in court.  It also takes away the risk of having a third party impose a solution on you which is binding and which you may strongly disagree with.

Having said this, it must not be forgotten that there are limits to the use of mediation.  For instance, if there is a particular point of law which is either unclear or is yet to be determined then this may necessitate proceedings and a final hearing.  Further, mediation can be a costly exercise and if the parties have no intention of compromising or conceding any of the issues then it is not always a productive solution.

In a mediation the client is able to stay in control of the negotiations but must always be mindful of what the worst case scenario may be in terms of outcome and costs if the mediation fails.  The client can then make an informed reasonable assessment of the situation and decide how far they are willing to concede legal issues and costs in the spirit of compromise.

Mediation should always be considered no matter what the value of the claim.  I have frequently conducted mediations via telephone with the Small Claims Mediation Services on smaller matters under the value of £10,000 and have found it a very effective way of settling claims early without having to incur the costs of a final hearing.  More recently I have had the opportunity to accompany the Managing Director of the firm to a mediation in London on behalf of a client.

The experience of mediation on a larger scale helped me to see and understand the benefits of ADR in action.  Prior to the mediation, the parties were far apart on the contentious issues and neither party were willing to concede any points in correspondence.  However, thankfully the case did manage to settle at the end of a long day of negotiations (although admittedly it did run over the allotted time due to some last minute changes of details!).

The 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

Mason Hayes takes its social responsibility very seriously and this can be seen through the continuous work of the Mason Hayes Charitable Trust.  The Trust was set up to assist law students who are the first in their families to attend University.  The aim is to fight the social and economic boundaries and stereotypes associated with the law and those who work within it and assist students who possess the natural ability and necessary work ethic to achieve a successful career in the law.  This is something I can truly empathise with as I was the first person in my family to, not only study law, but go to University.  I am therefore very keen to involve myself in the work of the Trust and help those students who need it as much as I can.

We recognise that, not only is it extremely difficult to get a training contract in the current legal job market, but that valuable work experience is also difficult to come by if you do not have contacts within the profession.  The Trust therefore provides a comprehensive work experience scheme to students during the summer months.  We take four students in our offices and provide them with a tailor made work experience placement offering them an insight into what life within a commercial law firm is really like.  To this end, I drafted a seminar for the students last summer which used one of our larger commercial litigation matters as a case study.  This is often the first time students have had the opportunity to apply the theory of the law that they have learnt in University to a genuine case in practice.

I also had my first opportunity to engage with the students on a personal level last summer.  As part of the scheme the students are given the opportunity to talk to all members of staff and ask any questions they may have about the job market and draw upon their experience.  We also take them out to lunch on their final day as a treat and to reflect upon what they have learnt during their placement.

Over the years the Trust has expanded and it now reaches beyond the scope of University students.  Primary schools and high schools are now included in the work of the Trust in order to reach out to people as young as possible and instil the message that you can achieve whatever it is that you want to achieve in life despite difficulties and potential setbacks.  I recently attended an award ceremony at a primary school where the Managing Director of Mason Hayes gave a speech to inspire the children and present those who had tried hard over the year with a trophy and book vouchers.

I look forward to becoming more involved with the Trust as I progress through my training contract and having the opportunity to engage more with students.  I am hoping to be involved in writing and delivering a seminar with some students later this year at the University which will be my first experience of public speaking in a legal context!

Until next month,

Kimberley

I thought I would talk this month about the experiences I have had as a trainee solicitor at Mason Hayes so far!  After just 3 months I have already undertaken a very varied set of tasks.  Being part of a smaller niche firm has allowed me to be more hands on in the cases that I assist with.  I have therefore been asked to complete first drafts of documents such as a Letter of Claim and a Mediation Position Statement as well as being involved in tactical discussions of how to progress matters and discussions surrounding the merits of a claim.

As I started as a Paralegal, I had already been given a case load prior to the start of my training contract.  I have worked closely on a fast track matter for nearing 18 months now for which I have drafted the pleadings and attended various interim hearings.  As the case was nearing its final hearing I have recently held further discussions with the client and it was decided that the claim should be settled.

I therefore entered into negotiations with the other side with a view to settling the matter.  After a lengthy discussion with the Claimant, I managed to settle the claim for around 30% of what the Claimant had originally stated on its Claim Form as well as coming to an arrangement on other non-monetary issues surrounding the matter.  I have previously conducted mediations on the small claims track for our clients but this was my first opportunity to enter into negotiations on a bigger scale and I was proud to have achieved a successful outcome for our client.

More recently I have attended a conference with Counsel on behalf of a Premiership footballer client.  The dispute here arose as a consequence of a rather obscure piece of law, the Mortgage Conduct of Business Rules (also known as the MCOBs).  Our client is now looking to be compensated for the losses that have incurred as a result of bad advice.

As well as large international companies, Mason Hayes also acts for individuals on a range of disputes.  I am currently heavily involved in a neighbour dispute regarding a right of way.  This has been the first time that I have been involved in anything of this sort and I have found it really interesting to watch it unfold.  During the course of this matter I have drafted Instructions to Counsel, attended several conferences with Counsel and drafted lengthy correspondence to the other side fully detailing our client’s position.

Well I best stop talking about it now and get back to work, until next month!

Kimberley

Whilst studying for the GDL and LPC, the hot topic of conversation around law school was ‘Commercial Awareness’.  Everyone was keen to emphasise the importance of the need for students to be ‘commercially aware’ but there was very little understanding of what commercial awareness actually is.

At its most basic level, I would suggest that commercial awareness can be split into two categories:

• law firms functioning as a business; and
• understanding the needs of your client in a commercial context.

Law Firms as a Business

Students need to appreciate how a law firm operates and understand what is important to them for instance, profitability and cash flow.  Students should aim to demonstrate this understanding in front of an interview panel.  In order to do this students should carry out research into the background of a firm and look into:

• the context in which it operates;
• whether it has merged in the past; and
• what the firm’s strategy is for growth.

The Needs of your Client in a Commercial Context

Your client will not be looking for an academically sound answer to their queries, but one which is right in the context of their business.  Fundamentally, businesses exist to make money and they will be coming to you to help develop and progress their business rather than to learn about complex legal arguments.  Clients want a confident answer to their legal problems but will not be too interested in how you reached that answer.

In order to advise your client you need to know their objectives which will enable you to then tailor your advice accordingly.  Providing the best service to clients means not only advising on the law, but also understanding each client’s business and objectives.

Developing and Demonstrating your Commercial Awareness

You may think that you do not have any commercial experience.  However, you can use your legal work experience, your own research and other non-legal work experience in application forms and then discuss them at interview.  For example, whilst I was studying, I worked for a large well known bank.  I developed an understanding of the importance of customer service, the need to tailor your approach to each individual client, the market, the competition and targets.  I was able to use my understanding and experience of these areas of business to demonstrate commercial awareness at interview.

However, you do not need to work in the corporate world to develop such awareness.  You can pick up a lot of business knowledge by working in a cafe, for instance. Think about a beach cafe and how the weather affects custom and how the management of stock may be impacted.  Ultimately most jobs will assist if you reflect and think about what you’ve learnt and consider how you can then apply it in an application or at an interview.

You can also improve your commercial awareness outside of the working world by reading about deals and stories in a business sector that genuinely interests you.  This could be a football club’s administration for instance or the merger of two retail giants if you have an interest in fashion.  If you tailor your research in this way it will make the process more interesting and enjoyable and enable you to talk with enthusiasm at an interview.

There are other areas of life where you can also demonstrate your commerciality.  For example, consider whether you have ever taken part in any of the following activities:

• organised an event or trip;
• sat on university society committees;
• discussed budgets;
• Young Enterprise Award at school; or
• volunteered in an organisation.

It is important to remember that law firms require candidates to be commercially aware for a valid reason.  It is not something that you need just to get through the interview stage but something you will exercise on a daily basis when you start your training contract.  It is something that will constantly develop throughout your career as a solicitor.  You cannot advise your client sufficiently if you do not have an understanding of how they operate and what they are trying to achieve.

Once you have obtained your training contract you may find that your firm will actively get you involved in business development within the firm immediately by taking you to client events and marketing events.  Firms often send their trainees on client secondment to give them an insight into the commercial world.  I was lucky enough to be placed in house in a client’s legal team for two weeks whilst undergoing an extensive disclosure exercise.  This really gave me an insight on how the business worked on a day to day basis and helped me understand its goals and strategies.

I hope this has been of some assistance!

Until next month,

Kimberley

Hello!

I am the new trainee solicitor here at Mason Hayes and I would like to give you a brief outline of my journey so far.  I decided against taking the traditional route into law and instead began my higher education at the University of Liverpool studying History.  After then graduating in 2010, I went on to study for a Graduate Diploma in Law (“GDL”) at what was then known as The College of Law.  I decided to take this alternative route for a multitude of reasons.  Before starting at Liverpool I had already made the decision to pursue a career in law.  However, whilst considering my options and trying to decide whether to apply for History or Law, I was informed about the possibility of completing a GDL within just one year and I therefore made the decision to study a subject that I had always loved and enjoyed.  This decision has definitely broadened my horizons and also gives me something a bit different to discuss in interviews.

After completing the rather demanding GDL, I then went on to study the LPC full time graduating in 2012.  Following this, I took an in house role in a debt management firm as a fee earning legal assistant before moving to Mason Hayes as a paralegal.  The road to becoming a Trainee Solicitor has by no means been easy but I have found it to be both challenging and rewarding.

As many of the application deadlines for the larger firms are rapidly approaching, I am sure most students and/or graduates are beginning to prepare to complete applications and interviews.  I have therefore outlined below some guidance in respect of the Vacation Scheme/Training Contract application process which I hope will be of some assistance to you.

Where do I apply?

Before beginning to draft any application, you must first of all think very carefully about what it is you want to achieve in your legal career and what is important to you.  In doing so, you should consider which practice area(s) you would like to gain experience in, what industry or sector is of interest to you, where you would like to be located, what salary you want to earn and how important a work/life balance is to you.

You will then need to undertake detailed research of the legal market and find those firms that can offer you what it is that you want.  Your research should not be limited to the internet.  I would encourage you to attend law fairs, firm open days and presentation evenings.  In my experience this provides a greater insight to a firm than simply reading the website.

Once you have conducted this research you should then have a list of firms which you consider are right for you.  You should then conduct more detailed research about those firms in order to have everything you need to begin drafting your application.  However, before beginning to prepare any applications, you should draw up a timetable to ensure that you have given yourself enough time to draft and submit the applications before the deadline.

Prepare thoroughly for common questions

You will find that firms tend to ask the same or similar questions.  A good example of this is “Why do you want to pursue a career in law?” or “Why do you want to be a solicitor?”  These are questions you will undoubtedly be asked at any interview.  You should therefore put some thought into your answer for this and make your answer as personal as you can, taking care to avoid generic responses.

Another classic question is “Why do you want to work for our firm?” If you adopted the approach which I outlined above regarding finding firms that are right for you, your research should provide the basis of your response to this question.  There was a reason that you added that particular firm to your list, or at least there should have been!  If there isn’t a reason, why are you applying?

Competency Questions

The application may well contain a competency based question but they are also very common interview questions.  An example being “Describe an occasion where you worked within a team and where your contribution made an impact on the team’s performance.”  When answering these types of question you should always adopt the STAR approach: Situation, Task, Activity and Response.  I would suggest preparing a couple of factual scenarios which you could use for such questions before any interview and practice answering the questions using the factual scenario and the STAR approach.  This will help you give a clear and structured answer in your interview.  If you have answered a competency based question in your application, be prepared for further questions from the interviewer(s).

Check, check and check again!

You should proof read your final draft.  I would also recommend asking somebody to check it for you such as an advisor at your University career centre, a lecturer or even a family member.  It is no exaggeration that if there is one typo or grammatical error in your application then it will end up in the bin.  Remember the firm has to go through thousands of applications to decide who to see at interview.  Do not give them any excuse to throw yours in the bin!

Interview skills

It sounds obvious but making a good impression at an interview is all about preparation and presentation.  You should therefore revisit the research you did when you applied and conduct up to date research before the interview and review your application.

The interview is really a chance for the firm to see what you are really like.  You should take confidence from the fact that the firm is interested in you on the basis of your application.  This is what you should be reminding yourself of when you are waiting in the reception area to go in!

The most important thing from my experience is to engage with the interviewer(s) so that it is more of a conversation than a question and answer session.  You need to show good communication skills, so listen to the question and answer it directly rather than reciting something which you had rehearsed in advance of the interview which relates to the topic but does not truly answer the question.   Don’t forget the basics such as eye contact and body language.

Before any interview you should prepare questions for the interviewer.  It is important to remember that as well as you being right for the firm, you must establish whether the firm is right for you.  You may ask questions regarding something that you have seen in the news about the firm or one of its clients, what the likelihood is that you will get a seat (or in the case of a Vacation Scheme a week) in a certain department, what the retention rates of trainees were the previous year or what the goals of the firm are both short and long term as a business.

General points:

1. Always remember firms are hiring for future partners and not just for a trainee!  Do not therefore be surprised if you are asked a hypothetical question such as “You are a partner, you have the option of having one client whose matter is likely to generate fees of £1million or taking five matters which are likely to generate fees of £100,000.  Which would you chose?”, or even something like “If you were chairperson, what would you change about the firm?”
2. Be pro-active, tenacious and determined.  Do not sit and wait for a training contract to land on your lap…because it won’t!

I wish you all the best of luck with your applications!

Kimberley