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Retail work focuses on the purchase of property for retailers and developers, dispute resolution and organising licences for building work.
Retail real estate lawyers usually work on a large number of transactions at any one time. Each of these matters will probably be running to a completely different timescale; some matters may take several months (or indeed years where large developments are concerned), other get rushed through in weeks or days. The deal the client has struck with the other side usually dictates the timescale. Clients of the retail team are usually the retailers themselves but larger retailers are often occupiers/developers so you can find yourself acting on behalf of your client in its capacity as a landlord as well as a tenant.
Lawyers are usually instructed as soon as the client has struck a deal with another party. At this point they will receive the terms of the deal and start to prepare the draft documents (the contract, lease, licence or agreement). Title investigations then form a very important part of the transaction. This involves examining who has owned and occupied the property previously and whether there are any conditions attached to the land as a result, and normally happens in conjunction with negotiating the draft documents with the other side. Exchange and completion is the culmination of the deal and the bit the client is concerned about – this is usually when they get the keys to their new store. For the lawyers the work doesn't stop there, however. Post-completion matters that need to be dealt with include payment of stamp duty land tax and registration of the new owner at the Land Registry.
Lawyers in the retail real estate department enjoy a large amount of client contact even at an early stage in their career. This can take place at client meetings but more usually takes the form of regular telephone and e-mail communications to take instructions from the client, explain issues and summarise matters. More junior lawyers usually spend their time in the office but the more senior retail lawyers often find themselves splitting their time between the office and meetings with the client or the lawyers on the other side negotiating documents.
The buoyancy of retail work is dictated by the property market and consumer spending in general but there is usually a consistent amount of work to keep the fee-earners busy. The work/life balance within the retail team generally is fairly good in comparison to that of banking/corporate colleagues. Long hours are necessary if the deadlines dictate but these are the exception rather than the norm. There are few opportunities for overseas travel and site visits are rare unless the instruction relates to a new development, in which case it is recommended.
The retail property sector is very sociable. Client entertainment is very important to maintaining client relationships and leads to very good dealings between clients and lawyers at all levels. Attending property industry events is also important to seek out new clients and make more contacts. The best things about working in a retail team are the good client relationships, varied instructions, the people and personalities you meet in the property industry and the work/life balance.
A seat in the retail team is a very good one for any trainee. Trainees are likely to be given their own case load from day one so get first hand experience of managing their own files. Client contact is also greater than in most other departments. Trainees are involved in title investigations, post-completion work, research, assisting fee earners and even get to try their hand at drafting basic contracts. Trainees are, of course, also actively involved in the social side! This seat gives great training in time-management, prioritising and dealing with clients.
CLAIRE MULVILLE is a solicitor at SNR DENTON LLP. She graduated from the University of Nottingham with a degree in Russian studies.
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