What is litigation and dispute resolution law? A guide for aspiring solicitors

Banks and corporates are still opting for English law/courts clauses in their contracts, which means disputes in the English courts will continue apace. Find out more about litigation and dispute resolution below with this article based on an interview with Maxine Mossman, partner in the litigation & dispute resolution group at Clifford Chance. Maxine graduated from Queen’s University Belfast with a degree in law.

• What is litigation and dispute resolution law?
• What do litigation and dispute resolution solicitors do?
• What is life like as a litigation and dispute resolution trainee?
• What skills do you need to be a litigation and dispute resolution law solicitor?
• Types of law practised within litigation and dispute resolution law
• How much can I earn in litigation and dispute resolution law?

What is litigation and dispute resolution law?

Litigation & dispute resolution lawyers help their clients successfully resolve disputes, where necessary through the courts and tribunals. They also assist clients responding to regulatory and criminal investigations – the summary below is focused on litigation & dispute resolution.

Clients include banks, financial investors, corporates and high-net-worth individuals who face disputes in a wide range of contexts, often with commercial counterparties, clients or shareholders. Claims can be resolved either through the courts (litigation) or by an arbitral tribunal (arbitration).

Cases go through multiple stages:

• Pre action – encouraging parties to exchange information and seek to resolve the dispute without the need for a claim to be issued.
• Pleadings – once a claim is issued, each side sets out their respective cases.
• Disclosure – collating and reviewing the client’s documents, and disclosing documents that are relevant to the case.
• Witness statements – conducting interviews with witnesses and preparing witness statements for use at trial.
• Expert reports – depending on the subject matter of the claim, expert reports may be required on issues such as quantum.
• Trial – cases often settle along the way but, if not, the claim is adjudicated by the court.

Disclosure is often the most time-intensive and document-heavy step, but it is offset by the buzz of a good day at court. Preparing for a hearing or a trial is a big team effort, and it is always satisfying to see your arguments land well with the judge. Judgments can be significant – either because of the amount of money at stake or the high-profile nature of the parties involved – which means they often make the headlines. I can admit to getting my scissors out and keeping newspaper clippings.

What do litigation and dispute resolution solicitors do?

Litigation cases are typically long-running; while a straightforward case could take around 18 months, many last several years. When I was an associate I worked on a case for 7 years, and in total it ran for over 15 years – a significant chunk of a lawyer’s career. It was an offshore dispute, and so I had the opportunity to go on a number of trips to the Cayman Islands. Cross-jurisdictional cases are common in litigation, and they can often require travel to other countries.

Being a litigator means you are driven by the court or tribunal timetable. All-nighters and weekend work aren’t the norm, but there will be some late nights in the run-up to deadlines or court appearances.

Complex cases involve a number of partners and a large team of associates and trainees, while other matters only need one partner, an associate and a trainee. Solicitors are usually desk-based (whether at home or in the office) but will attend court, and meetings with barristers and clients.

What is life like as a litigation and dispute resolution trainee?

One of the best things about litigation is that, because cases are long-running, trainees can work on the same cases for the entirety of their seat and really get into the nuts and bolts of the dispute. The more they understand, the more substantive work they can do and there are always opportunities for more responsibility if they stick their hands up. Some of the core tasks that litigation trainees will be given are researching legal questions, attending interviews and taking notes, drafting correspondence with the other side, helping to prepare for court and, of course, going along to the hearing.

What skills do you need to be a litigation and dispute resolution solicitor?

• The ability to cut through the issues
• An instinct to think ahead (a good litigator is always several steps in front)
• Good problem-solving skills
• Persuasive drafting skills
• Teamwork and communication skills

Types of law practised litigation and dispute resolution

• Contract
• Tort
• Equity
• Company
• Banking
• Trusts
• Competition
• Public
• Confidentiality and privacy
• Regulatory

How much can I earn in litigation and dispute resolution law?

You will likely undertake litigation and dispute resolution law as a seat on a training contract as part of a rotation and may specialise later. You can take a look at our article on How much you can earn as a trainee solicitor to get a broader picture of how much law firms pay trainees, but it’s not uncommon for firms with UK offices to offer £50,000 to trainees in their first year, rising to anywhere up to and above £100,000 upon qualification.