If you cut your teeth post-global financial crisis (GFC) now has arguably never been a better time to be a litigator.

Following the GFC, while M&A transactions slumped and many corporate practices struggled, litigation and dispute resolution practices in firms thrived. For senior litigation associates, this provided a solid grounding in high-stakes litigation work that allowed them to cut their teeth and make their mark in the practice.

Today, this generation of partners are regarded as the best in the business and highly sought-after, thanks to that experience.

Karen Seward, head of Allen and Overy's litigation practice in London firmly believes the GFC provided a good professional grounding for those at the beginning of their careers.

She says: "The recession made junior lawyers grow up quickly. It was a steep learning curve, but the ones who succeeded in that environment are exceptional as a result. They didn't have the luxury of time and this makes them very compelling. Clients pay for partners who will get in the trenches with them and understand their problems. The generation who came of age during the GFC do that."

Baker and McKenzie's London head for dispute resolution John Leadley agrees. He says: "The recession bolstered the litigation market - I can't think of any law firm where the disputes practice didn't benefit. The wave of work provided good opportunities for lawyers who were senior associates at that time."

So after hitting the ground running at the start of their careers, what are the challenges now faced by today's litigators?

Law has never been a career known for its plentiful down-time, but in the modern world few working environments allow employees to ever truly switch off from their responsibilities. Technological advances mean lawyers are able and expected to always be plugged in to cases in a way that twenty years ago could never have been imagined.

Mark Shillito, head of UK dispute resolution at Herbert Smith Freehills warns that the speed of modern communication can lead to litigators acting first and thinking later. He advises litigators to make sure they "carve out sufficient time to think, consider and advise" when responding to their clients queries and requests.

Seward adds that litigators can also find themselves up against social media - something else that would have been an alien concept at the start of her career.

She comments: "The prevalence and power of social media in today's world means that damage can be done to a client's business almost instantaneously. Litigators have to be good in a crisis."

Deborah Finkler is head of dispute resolution at Slaughter and May, having joined the firm in 1986. She also advises litigators to consider the real-time reaction to cases, saying: "News now happens in real time so you have to think about implications immediately and plan ahead. If you are involved in a high profile case, you have to consider how it is going to play out in the public eye."

Guy Pendell, head of CMS' international arbitration group has 18 years experience in the practice and says that it is "almost unrecognisable" from when he started.

He highlights technology as having changed the disclosure process within litigation particularly, saying: "There have been some high profile examples recently of lawyers failing to project manage the disclosure phase of litigation. Partners need to understand the technology that is available in order to use it properly, and efficiently. Partners who don't master that will be left behind, or worse."

When litigators aren't answering emails on their mobile devices at 4am, trying to work out e-disclosure procedures or attempting to crisis manage claims made against their client on social media, they also need to be prepared to deal with an influx of work arising as a result of the current rocky geo-political global climate.

Head of litigation at Hogan Lovells Michael Davison predicts an interesting year, commenting: "What's going to be different compared to 2015 is the whole economic shift we're seeing in relation to the price of oil. Everyone assumed the price would bounce back, but it hasn't. We're entering a period of great political instability in some regions and this will have an effect on the amount of work we receive."

As oil prices continue to fluctuate, the migrant crisis worsens and the US holds its breath for the outcome of this year's presidential elections, international law firms are gearing up for big pieces of litigation work hitting their desks.

Stephen Sly, joint global head of DLA Piper's litigation and regulatory practice foresees a busy next few years for London practices. He says: "The global political and macroeconomic turmoil suggest that dispute resolution lawyers in London are going to be very busy over the next few years, because of London's critical position in the resolution of private and public international law conflicts. I think people are kidding themselves if they think we're coming to the end of the uber busy spell we saw after the global financial crisis."

It's not just international work that firms expect to receive. Trevor Chamberlain, a senior litigation partner at DAC Beachcroft and previous head of the firm's dispute resolution practice thinks that natural and man-made changes to our environment will provide work for firms this year.

Referencing the view outside his window in the City when listing predictions, he says: "I think there'll be an uptick in construction disputes in the UK. London's sky is littered with cranes and this translates into claims and disputes for us."

He adds: "Following the recent flooding, insurance brokers might be in for more of a torrid time regarding adequate cover claims from their clients."

For today's junior partners a return to an uncertain world would mean a return to the one they built their career in - and there are surely no lawyers so well-equipped to take on the challenges this environment will bring.

Practice heads give their best advice to litigators at the start of their careers hoping to make their marks:

Jeremy Sandelson, global head of litigation and dispute resolution at Clifford Chance:
"You need to spend as much time as possible face to face with clients. It's the only way to build relationships. We spend a lot of time coaching our young lawyers to give robust advice and not sit on the fence. If a client disagrees with your advice, they won't blame you."‎

Trevor Chamberlain, senior litigation partner at DAC Beachcroft:
"You've got to be a little bit chameleon like. Sometimes you need to be hard and aggressive and sometimes rather more conciliatory."

Shane Gleghorn, head of disputes and investigation at Taylor Wessing:
"Good judgement is a pre-requisite. One of the most important skills is making the right judgment calls in pressurised circumstances. Be innovative. You need to identify ways of solving the dispute that suit your client's commercial needs best."

Karen Seward, head of Allen and Overy's London litigation practice:
"Litigators need to be keen observers of human behaviour. They need to be good at reading people and working out how they will react. They also need a decent dash of cynicism!"

Guy Pendell, head of international arbitration at CMS:
"You need to be really genuinely interested in understanding your client's issues. You need to have an enquiring mind, ask the right questions and really listen. You can train people to do this, but if you don't have it naturally can be a problem."

Stephen Sly, joint global head of litigation and regulatory at DLA Piper:
"You need strong analytical skills, real determination and a genuine interest in the business of the client and the sector it operates in. The days when litigators could rely solely on their technical skills are somewhat behind us. Unless litigators can demonstrate a sufficient understanding of the client's business, commercial objectives and key risks , they won't succeed."

Deborah Finkler, head of dispute resolution at Slaughter and May:
"You need a combination of clarity of thought and the ability to clearly explain difficult concepts to your client. The notion that a litigator has to be aggressive isn't right."

Simon Davis, UK head of commercial litigation at Clifford Chance:
"You must always be willing and able to put yourselves in other peoples' shoes - not just your client's, but the opposition's too."

Deirdre Walker, head of Norton Rose Fullbright's EMEA dispute resolution practice:
"Be passionate and tenacious. Never ever give up, because things will sometimes go wrong and you must stand your ground."

Mark Shillito, head of UK dispute resolution at Herbert Smith Freehills:
"A real understanding of what the client wants to achieve; a strong desire to win; an excellent knowledge of law and procedure but an absence of desire to score points for the sake of it; one eye for detail and one for the bigger picture."

Michael Davison, head of litigation at Hogan Lovells:
"You need to have a high degree of tenacity and to be quite brave. You have to fight your corner and be willing to stake out a firm position for your client. Being a team player is very important as you'll rarely be working on your own. And you need to win! "

John Leadley, London head for dispute resolution at Baker and McKenzie:
"Remember that all clients have different profiles and different needs. You need to be sensitive to nervous clients and keep your patience with demanding ones - in many ways you do need to demonstrate chameleon like behaviour."

 

 

 

If you cut your teeth post-global financial crisis (GFC) now has arguably never been a better time to be a litigator.

Following the GFC, while M&A transactions slumped and many corporate practices struggled, litigation and dispute resolution practices in firms thrived. For senior litigation associates, this provided a solid grounding in high-stakes litigation work that allowed them to cut their teeth and make their mark in the practice.

Today, this generation of partners are regarded as the best in the business and highly sought-after, thanks to that experience.

Karen Seward, head of Allen and Overy's litigation practice in London firmly believes the GFC provided a good professional grounding for those at the beginning of their careers.

She says: "The recession made junior lawyers grow up quickly. It was a steep learning curve, but the ones who succeeded in that environment are exceptional as a result. They didn't have the luxury of time and this makes them very compelling. Clients pay for partners who will get in the trenches with them and understand their problems. The generation who came of age during the GFC do that."

Baker and McKenzie's London head for dispute resolution John Leadley agrees. He says: "The recession bolstered the litigation market - I can't think of any law firm where the disputes practice didn't benefit. The wave of work provided good opportunities for lawyers who were senior associates at that time."

So after hitting the ground running at the start of their careers, what are the challenges now faced by today's litigators?

Law has never been a career known for its plentiful down-time, but in the modern world few working environments allow employees to ever truly switch off from their responsibilities. Technological advances mean lawyers are able and expected to always be plugged in to cases in a way that twenty years ago could never have been imagined.

Mark Shillito, head of UK dispute resolution at Herbert Smith Freehills warns that the speed of modern communication can lead to litigators acting first and thinking later. He advises litigators to make sure they "carve out sufficient time to think, consider and advise" when responding to their clients queries and requests.

Seward adds that litigators can also find themselves up against social media - something else that would have been an alien concept at the start of her career.

She comments: "The prevalence and power of social media in today's world means that damage can be done to a client's business almost instantaneously. Litigators have to be good in a crisis."

Deborah Finkler is head of dispute resolution at Slaughter and May, having joined the firm in 1986. She also advises litigators to consider the real-time reaction to cases, saying: "News now happens in real time so you have to think about implications immediately and plan ahead. If you are involved in a high profile case, you have to consider how it is going to play out in the public eye."

Guy Pendell, head of CMS' international arbitration group has 18 years experience in the practice and says that it is "almost unrecognisable" from when he started.

He highlights technology as having changed the disclosure process within litigation particularly, saying: "There have been some high profile examples recently of lawyers failing to project manage the disclosure phase of litigation. Partners need to understand the technology that is available in order to use it properly, and efficiently. Partners who don't master that will be left behind, or worse."

When litigators aren't answering emails on their mobile devices at 4am, trying to work out e-disclosure procedures or attempting to crisis manage claims made against their client on social media, they also need to be prepared to deal with an influx of work arising as a result of the current rocky geo-political global climate.

Head of litigation at Hogan Lovells Michael Davison predicts an interesting year, commenting: "What's going to be different compared to 2015 is the whole economic shift we're seeing in relation to the price of oil. Everyone assumed the price would bounce back, but it hasn't. We're entering a period of great political instability in some regions and this will have an effect on the amount of work we receive."

As oil prices continue to fluctuate, the migrant crisis worsens and the US holds its breath for the outcome of this year's presidential elections, international law firms are gearing up for big pieces of litigation work hitting their desks.

Stephen Sly, joint global head of DLA Piper's litigation and regulatory practice foresees a busy next few years for London practices. He says: "The global political and macroeconomic turmoil suggest that dispute resolution lawyers in London are going to be very busy over the next few years, because of London's critical position in the resolution of private and public international law conflicts. I think people are kidding themselves if they think we're coming to the end of the uber busy spell we saw after the global financial crisis."

It's not just international work that firms expect to receive. Trevor Chamberlain, a senior litigation partner at DAC Beachcroft and previous head of the firm's dispute resolution practice thinks that natural and man-made changes to our environment will provide work for firms this year.

Referencing the view outside his window in the City when listing predictions, he says: "I think there'll be an uptick in construction disputes in the UK. London's sky is littered with cranes and this translates into claims and disputes for us."

He adds: "Following the recent flooding, insurance brokers might be in for more of a torrid time regarding adequate cover claims from their clients."

For today's junior partners a return to an uncertain world would mean a return to the one they built their career in - and there are surely no lawyers so well-equipped to take on the challenges this environment will bring.

Practice heads give their best advice to litigators at the start of their careers hoping to make their marks:

Jeremy Sandelson, global head of litigation and dispute resolution at Clifford Chance:
"You need to spend as much time as possible face to face with clients. It's the only way to build relationships. We spend a lot of time coaching our young lawyers to give robust advice and not sit on the fence. If a client disagrees with your advice, they won't blame you."‎

Trevor Chamberlain, senior litigation partner at DAC Beachcroft:
"You've got to be a little bit chameleon like. Sometimes you need to be hard and aggressive and sometimes rather more conciliatory."

Shane Gleghorn, head of disputes and investigation at Taylor Wessing:
"Good judgement is a pre-requisite. One of the most important skills is making the right judgment calls in pressurised circumstances. Be innovative. You need to identify ways of solving the dispute that suit your client's commercial needs best."

Karen Seward, head of Allen and Overy's London litigation practice:
"Litigators need to be keen observers of human behaviour. They need to be good at reading people and working out how they will react. They also need a decent dash of cynicism!"

Guy Pendell, head of international arbitration at CMS:
"You need to be really genuinely interested in understanding your client's issues. You need to have an enquiring mind, ask the right questions and really listen. You can train people to do this, but if you don't have it naturally can be a problem."

Stephen Sly, joint global head of litigation and regulatory at DLA Piper:
"You need strong analytical skills, real determination and a genuine interest in the business of the client and the sector it operates in. The days when litigators could rely solely on their technical skills are somewhat behind us. Unless litigators can demonstrate a sufficient understanding of the client's business, commercial objectives and key risks , they won't succeed."

Deborah Finkler, head of dispute resolution at Slaughter and May:
"You need a combination of clarity of thought and the ability to clearly explain difficult concepts to your client. The notion that a litigator has to be aggressive isn't right."

Simon Davis, UK head of commercial litigation at Clifford Chance:
"You must always be willing and able to put yourselves in other peoples' shoes - not just your client's, but the opposition's too."

Deirdre Walker, head of Norton Rose Fullbright's EMEA dispute resolution practice:
"Be passionate and tenacious. Never ever give up, because things will sometimes go wrong and you must stand your ground."

Mark Shillito, head of UK dispute resolution at Herbert Smith Freehills:
"A real understanding of what the client wants to achieve; a strong desire to win; an excellent knowledge of law and procedure but an absence of desire to score points for the sake of it; one eye for detail and one for the bigger picture."

Michael Davison, head of litigation at Hogan Lovells:
"You need to have a high degree of tenacity and to be quite brave. You have to fight your corner and be willing to stake out a firm position for your client. Being a team player is very important as you'll rarely be working on your own. And you need to win! "

John Leadley, London head for dispute resolution at Baker and McKenzie:
"Remember that all clients have different profiles and different needs. You need to be sensitive to nervous clients and keep your patience with demanding ones - in many ways you do need to demonstrate chameleon like behaviour."