What it takes to be a great modern litigator: seven top tips from lawyers and clients
Lawyers from BT, Vodafone, Barclays, Travers and DLA on the personal and professional qualities that make a top litigator
January 18, 2018 at 04:39 AM
5 minute read
The stereotypical litigator is quick-thinking, combative and confrontational, but are those characteristics really what clients and in-house counsel look for in a trusted adviser?
Legal Week asked leading litigators and in-house lawyers what attributes they think a great, modern litigator needs, and also what disputes lawyers should avoid doing to stop clients picking up the phone to find somebody new to instruct.
1. Are you tough enough?
Litigation is by its nature adversarial and only the resilient make it to the top of the field. Amid a dispute, stress levels are unpredictable and as you have to be steps ahead of the opposing side, clients want somebody level-headed with a tactician's mind.
Travers Smith disputes partner Stephen Paget-Brown: "Litigation is like a long game of chess, so you have to be anticipating the other side's moves to beat them at the end of the day. You have also got to be resilient, because litigation is a form of battle and in a battle you have ups and downs. If you can't manage those ups and downs, you are going to struggle."
2. Can you listen and do you understand you client?
Clients calling in a litigator will have commercial aims that might not amount to a courtroom standoff. Every client has different needs and expectations, and if you do not understand what they are, you are probably not the lawyer for them.
One of the big turnoffs for in-house counsel is sales patter; we can smell it a mile off
BT senior lawyer Warren Little: "It is all very well to set out a blunderbuss of skills and experience and hope you land on the right point by accident, but one of the most important things is understanding what support your client requires and then seeking to match your approach to those circumstances. One of the big turnoffs for in-house counsel is sales patter; we can smell it a mile off. We prefer logic over bombast."
3. Can you manage your aggression?
You need to push your client's case – but how much pushing is too much? Every great litigator needs passion, but managing that is key to being able to best represent your client's interest. A Few Good Men aside, shouting in a courtroom doesn't get you far.
Signature Litigation founding partner Graham Huntley: "In the modern, competitive and pressured market it appears to be harder for some litigators to manage the balance between pressing the case and recognising that the system expects ethical behaviour. The system is adversarial, so it is critical that litigators are able to press their client's case as hard as might be required without infringing on the ethical principles that make the system work."
4. Can you focus on the clients interests and not your own?
Being able to listen and build a rapport with clients is a vital element of a great litigator's arsenal, especially when it comes to working with in-house counsel.
DLA Piper UK group head for litigation and regulatory Neil Bowker: "From the outset, you need to be able to understand the client's commercial priorities and establish a rapport with the client. That is the first thing a good litigator does, because it places the emphasis on the client's interests rather than the lawyers."
5. You can't do everything – so do you have a great team?
No lawyer, however great, can do everything, and clients and in-house counsel know that. With this in mind, are you surrounding yourself with the best team possible to ensure that you can delegate responsibility and stay on top of work?
We often get fantastic pitches headed by partners with 30 years of experience, but no associates. We want to know who your people are
Vodafone Group senior solicitor Clare Lynch: "We often get fantastic pitches headed by partners with 30 years of experience, but no associates. We need to feel comfortable with your team, so when we are looking at pitches we want to know who your people are. I have met some fantastic associates that I am comfortable picking up the phone to."
6. You've got the client, now can you keep their confidence?
You have listened to the client's needs, pitched yourself as the perfect team to handle their issue – so can you keep them calm and present yourself as a safe pair of hands? An in-house counsel who is busy managing businesspeople through a crisis doesn't need a shaky litigator to worry about.
Barclays EME head of litigation investigations and regulatory enforcement Tracey Dovaston: "You never want to be asking a great lawyer what is happening and what is next. You want to feel a sense of urgency rather than the dispute feeling like it is running its course. A great litigator would also understand how much reporting clients need to do internally to their employer. Receiving updates in a format that can be shared easily with the business is great."
7. Do you have an analytical mindset?
If you are going to withstand your opponent's argument, you need to be able to break down challenges and solve them. When things change quickly, you need to be able to think on your feet and have the presence of mind to keep in control of your strategy.
Clyde & Co energy disputes partner Richard Power: "You will be faced with difficult situations and you need an ability to find out what is at the heart of that problem and develop an approach to resolving it. It is all about working out what is behind the issue and being able to dissemble it into granular size to solve those individual issues."
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