Dealmaker: RPC's Davina Given on Mandarin confusion, hunting ancient ruins and her thirst for knowledge
RPC commercial and financial disputes partner Given on her love of the ancient world and what makes a good litigator
August 07, 2018 at 05:59 AM
6 minute read
Why did you become a litigator? The intellectual exercise of piecing together what has happened, working out how that fits the legal framework and constructing a case accordingly, appealed to me. I also hugely enjoyed working with Calum Burnett, Andrew Denny, Mark Levy, Guy Henderson (now chief executive at Ascot), Sidney Myers (now at BCLP) and many others in my litigation seat as a trainee at A&O. Flying to Paris to take a note and being taken by a client to lunch at the Paris Polo Club in the Bois de Boulogne in brilliant sunshine didn't hurt either.
What's the closest you have come to doing something other than law? I took some time out of law some years ago to explore other careers, from academia (not in law) to arts administration to the UN. The exercise taught me to appreciate everything I did like about law and how in many ways it is a unique working environment.
Why work in a law firm rather than become a barrister? The degree of teamwork involved and the close relationship with the client.
Which judge or barrister do you most admire and why? It would be invidious to name just one; we are lucky enough to have many excellent judges and barristers. Being on top of the detail, clear-eyed and creative in seeing, assessing and communicating options/decisions, and (in barristers) willing to work with solicitors as a team is critical. If they are able to maintain interests outside law, so much the more impressive.
What's been your proudest professional moment/moment in court? There's always a high every time you get a good result for the client, in or out of court.
…and worst day on the job? It was not fun to have to tell a Caribbean death row inmate whose sentence we had managed to get commuted to life imprisonment that there was nothing more we could do, after he had told us that the conditions in prison were such that he would rather be executed than be in prison for life.
What advice would you give to young litigators starting out? Gain as much experience as you can in as many types of disputes/investigations as possible – but don't forget that there is life outside law.
What's the best/worst thing about being a litigator? The best thing is helping a client find a solution to a problem. The worst thing is when there is no solution, whether because of the state of the law, a lack of funds or something else.
What's the funniest thing you've ever witnessed in court? I saw a Chinese law expert flummox a silk in cross-examination by repeatedly asking him to point out – in the original Mandarin – the text which said "ABC shall not XYZ". It turned out that there was an error in the English translation of the law upon which the silk had relied and there was no "not" in the Mandarin. It was very funny watching them go round in circles over the text, each operating at cross-purposes in a different language – but only because we had called the expert and were not responsible for the translation.
How do litigators differ from deal lawyers? Litigators tend to be more risk averse and want to know far more information before making a decision. We are also more inclined to fight than fold and are more focused on the law.
How much do you conform to the spiky litigator stereotype? On the whole, not very – it rarely achieves results. But I will ask tough questions and go against the majority if I'm not satisfied with the answers.
What's the toughest ethical/moral dilemma your job has ever presented you with? Fortunately, I have so far escaped anything too harrowing.
What most annoys you about the legal profession? On a day-to-day level, wasting time and money in inefficiency. On a broader level, that we have so far largely failed (particularly in private practice in the City) to find a way to give sufficient women the desire and the opportunity to reach the top echelons, despite achieving parity, if not more, at entry level for years.
What's your strongest characteristic…and worst trait? I have a thirst for knowledge of all kinds, which can lead to focusing too much on the minutiae.
What's the worst corporate event you've ever attended? Not a hospitality event, but a corporate training course as a junior associate, which included a session on 'wellbeing'. I was told that 20 minutes of meditation was as good as six hours sleep and asked to meditate there and then. I felt my time was being utterly wasted and left the session fuming and far more tense than when I arrived. Probably not what the teacher had set out to achieve.
Most memorable case you ever have worked on and why? Every case brings its moments. Notable ones include interviewing (as an NQ) in his office a witness whose involvement came about because he had lost his temper and shot someone; and navigating my first art case, involving the alleged illegal excavation and export of an antiquity.
Do you see yourself having a career outside law? I already have a mini-career alongside law – I'm obsessed with the ancient world, so I spend holidays ruin-hunting, am involved with fundraising for the world-class Hellenic and Roman Library (all donations welcome) and act as a tour guide at the British Museum at the weekend.
What's your favourite TV depiction of a litigation lawyer? I'm more of a reader than a TV watcher. I enjoyed Steven Saylor's use of Cicero's prosecution and defence speeches to create a detective story, although I am much more sympathetic to Cicero than he is.
What's your favourite item of clothing? Do shoes count? The shoe collection under my desk (never mind my closet at home) is notorious.
What's your favourite cheese? A very strong cheddar – or possibly white stilton with apricot.
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