Author
Prior to commencing a training contract, trainees may have a clear preference for gaining experience in either contentious or non-contentious areas of law, whilst others may be less certain, preferring to let their experiences throughout the training contract facilitate their selection of seats as they progress, and their subsequent decision in respect of where they want to qualify. As I near the end of my training contract, I reflect on how a combination of both contentious and non-contentious seats has allowed me to grow and develop throughout the process, and why I would recommend that other trainees seek out opportunities in both areas.
Agriculture
My first seat in the Agriculture team involved a mix of contentious and non-contentious work, allowing me to develop a diverse range of skills from the outset of my training contract. On the contentious side, my responsibilities included drafting inter-party correspondence, preparing costs schedules, and assisting with the drafting of submissions, witness statements, and instructions to counsel. A particular highlight was attending a judicial review hearing at the Royal Courts of Justice, where we successfully defended our client. This was particularly rewarding after a lengthy period of correspondence, submissions and applications, which I was heavily involved in.
On the non-contentious side, I was involved in drafting bespoke agreements designed to protect the interests of various stakeholders engaged in Biodiversity Net Gain (BNG) and nutrient neutrality schemes. This also included researching and advising on the opportunities and risks associated with such schemes, including the potential for BNG credit brokerage, and the legal implications of existing mineral rights on land earmarked for future environmental use.
Transitioning from Agriculture to Corporate
The level of attention to detail required to draft submissions, and assisting with the preparation of bespoke agreements for BNG schemes, proved invaluable during my second seat in the Corporate team. For instance, when drafting ancillary documents, I was able to utilise my experience and carefully consider the obligations of each party and how these might be influenced by provisions within corporate documents such as a share purchase agreement or a shareholders’ agreement. This proved useful going forward as I developed a habit of considering the broader context of a transaction and the various ways in which a clause could be interpreted, as well as the implications of such interpretations. This ability to take a step back and assess how each contractual element fits within the wider transaction was a skill that transferred well across both practice areas and was a clear benefit of undertaking a varied training contract.
Transitioning from Corporate to Commercial & Regulatory Disputes
My experience in the Corporate team proved useful when I commenced my third seat in the Commercial & Regulatory Disputes team. Having a solid understanding of the types of agreement commonly encountered in corporate transactions proved beneficial. For example, I assisted on a dispute relating to an earn-out provision in a share purchase agreement, which is a provision which ties part of the purchase price of a business to the future economic performance of that business. I was tasked with reviewing the relevant contractual provisions so that we could challenge the opposing party’s interpretation of the earn-out figure. This required a detailed analysis of the drafting, as well as a practical understanding of how such clauses are intended to operate in a commercial context, enabling me to utilise the skills I had developed in my Corporate and Agriculture seats.
Similarly, in a matter concerning a dispute between shareholders, I drew upon my experience in Corporate when discussing the rights and obligations of shareholders under the company’s articles of association and shareholders’ agreement. My familiarity with corporate governance and corporate structures allowed me to identify potential breaches and provide strategic solutions tailored to our client both in a legal and commercial context. Similarly, my experience in Agriculture, in particular farming disputes, allowed me to approach correspondence with the client and opposing party with tact and accuracy. This crossover between my previous seats enhanced my ability to approach my work in my Commercial & Regulatory Disputes seat with a more holistic approach and demonstrated another clear benefit of undertaking a varied training contract.
Transitioning from Commercial & Regulatory Disputes to Commercial
The clear transferability of skills has continued to be present in my current seat in the Commercial team. Having assisted the Commercial & Regulatory Disputes team on several matters that stemmed from ambiguous contractual clauses and having seen first-hand the importance of precision in drafting contractual provisions during my Corporate seat, I have approached my tasks in Commercial with a heightened awareness of how language can be interpreted and potentially challenged. My experience has also underscored the value of adopting a commercial and pragmatic approach when drafting, ensuring that agreements not only meet legal requirements but also work effectively in practice for all parties involved, something that is particularly useful in a seat such as Commercial.
This cumulative experience has enabled me to draft and review commercial agreements with a well-rounded mindset, as my previous seats have fostered an appreciation of what can happen when contracts contain unclear or unworkable provisions. I often find myself anticipating potential areas of misunderstanding or dispute and suggesting clearer, more robust wording where appropriate. This previous experience has also reinforced the importance of understanding the client’s commercial objectives, ensuring that my legal drafting supports, rather than hinders, their desired outcomes.
Conclusion
Overall, experiencing both contentious and non-contentious seats has given me a broader perspective of how different areas of law interact in practice. It has shown me that you can acquire transferable skills that translate from contentious to non-contentious, and non-contentious to contentious, despite those two areas of law appearing unrelated or not having an immediate connection initially. It has strengthened my analytical drafting, my commercial awareness, and has allowed me to approach my work with greater understanding both legally and commercially. I therefore encourage any trainee or prospective trainee to be open-minded and consider undertaking seats that are both contentious and non-contentious to ensure a well-rounded experience.
Author