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During a training contract at Michelmores, trainees are required to gain experience across a range of areas of law, both contentious and non-contentious. Even if you don’t see yourself as a long-term litigator, a contentious seat is a vital part of your training contract, offering opportunities to build technical and interpersonal skills. For my first seat, I was lucky to have joined the Family Team, a varied and busy seat with opportunities to get involved in substantive pieces of work and develop these skills from the outset.
From my experience so far, I have summarised below the top skills trainees can expect to develop during a contentious seat:
Negotiation
Negotiation is a cornerstone of contentious work. Trainees may assist in preparing for settlement discussions, drafting settlement offers, and analysing the strengths and weaknesses of a client’s position. My involvement in negotiations has highlighted the importance of crafting persuasive arguments whilst taking a pragmatic approach.
Advocacy
Supporting counsel has provided invaluable insight into advocacy. Observing barristers in court has deepened my understanding of courtroom strategy and the importance of concise, persuasive arguments. Early in my seat, I had the opportunity to attend a hearing in relation to a Legal Services Payment Order (LSPO). This was a great opportunity to see how solicitors and barristers work in tandem to support clients, which in this instance, resulted in a successful outcome for the client. This process underscored how careful preparation and the clear delivery of an advocate can influence a judge’s interpretation of the case.
Legal drafting
Contentious work involves drafting a wide range of documents, from pleadings and witness statements to draft orders. Each document requires precision, as it lays the foundation for the client’s case. For instance, I was tasked with drafting a consent order in relation to a child arrangement order. This experience taught me the value of tailoring language to achieve specific objectives and of course attention to detail.
Client relationship management
Contentious matters are often high-pressure and emotionally charged for clients, even more so in family law, making effective communication essential. It has been useful to observe how more senior fee earners manage client expectations, relay updates clearly, and maintain professionalism during difficult conversations. This demonstrated the importance of adaptability and being able to adjust your tone and style of communication to match the needs of different types of clients.
Conclusion
A contentious seat offers a fast-paced environment, a variety of tasks, and exposure to high-stakes scenarios to prepare trainees to think critically, communicate effectively, and approach challenges with confidence. These skills, honed during contentious work, are not only invaluable for future litigators but also form the foundation for a well-rounded legal career.