SULS Footnotes is a podcast hosted by students, for students, presenting new and intriguing stories about the law. They’ll be releasing monthly podcasts throughout the year, so make sure to check them out on any podcast platform (Spotify, Apple Music, etc.) and follow SULS on Facebook and Instagram.
Here are the highlights from their most recent interview with Allens on ‘A Day in the Life of a Litigation Lawyer’, with Lucy Zimdahl and Daniel Emmerig from Allens’ Disputes team, to see how the process of litigation unfolds on a corporate scale.
What does an average day for you look like?
Lucy: I probably spend a lot less time in court, and spend a lot less time at my desk in front of a computer than you would imagine. A lot of my day is meetings with barristers, with clients, with internal team members and emails back and forth. I would think that I’m in the office 95% of the time.
Interviewer: How many opportunities are there for pro bono work?
Lucy: A lot! You are encouraged to treat your pro bono workload very much on level with all your billable client work. It's a big part of what we offer at Allens, definitely check out the website if it’s something that interests you!
Are there any large differences between the commercial approach against the traditional approach that law students might be more familiar with?
Daniel: In law school, you’re writing an exam response examining a fact scenario. When you're actually practising law, you also have to consider things like commerciality; assess the risks. It's more of a consideration in the context of an operating business than in an exam.
Is going to Court intimidating? And does it get easier?
Lucy: It is still quite intimidating and incredibly adrenaline-filled. Even though you are not doing the advocacy, you have to be switched on, which is quite tiring but thrilling; it’s one of the things I find most gratifying about being a litigator.
Daniel: When you're the junior lawyer, you will be going through the documents and will become very familiar with the minutes. If there is a question and the barrister turns around and asks you what actually happened, then you have to find the document or the evidence to clarify. It can be very exciting and intense.
What is your role in the courtroom? Is it always high adrenaline and high stakes Suits style?
Lucy: [laughter] Ignore what you see on US TV. You don't whip out the smoking gun document dramatically and you're not allowed to ambush a witness. Compared to what you might see on Suits, it's very diplomatic and civilised and the emphasis is on time efficiency and cost efficiency. Having said that there can be plenty of drama: opening and closing arguments from barristers are often a sight to behold and everyone is on the edge of their seats during a witness cross-examination.
Daniel: It's very tense as well for the lawyer because you have quite a personal stake in this matter. Something could happen in the next half an hour which could make or break this whole thing. It is great to watch the product of all your work and it's also very exciting because you don't know what's going to happen.
What are the key skills required and the pressures of your role?
Lucy: Ownership in taking initiative is a really vital thing. The grads I admire most and see the most potential in are the people that will come to a meeting with me and, without any prompting, will say what they would do next. That's important because everyone has to keep driving things forward and making progress.
Daniel: At the entry-level, the particular skills you need would be the ability to learn on the job. Also having the ability to do a draft and accept that it's still a learning process; you're not going to truly master this kind of work for another few years.
Lucy: I guess some of the pressures are that the turnaround times need to be really fast. But the nice thing about litigation is that it naturally ebbs and flows. And even when it is busy, it's typically because you're on the cusp of trial or settlement of an arbitration. These are the most exciting time in that matter’s life cycle as well.
Interviewer: Do you have any general advice for lawyers wishing to become involved with or learn more about your work?
Lucy: In an ideal world, a summer clerkship or work experience with a barrister would be fantastic. On a more real level, think closely about the resources that you do have at your disposal. Your lecturers and tutors have many of their colleagues practising in law firms in Sydney; maybe they could put you in touch. Talking to people in the industries that you're interested in is the best way to understand what your future would look like in practice.
Nowadays I think there's probably better access for students to information about law firms. We have Allen’s Confidential podcast that’s run by our graduate; firms also publish updates on their websites about significant matters.
Two other tips I would give is that there are probably opportunities at University to volunteer with legal advice clinics, it will give you really significant meaningful experience in diplomacy, drafting, negotiation skills and matter management.
The other is to follow Chambers, where different barristers publish case summaries that will be focusing on the legal issues at the heart. If you keep abreast of those you’ll understand the kind of disputes we, at Allens, face. That’ll be essential in coming across as well rounded and well developed as a law student applying for work experience.
Daniel: If you’re particularly interested in litigation or disputes, working for a barrister while you're at university is a very good option. You can see the differentiated roles between barrister and solicitors, and you may get chances for having a crack at first drafts of things, commissions or even discussing a matter with someone senior.
[Interview ends.]
If you want more insight from Lucy and Daniel on what the role of a litigation lawyer entails, have a listen to the full episode ‘A Day in the Life of a Litigation Lawyer’ by Footnotes on your favourite podcast platform.