Monday, 17 August 2009

Management meeting

Had my first management meeting today. Went well. Apparently my efforts not to drown in too much info by noting everything on the file is seen as being organised and not lacking in mental abilities (all of my colleagues seem to be able to remember the last detail of every case off the tops of their heads).

Lunch was hectic - was looking forward to a break but the phone kept ringing. One witness was livid. I'd sent him a copy of what he'd said to me. "No! I can't say that, I'm not qualified to say that. That's not what I want to say". But you did! That's why I wrote it down.

Just when I thought I could cope with the phone and nibble my lunch at the same time, reception called. A client had popped in to see me and drop off photos he thought I should see. No rest for the wicked!

Sunday, 16 August 2009

New trainee

I'm not the newbie any more - one new trainee has started and there's another coming soon. Although I'm only a few months ahead of them, because I've passed the basic hurdle of getting used to the system, and have (hopefully) shown the office I can cope with the things that are thrown at me, I've been told that I may as well be a whole year ahead of them. It's a perception thing. At least, thats the experience of last year's trainees!

I am beginning to feel that I'm covering a fair spread of what I might eventually be doing, apart from, of course, being allowed to open my mouth in court! At the beginning I was excited by the tasks I was being given. Whilst they seem basic compared to some of the more technical legal activities which I've been trusted with, the importance of a good basic precognition is only becoming more acute as the basic building block in gathering evidence. And whilst I was very excited to be passed clients of my own, I'm now juggling an increasing load of cases.

I can still take comfort, though, as a trainee... my juggling efforts look small time compared to the 100+ files the 2nd year trainees and NQs have on their desks.

Friday, 7 August 2009

First summons

Better get used to saying "its been a busy week" - think thats how it's going to be from now on. It's not a bad thing if you manage it all properly, had considered a grimace when being given new tasks to dissuade people from giving me too much... but then again as a trainee I'm striving to be helpful and capable so will be grateful for everything I'm given!

Have had some very interesting things this week. Top of the list was drafting my first summons. This of course involved thinking about liability, injury and quantum, so had to spend some time valuing the claim and wondering if my assessment was realistic. Of course it doesn't matter what I put, the answers are always going to say "The sum sued for is excessive"! Hopefully there's enough of a case there that it doesn't get punted out on a rule 22 note (if thats the right one I'm thinking of).

It's now over 2 months since I started. I'm still overjoyed to say that the place is still as much fun as when I started. The atmosphere is still friendly and open. Results are undoubtedly expected, but they are achieved with a positive vibe rather than driven by fear.

Wednesday, 29 July 2009

Another week

Another week has zoomed by. I'm now managing my cases, and fitting these around the various tasks that are sent my way. My managing partner asked me how my workload is - shouldn't be twiddling my thumbs, but definitely shouldn't be pulling out my hair under an unmanageable weight!

My own case load is growing. I'm finding it much more useful progressing my files, as I have to know (or find out) all the various procedures / forms, assess whatever I need to know about liability and the losses or injuries suffered, and get the necessary evidence. Some of it is quite interesting - such as finding out in detail about industrial processes.

I've begun to notice how much some people despise their jobs. Some people have to put up with pain and discomfort, which they can't avoid. I've also had a few interesting dealings with witnesses. In one day I had both ends of a spectrum - a witness who was just not interested in revealing anything - it was like pulling teeth - to another witness who had been made redundant and hated his old employer. He was desperate to dish the dirt.

My Law Society ID card has finally arrived. Now I can waltz into court without being searched, and without having to queue with everybody else. Unfortunately the arrival has coincided with the inevitable decline in opportunities to actually use it! My workload is increasing, plus there's a new trainee starting on Monday, so we'll have to take turns in going to court.

Wednesday, 22 July 2009

Proof

Sat in on a proof today, which was brilliant. It's very different to all the procedural stuff that goes on beforehand - in some ways looks easier, as you'll have specifically prepared for that and know the file, but in many ways harder as it's down to advocacy.

It was also interesting to watch. The solicitor I was with doesn't have huge experience of proofs, and was up against Mr Slick - the partner in his firm, who used every trick in the book - it was clear he hadn't done the preparation and ground work and instead relied on his impressive gravitas and advocacy skills.

I was hoping for a decision soon, but sadly the Sheriff (who wasn't shy to intervene) said that as he has so many on which he's taking avizandum, it will be 10 weeks to find out whether classy advocacy beats preparation and quality evidence.

Tuesday, 14 July 2009

Working on my own files

I'm enjoying working on my own files. I'm getting to work out just what to do, what I need to find out to assess liability - who I need to speak to, what other evidence I need, and what the law is.

At the same time, I am responsible to the client. Although ultimately I am supervised, I still obviously strongly feel that I don't want to let the client down. I'm being extra diligent!

Saturday, 11 July 2009

Bad Law

Am beginning to learn about bad law. How does it come about? I've seen 2 types so far.
One is law lords down in London coming to inexplicable conclusions - with detailed reasoning that doesn't match the outcome, or follow statute (thought they weren't supposed just to make it up!). It makes it hard to know the law and predict an outcome.

The other can be blamed squarely on lawyers who don't consider the issues, prepare properly, or have poor advocacy. There will be a decision or an award that is out of line with what the client should have expected.

The upshot is that it makes it everybody else's job much harder! Bad lawyers mean bad precedents for their colleagues later on. It also means you have a responsibility to do your own job properly or you risk messing things up for everybody else!

Thursday, 9 July 2009

Clients

Had my first disappointing client experience today. Having spoken to some witnesses, it looks like the client's take on what happened doesn't exactly match what happened in reality, and that the client is hardly the innocent party. I guess it's part of investigating any claim and finding out now saves lots of wasted expense and possibly very red face in court!

On the other hand, had a couple of comedy moments taking client statements today. One factory worker said that his colleague had said "Oh my goodness, I have cut off the tip of my finger!". When I asked him if that's exactly what he'd said, he admitted not exactly, it may have been in slightly stronger terms.

Another comedy quote was from a friendly girl who had witnessed an accident on the other side of the road. I asked her where it happened and she helpfully said "I was on the left, and the oncoming cars were to my right on the road". That settles that then!

Tuesday, 7 July 2009

Settling in

I'm beginning to feel like I'm settling in and getting into the swing of things. Work is being handed to me routinely (well a bit more than routinely... NQ in the office is passing me tonnes!) and I'm also dealing with my own caseload. The task now is not to work out what to do / how to do it, but has moved on to managing it all - doing the right work at the right moment and making sure it is properly time recorded.

I'm also finding that I'm chomping at the bit to progress and investigate my own cases. My other half asked me how much investigation I need to do, and whether I trust my clients. The simple answer is that if they were telling porkies, I'd be wasting my time if it got as far as court - you can be sure the other side will have checked out everything they can.


Friday, 3 July 2009

And I thought intimating someone elses claim was exciting

SO yesterday I was excited about preparing to imtimate a claim. It was a file I had worked on, but it was a colleague's file.

Today I'm getting ready to do the same for one of my own clients. Have to admit that it's really exciting. I've done it all myself so far, and it's all down to me (and up to me too). It always helps that I like the client, who has been hard done by. That's what it's all about.

Less exciting things today included preparing a bundle for an advocate, which was a fairly big task. And annoying a solicitor with too many questions so that in the end I had my head bitten off a little... guess it goes with the territory!

We're off to a training day next week. Apparently one of the other new trainees, due to start fairly soon, will be there. Will be nice to meet them, hope they don't show me up!

Thursday, 2 July 2009

a mad day!

Totally crazy day today. Started off quite excitingly - prepared my first intimation of claim, kicking off the process officially.

After that the work just started piling in! My to do pile grew madly. At the same time every client wanted to chat. While I was on a call the voicemails came in. While I listened to the voicemails more voicemails came in! Did enjoy talking to clients and witnesses today though, everybody was being helpful!

I guess this is how its going to be. Enjoyed it but, it really teaches you to prioritise!

Wednesday, 1 July 2009

Meeting a friend

Finally met the first of my diploma buddies to have started his traineeship. I knew there was someone else out there and that I was not the only one to have started! He looked very professional and grown up (more than I do!).

Tuesday, 30 June 2009

Patient partner

The firm has a big case about to start, and I asked the partner about it. He sent me details of the action, which I then read and fired back a few Qs. Was very surprised (and more than a little pleased) when the partner came to my desk this afternoon and went over my questions. I know it's not a very big thing, but it was great that he did so!

Monday, 29 June 2009

A case load

Have finally reached that stage... I have my own caseload. Now I'll need to juggle priorities, watch deadlines, keep track of my files, remember which client is which. It's slightly daunting. The powers that be have clearly decided that I'm up to the task. Yes, I now have my own files, my own case load. I can hold my head up high with the solicitors in the canteen, each with their caseloads of 100+ cases now that I have one too. Err... except that mine comprises 3 cases so far :)

Actually I'm rather pleased about it. It will give me a proper chance to work out exactly what it is you do with files. It's all very well looking at a statement and working out this was breached, liability sits there, or whatever. The less fun part is the important bit - dealing with the client, sending letters, working out how to make entries on the computer system, and combining that with other tasks (I still have my mountain of tasks to do, statements to take, that kind of thing). Plus I still get to do the fun bit of working out if there is a case there and intimating it to the other side... with the secret hope that I'll get to raise it in court. On the other hand, unless it takes 11 months from now to get that far, it won't be me in court doing the fun bit!