- The upsides and downsides of the pandemic for junior litigators—remote hearings, a lack of in-person support, and the challenges of virtual networking.
- How firms can support junior members in developing their own practice in a post-pandemic future.
As our brains buzz with uncertainty and bad news, it becomes increasingly difficult to focus. Questions circle around our heads: will the partner I work with want me to attend that without prejudice meeting in person tomorrow? Will I be able to go to my child’s concert next week? Can I really email that partner again and ask what they meant when they replied ‘yes’ to an email in which I gave them two alternatives? Can you order groceries from Deliveroo?
Most of us are probably continuing to work remotely, and while many of us relished this opportunity in March 2020, the reality of spending all of our time at home and disconnecting from our colleagues now seems much less appealing—both immediately, and for our own long-term development.
We reflect on the challenges and benefits which the pandemic has brought to junior litigators, and how firms can support them in developing their own practice in a future where the ‘new normal’ means hybrid working.
In & out of the office
While government guidance and firm policies have evolved over the last year, we have all spent much more time working from home than we could ever have anticipated in 2019.
We have all no doubt viewed this differently from day to day. One day: enjoying the work-life balance; working hard but still seeing our family; taking that 7am call in our pyjamas before doing Pilates; quiet time listening to music of our choice while drafting a tricky document. Another day: struggling with the constant interruptions of a child or pet; missing the sage words of a colleague who overheard your telephone call and experienced the same issue last week; staying online late to finish ‘one more email’ before rolling into bed.
Trainee solicitors have borne the brunt of the downsides of remote working; they miss the almost unconscious learning which comes from sharing space with their supervisor, and are perhaps more likely than most to be jostling with flatmates for workspace on the kitchen table. This experience is far from unique to lawyers; Office for National Statistics survey participants cited work-life balance as the biggest benefit to working from home, and the challenges of collaboration is the main drawback.
Anecdotally, it seems that firms recognise the pitfalls of full-time remote working, and have been enticing junior lawyers back to the office with offers of pizza nights and free coffee. This might be driven in part by clients’ needs—the State of the UK Legal Market 2021 report suggested that clients are becoming keener to develop a strong relationship with their legal team. Such relationships are much easier to develop and maintain in person.
Our own experience is that junior lawyers are ready to be back in the office, engaging with their colleagues and seeking to impress their supervisors in person. However, firms need to acknowledge that working from home is here to stay, and it is flexibility that we are all looking for.
Remote hearings
One of the biggest changes for all litigators in March 2020 was the move to almost exclusively virtual hearings.
The video of a Texan lawyer getting stuck as a cat on Zoom provided much-needed entertainment early last year, but was also a salutary reminder of the dangers of remote hearings. Every litigator seems to have a selection of anecdotes about microphones being unmuted and screens being shared at the wrong moment mid-hearing. Despite these risks, virtual hearings remain popular. In the Business and Property Courts, virtual hearings are now the default for hearings under half a day, with a judge deciding on suitable arrangements for longer hearings
The switch has undoubtedly brought benefits to junior litigators. Without the need to spend time travelling to and from court, it is much easier for junior team members to ‘drop in’ and attend part of a hearing. The difficult art of passing notes to the counsel team during submissions has been replaced by chat messages, giving juniors a live insight into case strategy. And this would not be an article about junior litigators without mentioning court bundles. The default format for hearing bundles in the Business and Property Courts is now electronic, which is welcome news to anyone who has ever had to update a multiple-volume hard copy trial bundle (very quietly) in judge’s chambers. The efficiency gains of remote hearings have, however, come at a price, and most litigators would agree that cross-examination of witnesses in particular is much more effective (and interesting to experience) in person.
Networking in the age of Zoom
It is apparent to us that many of the best sources of work for partners in our firms are the contacts which they made early in their careers. Clients and intermediaries are only going to engage lawyers they trust to handle potentially sensitive and costly litigation, and it is therefore important that junior litigators build their network while they are still developing their experience. With most events cancelled during the pandemic, juniors have found their progress in this area has stalled. That is no surprise—80% of lawyers in the State of the UK Legal Market survey reported that difficulties in developing new business was one of the biggest drawbacks to remote working.
As co-chairs of the Commercial Litigators’ Forum (CLF) Associates Committee, we have experienced the best of both virtual and in person networking over the last year. One highlight was a live virtual walking tour of Venice, another slightly more gritty but equally enjoyable event was an in-person talk by hostage negotiator Suzanne Williams. We learnt some valuable strategies to employ in (less high-stakes) negotiations. Outside of CLF, we have enjoyed bake-alongs and virtual murder mysteries, but will not miss some of the strained conversations which have taken place in Zoom breakout rooms with a large number of participants. Virtual events certainly have some positives, as they are much easier to fit around work and family commitments. However, it is much harder to create truly engaging virtual events—often attendees are distracted keeping track of their inbox. We will be trying out a mix of event types this year to see what works best in the ‘new normal’.
What can firms do?
There is no doubt that the pandemic has presented both challenges and opportunities for junior litigators. We suggest that firms take the following steps to develop and retain their talent:
- Arrange team meetings and important conversations (such as appraisals) in person.
- Ensure junior litigators are invited to calls and meetings, as well as any follow up discussions during which points of strategy are debated.
- Check that juniors are not overburdened with work from different senior lawyers who have no visibility on the junior’s capacity.
- Develop a firm policy which encourages flexibility and recognises the contribution of those working remotely, but highlights the benefits of being in the office when you can.
The CLF Litigation Directory is kept up-to-date by a number leading law firms and used by their associates, partners and PSLs when selecting service providers. It is the only directory operated in this way and is comprehensive with all principal service providers included. Service providers that donate to the National Pro Bono Centre receive an enhanced listing and other benefits. Search the CLF Directory of Service Providers at www.commerciallitigatorsforum.com/directory.
Emma West of RPC & Caroline Phipps of LK Law are co-chairs of the Associates Committee of the Commercial Litigators’ Forum (www.commerciallitigatorsforum.com).
