Contentious vs Non-Contentious Law
It's been a busy month for TSP's growing Dispute Resolution team! From her latest seat, Sahrish Nadim, reflects on how contentious and non-contentious law differ, highlighting the different skillsets required for those considering a legal career.
As a fourth-seat trainee solicitor, returning to a litigious seat after spending the past year in Wills & Estates and Company & Commercial has reminded me first and foremost about the distinction between contentious and non-contentious law. Both are challenging and rewarding in different ways.
I have found that contentious law sharpens advocacy and the ability to problem-solve under pressure, while non-contentious work hones drafting, negotiation, and client management. Of course, no one skill is limited to any ‘type’ of work, and in any event, the practice of law demands attention to detail, file management, good communication, and time management, but these two areas can be broadly divided as below:
Contentious law involves disputes between parties that may lead to (or have already resulted in) litigation, arbitration, or other forms of dispute resolution. At TSP, our main two contentious departments are Personal Injury & Clinical Negligence (PICN) and the aptly-named Dispute Resolution; our employment team does provide some contentious services but it is not its sole objective. These areas of law are often reliant on limitation dates and court availability, making it fast-paced and unpredictable. A solicitor in this area will typically find themselves in collaboration with legal professionals, such as barristers, and will often require evidence from experts in completely different fields of knowledge. Trainees will often have the opportunity to draft documents such as witness statements and pleadings, learn how to prepare court bundles, arrange conference with various parties and keep up to date with changes in court proceedings. If a trainee is exceptionally lucky and everything aligns perfectly, they may even find themselves attending a court hearing.
Non-contentious law is the transactional side of legal practice. Here, the work is focused on drafting and advising on agreements, legal structures and estate planning/management. Common areas include corporate law, property, wills and probate, and employment (in its advisory form). There is much less focus on engaging with barristers but collaboration often continues in a different form through discussion with accountants, surveyors and land agents. Trainees will have an opportunity to draft legal documents, such as non-disclosure agreements, wills and lease agreements, keep up to date with ever-evolving law and support the team with research for client-friendly communications. Though equally demanding, non-contentious law is typically driven by negotiations or deal structures rather than court timetables.
Of course, the two areas work in tandem; it is generally considered good practice to take advice from your colleagues when you see that a client would benefit from their experience. It is also important to spot when a non-contentious matter is at risk of becoming contentious, and knowing when to hand over a matter to a litigation colleague. One such example is in property law, where solicitors may notice that boundaries have been marked incorrectly, and find that the parties are unwilling or unable to resolve this amicably – this is when a property litigation solicitor would be brought in, and would be instructed to take instructions from the client on their desired outcome. It is extremely unlikely to experience just one ‘type’ of law in isolation, and that is where the day-to-day experience of the seat comes in most useful.
Contentious and non-contentious law will often have different work rhythms and daily demands, and for any trainee currently going through the highs and lows of seat rotations, having the opportunity to “to walk a day in their shoes” is tied inexorably with developing your skillset. In my case, my Company and Commercial seat instilled in me a habit to research referenced law, and my supervisors would allow me the time to research tasks and review precedents before drafting. This had the effect of teaching me how to find reliable information quickly, and now that I am in Dispute Resolution, my research skills are significantly improved, and I have grown more comfortable in breaking down complex tasks. I have more to learn, of course, but knowing that I have had an opportunity to develop skills such as these has added to my confidence – something sorely lacking in many a trainee!
Having the opportunity to experience both sides of the law is invaluable. Some trainees gravitate towards the strategy and adrenaline of litigation, while others prefer the constructive, collaborative nature of transactional work. Some would rather not choose, and aim to qualify into areas of law that allow for both work types - for example, employment solicitors may advise on contracts (non-contentious) and represent clients in tribunals (contentious). The trainee rotation system is designed to expose you to both, helping you discover where your skills and interests align over time. I am fortunate that in my time here, I have been supervised by many excellent solicitors, and given every opportunity to discover what I find interesting. I look forward to seeing what unfolds!