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Published September 12th 2024
Home > News & Insights > Article

Balancing Transactional and Contentious work in Construction & Engineering

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Author
Sena Guvercin
Sena Guvercin

I am currently in the last seat of my Training Contract and I have had the opportunity to undertake a split seat in the Construction & Engineering team, where my time is divided between transactional and contentious work. This experience has been very rewarding, offering me a comprehensive understanding of the legal landscape in construction and engineering.

Transactional Work: Building the Foundations

In the transactional aspect of this seat, trainees can get involved in drafting and negotiating contracts, advising clients on procurement strategies, and ensuring compliance with regulatory frameworks. This part of the training allows them to develop a deep understanding of the intricacies involved in construction projects, from inception to completion.

Contentious Work: Resolving Disputes

Conversely, the contentious side immerses trainees in dispute resolution, involving litigation, arbitration and alternative dispute resolution (ADR) processes. This involves preparing case files, conducting legal research, and assisting in negotiations and mediations. Handling contentious matters hones analytical and strategic thinking skills, crucial for resolving complex disputes.

Benefits of a Split Seat

1. Holistic Understanding of the Industry

One of the primary benefits of a split seat is the holistic perspective it offers. By engaging in both transactional and contentious work, trainees gain a comprehensive view of the sector. This dual exposure helps in anticipating potential disputes during the drafting phase and crafting more robust agreements.

2. Skill Development

The split seat is instrumental in developing a diverse skill set. Transactional work sharpens attention to detail, negotiation and drafting skills. On the contentious side, abilities in research, advocacy, and problem solving are enhanced. This versatility is invaluable for a well-rounded legal career.

3. Client Relationships

Working on both sides of the spectrum strengthens client relationships. Clients appreciate a lawyer who understands both the creation and resolution of legal issues. This dual capacity allows trainees to provide more comprehensive advice and build stronger client trust.

Challenges of a Split Seat

1. Time Management

Balancing the demands of both transactional and contentious work requires excellent time management. Juggling different types of tasks and deadlines can be challenging, but I would say that it has taught me to prioritise effectively and stay organised under pressure.

2. Diverse Knowledge Base

Each side of the split seat demands a distinct set of knowledge and expertise. Keeping up-to-date with the latest developments in both transactional law and dispute resolution can be demanding but is necessary to provide accurate and effective counsel. It is also a great way to prepare you for the ‘real world’ once you are qualified.

3. Mental Flexibility

Switching between the collaborative nature of transactional work and the adversarial environment of contentious work can be mentally taxing. Adapting to different mindsets and approaches is essential for success in a split seat.

Overcoming the Challenges

1. Structured Planning

To manage time effectively, I have adopted a structured planning approach. Breaking down tasks into smaller manageable parts and setting clear priorities has helped me in meeting deadlines and maintaining high-quality of work.

2. Continuous Learning

Staying abreast of legal developments in both areas through continuous learning and professional development is crucial. I would definitely recommend ‘The Construction Briefing’ podcast from Practical Law as a great way of learning about key developments in the sector as well as industry publications to keep your knowledge current. Team meetings are also a great way learn about updates.

3. Support Systems

The support from your Supervisor and the rest of the team is invaluable. Regular check-ins and feedback sessions have really helped me in navigating the complexities of the split seat, ensuring continuous growth and learning.

Conclusion

Doing a split seat is an enriching journey. The blend of transactional and contentious work has provided me with a robust foundation and a diverse skill set. While there are challenges, I believe the benefits outweigh them, preparing us as trainees for a dynamic and fulfilling legal career.

If you have any questions about life as a trainee in a split seat or as a trainee at Michelmores more generally, please feel free to reach out via email or connect with me on LinkedIn.

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Author
Sena Guvercin
Sena Guvercin

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