Getting the basics right

Introduction to professional legal skills 

I am often asked “what do trainees actually do?” and the truth is, there is no definitive answer. In reality, being a trainee is probably rather less glamorous than you think/hope. Of course, some of the work can be very interesting and, depending on where you train, much of it high profile. However, a training contract is a learning process and nobody starts at the top.

Note that “high profile” work doesn’t always mean “interesting” work for juniors. You might be working for pioneering, multinational clients on deals worth billions, but this can translate to creating bundles, proofreading documents, filing correspondence and so on. Similarly, “international” work doesn’t necessarily mean more intellectually stimulating work. Often, it means you’ll be working across time zones (so constantly trying to figure out the time in Honk Kong, New York and whichever other jurisdictions are involved) whilst chasing multiple foreign law firms for input (as they will usually be the ones engaged to advise on international law, not you). 

It’s project management and time management more than the multijurisdictional practical application of the law. And successfully project managing these processes as a trainee is paramount. Part of the skill, especially as you become more senior, is knowing when to engage local counsel, which firms to use, which questions to ask, and how to incorporate their input into the relevant documents and notes of advice.

With this in mind, this chapter gives an overview of what is generally expected of trainees, including the relevance of key trainee skills and attributes, examples of feedback from real trainee appraisals, and tips on how to demonstrate key professional skills.


Getting the basics right

Being aware of what you don’t know is a huge challenge for lawyers, especially those in the junior stages of their careers. You might be able to understand the provisions of a document you’re reading and how they all fit together, but this doesn’t mean you’ll necessarily be aware of any key missing clauses that should be included as standard. Put simply, you often don’t know (and can’t necessarily be expected to know) what you don’t know. So recognising gaps in your knowledge, then taking active steps to ask the right questions and plug those gaps, is key.

With this in mind, you should constantly seek to learn, develop skills, gain experience and improve. And even the most basic work can help you to do so. Of course, lawyers are expected to draft accurate, water-tight documents, manage efficient and compliant legal processes, and give succinct, easily-digestible legal advice. However, you most likely won’t be given responsibility for more interesting, substantive work until you have demonstrated that you can handle the simpler stuff.

Now, this isn’t a bad thing. Administrative tasks such as proofreading and coordinating others can offer invaluable exposure to the types of documents and processes you might be responsible for as an associate, but without the pressure of real accountability. When you then come across the relevant documents or processes in the future, they will hopefully seem more familiar, meaning you’ll be better placed to take on a more substantive role (without there being such a high risk of you feeling overwhelmed and getting it wrong). So as a trainee, be thankful if a particular task isn’t beyond your capabilities. At the outset of your career, it’s better to have the opportunity to do a solid job on a simpler task rather than being thrown in at the deep end and screwing up a far more complex assignment.

As explained by associate Katherine Cousins in her book ‘Successful Solicitor’: “Being a trainee is about doing your job. Learning the basics. This level encompasses all the things that no one will thank a law firm for, but everyone will complain about if they aren’t in order. No one is really paying you for a perfectly formatted note, they’re paying for the advice it contains. But if the formatting is off, if it looks sloppy, then the client won’t feel as secure about the advice it contains. They’re paying for a professional service and that includes the little things, like perfect spelling and a quick response to their emails. And whilst perfect formatting, spelling and grammar might feel menial and small, they’re the foundation on which everything else is built. And everyone higher up the chain is counting on you to be their foundation.

In other words: get the simple stuff right, and you’ll start to earn a reputation as someone who can be relied upon, which can lead to others delegating you more exciting, intellectually challenging work. And as you progress, this should lead to you becoming more integral to the team, and hopefully receiving an offer to join the team on qualification.  So maintain a positive attitude and be as helpful as possible from the get-go.