Contentious Trusts & Disputes with Elle McDonald
This week, we’re brewing up with Elle McDonald. Currently six months into her job as a Contentious Trusts and Disputes solicitor at Bolt Burdon, Elle takes us through what working in Contentious Probates actually involves and the key things anyone aspiring to follow in her footsteps needs to keep in mind.
Unfortunately, the death of a family member can cause arguments and disagreements between those left behind. Perhaps someone has been left out of a will, or the wording of the will is unclear or contentious, or there’s a dispute over how a trust has been set up. In these situations, people often turn to a lawyer, and this is where someone like Elle will come in.
Elle’s role is to represent the best interests of her client, whether this be the claimant, defendant or the executor of an estate. Often this involves trying to find an amicable solution that everyone can live with. It’s rare that either side will get everything that they want but working in Contentious Disputes, you need to be confident negotiating and mediating to achieve a good result for your client. Usually, the last thing you want is for a case to go all the way to court. Although sometimes unavoidable, most clients will be ordinary, everyday people who aren’t arguing over ridiculous amounts of money (despite perceptions from pop culture suggesting the contrary!). Incurring the huge costs of a court case are rarely in their best interests, and judges aren’t shy about penalizing lawyers who allow cases to get so far.
One of the most exciting parts of Contentious Trusts and Disputes is the variety of cases. However, this also means that strong organization and the ability to multitask are absolutely essential; without these, you won’t make it far. You’ll be working on multiple cases at the same time, often with strict deadlines in place that are written in law, for example with claims that fall under the 1975 Act. It’s vital to set yourself reminders, make notes and flag potential issues as you dip in and out of different cases every day. Although this can sound rather intimidating and confusing at first, the good news is that it does become a lot easier when you’re in practice and become familiar with your own files.
Within this varied workload, where no two cases will ever be exactly the same, the legal frameworks will remain a constant anchor. There are legal criteria that need to be fulfilled to bring a successful claim and working out whether or not these have been met involves a lot of research and fact finding. This sounds like quite general legal work, but where the specialism comes in is through the ability to spot clues or patterns that most people would completely miss, but which may have a massive impact on the outcome of a case. Having the opportunity to work on cases on behalf of both claimants and defendants also means that you’ll become much better at preempting how the other side is likely to respond, making the process of managing your client, and their expectations, easier.
This client management aspect is another key challenge that comes with working in this area of the law. People are usually suffering, grieving the loss of a loved one or feeling anxious and worried or the future. Emotions are often running high for Elle’s clients, but it’s important that she can separate the facts from the emotions. Be mindful that your client is likely in a difficult place but still make sure that you get all the details you need. Be honest with them about the strength of their case and the possibility that they may incur substantial legal fees, with no guarantee of success. At the same time, you don’t want to be overly formal and alienate your client. It’s important to establish a sense of trust and comfort; if your client feels comfortable, they are more likely to reveal details which could make all the difference. Usually, a better relationship with your client means more confidence that you’re doing your best and working for their interests.
Bringing your own personality to your work, while still remaining professional, can be a difficult balance to strike. Strong interpersonal skills are vital for anyone wanting to work in contentious disputes. It’s important to be empathetic, caring and understanding, so that your clients feel comfortable reaching out to you. These can seem like difficult skills to grow and hone while at law school – law syllabi don’t really offer much in the way of developing in these areas. However, you can make an effort to showcase your personality while undertaking your studies. While many people try to blend into the background and fit the mold of what they think makes a good lawyer, have the confidence to humanize yourself by embracing your differences and individual traits. Not only will this make it easier to bridge the professional and personal when it comes to dealing with future clients, it’ll likely make you more memorable and help you stand out from the crowd when applying for jobs too. Of course, it is important to focus on the academic side and do the best that you can, because you have to be intelligent and up to speed to be a good solicitor. But also take a step back and think about what you have to offer that others don’t.
As with any area of lawyer, those of you aspiring to work in Contentious Probates will face a lot of competition. There will be dark days when you find things tough. When you do have these moments of self-doubt and feeling like you’ll never make it, Elle’s key advice is simply to try to remain optimistic. Don’t dwell on the things you haven’t achieved but focus on the things that you have and can achieve. Nobody knows what the future will bring and, at the end of the day, being a solicitor isn’t the be all and end all of life. Whether you land that ‘dream’ training contract or not, the journey doesn’t end there – there’s a lot more to life and a lot more success to be had.
Our three key takeaways from this week’s chat with Elle are:
Be adaptable. Working in Contentious Trusts and Disputes means that you’ll be working on multiple cases, and from different sides. It’s important that you feel comfortable multi-tasking and dipping in and out of different files.
Be organized. Working on such a variety of cases can make it hard to keep track, however there are often strict deadlines to be aware of. Write notes, flag issues, set reminders and talk to colleagues to help you keep up.
Be personable. You’ll often be dealing with clients in distress, at times when emotions are running high. You need to remain professional and honest, managing your client and their expectations. However, you also need to foster a sense of trust and comfort with them.
Contact Elle McDonald on LinkedIn
