As the saying goes - time flies...

After two years of being a trainee, I’ve finally qualified as a solicitor! It's the perfect time to reflect on my training contract here at B P Collins and give an insight into my experiences.

When I started in September 2013, I was repeatedly told that two years would “fly by”. I didn’t think it would, as two years sounds like a long time. But like anything, whether it’s three years at university or a Man v Food-style eating challenge, we have a tendency to split big tasks into manageable chunks. And with a training contract, moving to new practice groups every few months can feel like you’re starting a new job each time.

Each practice group has new work, new colleagues, new clients and different ways of doing things. Some are open plan, others individual offices. Far from daunting, I found this really refreshing.

“When you think of a training contract as five seats, rather than two years, it really does fly by.”

I can never say I got bored or even too comfortable, and I was always kept on my toes (Michael Jackson would have been proud).

Let's start at the beginning as a fresh-faced trainee in my first seat - property. I very much enjoyed property; I actually think it should be a compulsory seat for trainee solicitors, whichever firm you're in. It's amazingly pervasive as property-related issues crop up in nearly every area of law.

My time in property was also the most eye-opening. I was thrown into the deep end as the practice group was very busy at the time, and I also had the benefit of returning for a second seat later in my contract.

Upon joining, I quickly grasped the nature of residential and commercial sales and purchases, working on commercial leases on behalf of both the tenant and landlord and all manner of Land Registry applications.

“In my view, property is the best example of working independently.”

Of course, assistance was always available whenever needed, but I enjoyed using my initiative to progress a transaction. There are excellent opportunities for client contact and you would often be a client's first port of call.   

Corporate and commercial (CoCom) was my second seat. I always enjoyed corporate work, having opted for the private acquisitions elective on the LPC and, back in May 2014, I wrote a blog about my seat in CoCom. I met fascinating business people and assisted in a wide range of transactions, including acting for a 3D modelling and printing company in its share sale, advising yacht and rowing clubs in their tax/charity statuses, and amending manufacturing and licensing agreements concerning a global film franchise.

If ever you want a great insight into the formation of companies, their regulatory requirements and how businesses run, then CoCom is an excellent seat to do so. I also saw the collaboration between solicitors in several practice groups working on a single corporate transaction.

I then went back to property for my third seat before completing my training contract with two seats in litigation and dispute resolution. My time here was split between property litigation and general civil litigation. By this time, I was seen as an 'experienced' trainee ("where's my walking stick?!") and therefore had a brilliant level of responsibility, often handling smaller pieces of litigation on my own or being given sole responsibility of a substantial task within larger, more complex proceedings.

In property litigation, I assisted the supervising fee earner in a claim at the First-Tier Tribunal of the Property Chamber involving leaseholders of 36 residential properties and our client as landlord/freeholder (which ties back into the importance of a seat in property!). In general litigation I had a hugely varied workload with, for example, contested probate claims, contractual disputes and unfair prejudice petitions.

It was general litigation where I decided to qualify and (luckily!) the practice group was able to keep me and fellow trainee Rebecca Mitchell as newly-qualified solicitors. Litigation seems to suit me.

“I enjoy assisting clients in resolving disputes they or their businesses may have, to try and think outside the box with the best solution you can find and the excitement of litigation's twists and turns.”

Your training contract, wherever it is, is likely to be career-defining. I learnt not to see it as a long journey to qualification, but to consider each seat as a new stage, or even a new job. Enjoy it while it lasts – it'll fly by.

Posted by Rajiv Malhotra, newly qualified associate in the litigation and dispute resolution practice group.

Having graduated with LLB (Hons) from the University of Birmingham before completing the LPC at BPP Law School, Rajiv completed his training contract with B P Collins. Upon qualification, he joined the litigation and dispute resolution team as an associate in September 2015.

Co-Complimentary – a trainee on the transaction trail

Being a trainee in the Corporate and Commercial practice (CoCom) is an eye-opening experience. I don't mean in the 'aggressive optician' kind of way, but I really have found it fascinating because it's a great opportunity to understand how businesses work in a way that no other practice can show you.

In my opinion, only once you have assisted clients in the context of corporate law do you really have the opportunity as a trainee to get a bird's-eye view of everything – its services and products, structure, share capital, directors, employees, assets, contracts, suppliers, customers, turnover, tax reliefs etc. I often find it useful to draw spider diagrams so I can visualise the structure of a group of companies. At times the diagram can be very simple (probably a pyramid shape) or frustratingly complex (imagine a stick-man fighting an octopus).

I am currently assisting a partner in a transaction in which our client is selling its company. Luckily, I have been involved from the beginning and hopefully will see the deal complete before I move seats. At the outset, the supervising partner told me that by the end of the transaction I will know the business inside-out (and probably better than the sellers themselves). Finding myself in the middle of drafting a disclosure letter, I can certainly see what he means. If you are not familiar with the 'disclosure letter' then I will explain this further below. It is the main stage in a transaction's due diligence process.

Let me give you a brief run-through. The purchaser, Just Buying Limited, is buying the entire share capital of iSell2U Limited (obviously woefully fictitious names). Both parties will enter into a share purchase agreement (SPA) - the main document that governs the acquisition. At the core of the SPA will be the warranties. A warranty is a statement of fact. Numerous warranties will usually appear in a separate (and very large) schedule to the SPA. In an acquisition, the principle of caveat emptor applies (or 'buyer beware'). This means that Just Buying has no automatic protection from the law as to the nature and extent of the assets and liabilities it is acquiring.

So, in order to find out as much as it can about iSell2U, Just Buying will insert numerous warranties into the SPA to try and fish out any areas of concern. There will be warranties in relation to all sorts of aspects of iSell2U's business so that it knows exactly what it's buying. If a warranty does not accurately reflect the true position of iSell2U's business, then it is up to iSell2U's solicitors to 'disclose' against it. These disclosures are made in a disclosure letter. If a disclosure is made against a warranty which does not reflect well on iSell2U's business, then Just Buying may use that disclosure to negotiate a reduction in the purchase price. If iSell2U does not disclose against a warranty when in fact it should have, Just Buying may be able to sue for breach of warranty. This should be avoided at all costs.

Time for an example. A typical warranty could say something like "There are no contracts to which the Company is a party which has more than three months left to run and which the Company cannot terminate by three months' notice or less without payment of compensation or damages". To consider this warranty fully, and avoid the risk of breaching a warranty, I would need to review every single contract that iSell2U is a party to, and read its duration and termination provisions in order to see whether it can terminate the contract with three months' notice without any unwanted repercussions. Every single contract which is not caught by the warranty will then need to be detailed in the disclosure letter. This can take a very long time, but it is a great way to understand the company's contractual commitments.

As you can imagine, after dealing with approximately 40 pages of warranties relating to every single aspect of the business, you begin to know the company very well. It really is a great way to grasp the complexity of a business and adapt what you have learnt to other clients and even current affairs. It is tasks like these that make you realise how useful a seat in CoCom is, wherever you may want to qualify.     

Posted by Rajiv Malhotra, trainee in the corporate and commercial practice group

      

Rajiv graduated with LLB (Hons) from the University of Birmingham in 2007, before completing the Legal Practice Certificate at BPP Law School in London. After acting as a Legal Assistant with a large Watford firm, Rajiv joined B P Collins in April 2012 as a paralegal before beginning his training contract in September 2013.

A day in the life of a corporate and commercial trainee

Having selected the Corporate and Commercial practice group as my final training seat it has been a rewarding experience to begin honing the skills I will now need throughout my career. My days as a trainee in CoCom vary between corporate transactional work designed to test the sharpest mind, to researching caselaw for three of the six partners within the practice group. And before you ask, CoCom is short for Corporate and Commercial in the B P Collins dictionary.

After my regular morning catch up with partner Vicky Holland, my trainee supervisor, I begin my day by checking my emails. From the emails, I identify action points and prioritise tasks in relation to the matters I am assisting with.

 My first task is to review due diligence information provided by our client on a business sale. As an integral part of the transaction, I will present my findings to and discuss my thoughts with both the partner and associate working on the transaction later today. These transactions are particularly document heavy so those three little words that you heard so often at law school, “attention to detail”, play an important role in the due diligence process.

The practice group is always actively searching for new opportunities and tomorrow, in partnership with NatWest Bank, CoCom partners Diane Yarrow and Simon Deans will host an important pharmaceutical and healthcare sector lunch with key companies in the local area. Lunches like these require a lot of planning and research. Both partners will need to be briefed on who they will be meeting, which areas of the sector each business deals with and how we could potentially assist.

Maintaining and cultivating key contacts within corporate circles is one of the most important parts of any commercial law practice and the firm prides itself on adding value to our client’s businesses at every stage of a businesses growth cycle. The industry analysis is a nice break from the lengthy documents I had been reading and the timing (before lunch) is fortuitous.

One of the many perks of training here is that we are given a good amount of responsibility and client contact. The telephone rings regularly with urgent requests from fee earners in the practice group and across the firm. These requests often mean that I get to speak directly with clients and this morning is no exception as a senior associate asks me to make an application to restore a company that has been struck off. The matter is time sensitive so I will need to draft the application and supporting witness statement for approval this afternoon. I will have to send the documents to court today. My colleague informs me that, in relation to distinct parts of the matter, I am the client’s point of contact.

I spend the rest of the afternoon discussing my progress with several fee earners who have assigned me tasks to complete throughout the day, before I begin to draft a tripartite investment agreement and ancillary documents for one of the partners.

As everyone slowly starts to slip out of the office, to complete my day I usually file appropriate forms with Companies House and update some company books. Before I can head off home, I check returned dictations for accuracy and finalise any letters before filing emails and correspondence.

Posted by Araba Amissah-Arthur, trainee in the corporate and commercial practice group

Araba joined the firm as a trainee in September 2011. She graduated from the University of Warwick with a BA (Hons) in Politics and International Studies and completed the Postgraduate Diploma in Law and the Legal Practice Course at BPP Law School in London. She then worked as a consultant in a national Employment Tribunal representation service for three years.