NQ blog - February 2015: Handling cases from start to finish

One of the things I enjoy most about my role as assistant solicitor at Fleming and Reid is the degree of professional autonomy allowed by my senior colleagues in the office. Having recently progressed from my traineeship to NQ position, I now have responsibility in some cases from dealing with a file in its entirety, from the creation of the file until it is closed and sent for feeing. There are several important aspects to this.

Firstly, the importance of keeping abreast of updates in the law cannot be overstated. This is important particularly if you practise in several areas of law. In my last blog, I spoke about having the opportunity to work across different areas, including crime, civil law, children’s panel matters and mental health law.

However, in doing so, I require to have a working knowledge of the different rules and authorities in each area. This will help you when you come to the point of having to start a file, give the initial advice to the client and then have responsibility for the management of the file and preparing the action.

Another crucial aspect of managing files appropriately is the responsibility to keep clients informed at all stages of the progress of their case. Whether by writing to the client or by meeting with them and discussing the case, they should be given a realistic evaluation of the prospects of their case.

For example, I regularly meet with clients in the office to discuss the terms of the disclosure from the Crown Office regarding their criminal matter. I also attend various hospitals to meet patients who are detained on a hospital order to discuss the legal aspects of their mental health matter.

In our office, case preparation can take several different forms depending upon the type of file for which my colleagues and I have responsibility. For an upcoming criminal trial, invariably we will require to research relevant authorities and prepare our cross-examination based on the client’s defence position and the information contained in the disclosure material.

Similarly, at children’s panels and mental health tribunals we may be required to prepare submissions on behalf of the client, depending upon the issue at hand in the hearing and depending on the information contained in the relevant papers. This also applies in my experience of conducting parole hearings and benefit appeal hearings.

Organisation is key. You should know exactly what papers you have, their content and what, if anything, is outstanding. Give your papers, correspondence etc some form of order and work through matters methodically, keeping your client’s instructions at the forefront of your mind at all times.

The progression from trainee to NQ can involve significant changes in your workload and responsibilities. Make sure you ask for assistance whenever you feel you are unsure of how to progress a case or if you are unsure what to do in a particular situation. Whilst you are a qualified solicitor, no one will expect you to know everything straight away. It is about managing your progression.