Which area of law is right for me? by The College of Law

WHICH AREA OF LAW IS RIGHT FOR ME? From criminal litigation to environmental law, there are many practice areas you can delve into as a lawyer. The wide variety of options means there is something for nearly everyone out there. We’ve compiled a list of skills you need for 13 popular legal areas of practice to help you narrow your options and work out which suit you best.

CRIMINAL LAW

The skills you need NEGOTIATION

LITIGATION

Good client advocacy requires a unique ability to deal with public prosecutors empathetically and effectively. Negotiating an outcome your client can accept depends on how well you build these key relationships and understand what your client needs and wants.

Much of criminal lawyer’s work is done in court. Mastery of court procedure, examination/ cross-examination, adducing evidence, and making submissions are essential to your success as a criminal lawyer.

SENTENCING

COMMUNICATION

Should a client proceed to sentencing, a strong understanding of the often-complex sentencing process will assist you greatly. Navigating the discretionary aspects of sentencing procedure can help clients come to terms with a conviction.

Oral and written communication are essential skills, particularly when dealing with a diverse range of clients who may come from various socio-economic and educational backgrounds. You will need to clearly communicate the impact and outcome of making certain decisions regarding guilty pleas or going to trial.

EMPATHY

SOCIAL JUSTICE

Alongside a need for strong communication is empathy. Your clients will be undergoing what might be one of the most confronting experiences of their lives; some of which may be a result of systemic injustice. You will need to understand what your client is going through, defend their interests, while maintaining your duty to the court.

Crime is often in part a product of circumstance and lack of opportunity. Understanding the broader social context in which your clients may be committing crimes can provide vital insights into breaking cycles of criminality.

RESILIENCE Building resilience is essential and takes time. Criminal lawyers may experience a significant level of exposure to challenging and confronting situations through the cases and people they encounter. It is recommended that those interested in criminal law also seek out programmes and training to strengthen their resilience with every new challenge they face.

IN-HOUSE PRACTICE

The skills you need ANALYTICAL MINDSET

COMMUNICATION

You will need to analyse complex legal issues, along with finances, employment agreements, contracts and more. You will need to see the big picture, including industry trends and business strategy, while ensuring no detail is overlooked.

Clear written and oral communication is key. It is also your role to ensure there are no misunderstandings. Remember: you won’t always be communicating with other lawyers!

BALANCE

RISK MANAGEMENT

It is important to balance your role as facilitator against your compliance obligations. You are a part of a team to help your organisation achieve its goal, but you also need to make sure your client is complying with the law.

A lot of decisions organisations make come with big consequences. It is your job to ensure none of those decisions could have a detrimental or adverse legal impact

SOUND JUDGEMENT

INDEPENDENCE

You will often be seen as a consultant on decisions for your organisation. The ability to confidently advise in big decisions, while considering risks and factors, is essential.

There may be times when you need to have brave conversations within your organisation to ensure legal compliance. This is an opportunity for you to add value and to protect your client. A good in-house lawyer is independent and can critically assess situations.

WILLS AND ESTATES

The skills you need DRAFTING

PROBLEM-SOLVING

Wills, Estates & Trusts involves specialist documentation, including wills, incapacity documents, and trusts. Drafting with clarity can make all the difference between a will contested and a legacy honoured.

Determining how best to provide for family and relatives can be complex. You’ll need to think creatively and solve problems often unique to each client’s situation.

NEGOTIATION

EMPATHY

Contested estates can damage familial ties and diminish inheritances. Establishing a collaborative approach to negotiations can prevent costly conflict, and help families reach an amicable outcome faster.

Planning for one’s legacy can be emotionally trying for many clients. However, failing to plan can lead to damaging disputes and complex settlements. Good practitioners convey their advice with empathy and emotional intelligence, so all scenarios are duly considered.

EXPERTISE

FORESIGHT

Legal issues in Wills, Estates & Trusts can range from the simple to the highly complex, particularly where wills or trusts are challenged. Good practitioners stay up to date with the latest legal developments to provide clients with timely expert advice.

Planning for your client’s legacy and distribution of assets requires you to manage and mitigate any foreseeable complications. This includes anticipating potential challenges to the will or trust, or determining what to do if an asset is disposed of during your client’s lifetime.

COMMUNICATION This role involves regularly communicating with clients and their families, who may be experiencing grief. Good communicators manage expectations around timeframes and asset division, and help clients see their wills as a chance to leave a legacy.

FAMILY LAW

The skills you need DRAFTING

LITIGATION

Family law involves drafting specific to the field. This can include: settlement agreements and consent orders, binding financial agreements and parenting plans

When family law matters prove too contentious for negotiation, litigation may be required to resolve the issue. Gaining a strong understanding of how family law is litigated is essential, as its priorities and processes differ from other civil disputes.

DISPUTE RESOLUTION

EMPATHY

A good foundation in dispute resolution processes will serve family lawyers well, as resolving disputes commonly involves negotiation, mediation, or arbitration. Indeed, mediation is required for any disputes involving the care of children, as per the Family Dispute Resolution Act 2013.

As a trusted confidante, you will help your client pragmatically decide key issues in a frequently complex separation process. Empathy and resilience are essential, as you deal with emotionally vulnerable clients.

EXPERTISE

NEGOTIATION

Family law is at the forefront of regulatory change as governments adapt to changing societal norms. Staying up to date with family law and related fields, such as property law, can ensure provide genuine value to your clients.

Every aspect of family law involves negotiation, usually under fraught emotional circumstances. Maintaining an even temperament will help achieve the best negotiated settlement for your client.

COMMUNICATION Managing your client’s expectations requires clear, compassionate communication at every stage of the matter. Skilful communication is also essential when advocating on their behalf.

PROPERTY LAW

The skills you need DRAFTING

CONVEYANCING

Property lawyers draft A LOT. You will need to be able to apply Plain English and clear drafting to all legal correspondence. The clearer your drafting, the quicker a matter is likely to proceed.

Conveyancing is often the “bread and butter” of property law work. Understanding and adopting electronic conveyancing can expedite work, particularly as it becomes mandatory in many jurisdictions.

NEGOTIATION

TIME MANAGEMENT

Whether the matter involves a sale, purchase or dispute over strata, zoning or local government law, property lawyers need to be skilled negotiators, willing and able to engage with a range of personalities and scenarios.

Property transactions are fast-paced and deadline driven. There will likely be multiple transactions on at one time. Property lawyers must manage time effectively to meet deadlines.

ATTENTION TO DETAIL

INTERPERSONAL AND COMMUNICATION SKILLS

Contracts can be complex. Strong attention to detail and crosschecking is essential before submitting documents. Make sure your contracts are clear and concise.

Get to know your client and their objectives – whether personal or commercial. Build rapport with the client and with the client’s external advisers.

BUSINESS LAW

The skills you need DRAFTING

CRITICAL THINKING

The ability to draft effective, readable, unambiguous documents is an essential skill for every commercial lawyer. Such documents may include:

While some laws impose strict legal obligations, many support, facilitate, and protect the commercial interests of a business. For example, a business which complies with the Modern Award in its employment practices can know it complies with its industrial relations obligations. Critical thinking as a business lawyer involves understanding how the detail of the law applies to their client, and determining how to effectively comply with the commercial legal framework.

• Memorandum of Understanding (MoU) • Asset purchase agreement • Employment contracts • Various commercial contracts

NEGOTIATION

TIME MANAGEMENT

The former requires an ability to assess competing interests, establish rapport and plan and conduct an effective negotiation. The latter requires a constant “cost/benefit” analysis of what a lawyer might deliver. Providing prompt advice may be preferable for clients willing to concede some points in order to continue running their business. Understanding this requires commercial acumen and a strong personal relationship with the client.

Many competing deadlines and tasks may arise at once. It is important to have the ability to work under pressure and time constraints to meet deadlines.

ANALYTICAL MINDSET

COMMUNICATION

Some laws, such as employment law and taxation, may impose obligations, while others, such as the R&D tax concession, may facilitate growth. Being able to analyse and advise on the interplay of a complex legal framework is crucial, particularly within a commercial context.

Clear contracts drafted in plain English are essential. Communicating what the legalese means to a client is the next step good business lawyers take to ensure clients readily understand what their rights and obligations are.

GOVERNMENT & PUBLIC SECTOR

The skills you need

STATUTORY INTERPRETATION

TRIBUNAL EXPERIENCE

Government and Public Sector lawyers are empowered by Acts of Parliament which can quickly shift, expand or confine their purview and scope of power. Strong statutory interpretation is therefore essential.

Many decisions that may challenge or overturn an initial government ruling are made in tribunals. Experience dealing with the tribunals, advocating for clients through the tribunal process, and understanding how these processes differ from the court system will benefit your career.

JUDICIAL REVIEW

PRAGMATISM

Challenges that escalate beyond the tribunal framework may go to judicial review. While this can be a costly and complex process, judicial review also has the potential to quash an adverse decision and require its reassessment. You need to be prepared to take a case to judicial review if required.

Solving problems in government law requires more than a mere understanding of the law itself. Navigating the decision-making processes present in public service necessitates pragmatism and experience dealing with key players and personalities, while also understanding how common policies will be applied.

CRITICAL ANALYSIS

POLICY MAKING

Exploring how legislation will apply in practice often involves thorough research and critical analysis of relevant law, policies and past decisions. You will need a keen eye for statutory interpretation to predict how a law or policy may apply in a particular situation.

Central to your skill set is a deep understanding of how policies are made and applied. In practice, this can mean knowing how different ministers are likely to respond to changing circumstances, or how senior public servants will implement the polices of the government in power.

COMMUNICATION Fostering relationships with fellow public servants, particularly those holding senior positions, can help you accurately understand how the government or a public sector institution will respond to an individual issue. Constant communication with key stakeholders is critical.

DISPUTE RESOLUTION

The skills you need COOPERATION

PROBLEM-SOLVING

Remember that if the dispute goes to court, the parties may not have the same freedom to negotiate. Look for options that can benefit both sides. Be patient and willing to cooperate with the parties to assist them to find an agreement.

Everyone’s circumstances will be different. You’ll need to be able to work with parties to solve nuanced and complex problems. But remember – your job is to facilitate the parties to resolve issues, not solve their problems for them!

NEGOTIATION

HOLISTIC MINDSET

A successful negotiation requires the parties to come together and hammer out an agreement that is acceptable to all. Being able to facilitate and moderate constructive negotiations between parties’ and their lawyers is a helpful for dispute resolution practitioners.

Disputes are not always what they appear on the surface. You will need to be able to view the entire dispute as an outsider. It is also imperative to retain a long-term view of the parties’ relationships.

GOOD LISTENER

EMPATHY

During dispute resolutions, you will need to carefully listen, draw out relevant details and accurately summarise information back to the parties in order to ensure that your understanding is correct.

Disputes are not easy for either party. Encourage parties to consider how the opposing party might think or feel, which may build rapport and lead to better outcomes. After all, disputes are rarely black and white – usually both parties have a story to tell.

COMMUNICATION Be consistent in your communication with both parties. Clear written and oral communication is key. It is also your role to help ensure that there are no avoidable misunderstandings that may hinder the parties’ progress.

COMMERCIAL LITIGATION

The skills you need MAKING SUBMISSIONS

LITIGATION

Drafting and presenting submissions form a core part of commercial litigation, as they provide an opportunity to argue at length in favour of your client.

Understanding the procedural requirements and complexities involved in litigation is central to a commercial litigator’s expertise and success.

ADDUCING EVIDENCE

STRATEGY

Leading evidence, conducing cross-examination and re-examination can both support and test your arguments before the court.

Effective commercial litigators are master strategists, able to foresee likely outcomes and deftly manoeuvre the course of litigation to their client’s advantage.

NEGOTIATION

ADVOCACY

Quite often, a positive outcome may involve an out of court settlement. This requires advanced negotiation skills to achieve a favourable settlement.

Presenting persuasive arguments on behalf of your client is the chief skill of a good commercial litigator.

ATTENTION TO DETAIL Commercial litigation can involve considerable quantities of communication and documentation, so having a keen eye for detail ensures nothing is missed.

FAMILY DISPUTE RESOLUTION PRACTICE

The skills you need COOPERATION

PROBLEM-SOLVING

Remember that if the family dispute goes to court, the parties may not have the same freedom to negotiate. Look for options that can benefit both sides. Be patient and willing to cooperate with the parties to assist them to find an agreement.

NEGOTIATION

NEUTRAL MINDSET

It is important to remember that it is not your job to say who is right or wrong in the separation or the events before or after. Your job is to facilitate the discussion to help both parties come to an agreement, together.

LISTENING

EMOTIONAL INTELLIGENCE

During family dispute resolution conferences, you will need to carefully listen, draw out relevant details and accurately summarise information back to the parties in order to ensure that your understanding is correct.

Many events have taken place to get these couples to where they are when they come to you. It is important to be aware of how the parties are behaving and feeling. There may be times when a threat is present or a particular party is vulnerable. You will need to act on these feelings or circumstances quickly.

COMMUNICATION Clear written and oral communication is key. It is also your role to help ensure that there are no avoidable misunderstandings that may hinder the parties’ progress.

INTERNATIONAL ARBITRATION

The skills you need

RESEARCH & PROBLEM SOLVING

NEGOTIATION

Once you have all the information from your client, you’ll need to undertake further research. This may include reviewing relevant laws (including international laws), regulations, policies and precedents. In international cases, you’ll have to get to know how different legal systems operate. Once you evaluate all the facts, you will advise on the best action for your client. You will then inform them of their options – and explain why you’re suggesting a particular path.

As an arbitration lawyer, you’ll need to guide parties towards agreement to help avoid the need for a hearing. This means you must be competent at negotiating in good faith, while also looking after your client’s best interests. And you’ll need to argue with conviction to ensure you reach the best possible outcome for your client. Leading up to and during a hearing, you’ll also have to negotiate with the opposing party’s legal representation. This may include challenging evidence and aspects of the procedure itself.

DISPUTE RESOLUTION

COMMUNICATION

You will do the preparation work for your client’s arbitration hearing – and may present their case before the arbitrator or panel of arbitrators. For international cases, you must be well-versed different legal systems and be able to take a comparative approach. Where an award has been made in your client’s favour, you will also enforce it – sometimes in more than one country.

Your strong communication skills will help you clarify the concerns, interests and issues of all parties – and advise your client meaningfully. Plus, keeping your client across your decisionmaking is paramount. This will often involve helping them understand complex laws and legal arguments. You’ll also need sound written skills for drafting pleadings, legal submissions and settlement agreements.

INTERPERSONAL SKILLS

DECISION-MAKING

You’ll need to listen carefully to your client to understand their issues and needs. And to get a clear and full picture of the case, you’ll be required to interview your client and other witnesses. To gather this evidence effectively, your skills in empathy and rapport building will go a long way. You’ll also need to build a rapport with the opposing party’s legal representation. In international cases, their lawyer will often be from a different legal system. You will need to be able to discuss issues clearly and logically with them.

You’ll need to be able to weigh the facts – and apply relevant laws and precedents – to determine the best case-strategy for your client. You’ll have to ‘think on your feet’ as new facts and further submissions arise during the case. Your challenge will be determining which negotiation tactics to use – and advising your client when a good deal is (or isn’t) being offered. And to give sound advice for international cases, you’ll need to understand how procedures differ between countries’ legal systems. This may involve acquainting yourself with legal principles that are unfamiliar to you.

ATTENTION-TO-DETAIL You’ll need to be able to shape the detailed arbitral procedure before a dispute. Cases typically involve large amounts of complex information, so you’ll need to be curious and analytical in your thinking. You’ll also need to scrutinise documents, such as pleadings, financial records, detailed contracts, witness accounts and client statements. Your challenge will be to pay close attention to the details, so that you can find and evaluate what’s most useful to your client’s case.

MERGERS & ACQUISITIONS

The skills you need DUE DILIGENCE

NEGOTIATION

If you’re representing the buyer, you will thoroughly examine all relevant information about the company your client is acquiring. You will look at:

In any merger or acquisition, the valuation and offered price are negotiable. Whether you’re representing the buyer or seller, your role is to work hard to achieve your client’s ideal outcome – and this often involves negotiation.

• Your client’s liabilities and other obligations • Any intellectual property issues • The risk of litigation

You will advise your client on:

If you are representing the seller, you will be involved in facilitating due diligence for the buying party.

• If they should negotiate

DRAFTING

CREATIVE AND STRATEGIC THINKING

M&A lawyers regularly draft:

Every transaction you work on will pose unique challenges. This will require you to be creative and strategic in your thinking – as you help your client structure and negotiate their merger or acquisition. Lateral thinking and the ability to see ‘the big picture’ will help you achieve the best possible outcome for your client.

• Letters of intent • Correspondence with other lawyers • Acquisition agreements • Financial agreements • Sales documentation

• The best negotiation tactics • Whether to accept or refuse an offer

• Third-party consents from lenders or parties to other contracts

PROJECT MANAGEMENT

COMMUNICATION

To be successful in this field, you will need to excel at self and group management. M&A is a large multidisciplinary effort and your job will often involve coordinating and supervising many parties – including corporate advisors, accountants, financiers and more.

Written and verbal skills are critical in this area of law. You’ll need to communicate regularly with clients to understand their business objectives and present recommendations. You will also need to distil advice from the different parties involved in the transaction and clearly communicate it to your client so they can make informed decisions.

DRIVEN AND FOCUSED M&A lawyers need to be focused on the ultimate goal and objectives of the acquisition or sale of the target company by maximising value to their client’s transaction. To accomplish this, you’ll need to be diligent, resourceful, willing to put in the hard work – and unafraid to ask the tough questions.

NEW LAW | LEGAL OPERATIONS

The skills you need PEOPLE FOCUSED

A PROBLEM SOLVER

You will empower staff and clients to reach their highest potential. Therefore, it’s important that you can work closely with people at all levels.

You will identify and implement the best solutions to complex problems. This could involve selecting a new matter management platform or finding extra room in a legal budget.

EMPATHETIC

STRATEGIC

You will appreciate the challenges that legal professionals face. And advocate on their behalf to improve day-to-day processes.

You will play a critical role in defining the direction of your firm or legal department. How? By supporting your organisation’s broader strategic goals and objectives.

CURIOUS

CONFIDENT

You will be curious about new legal technology. And have your finger on the pulse of the innovative tools that could transform processes.

You will need to confidently present and influence senior leadership to support and invest in new ideas when required.

For more information Phone: 09 300 3151 or Freephone: 0800 COLLAW (265529) Email: enquiries@collaw.ac.nz Visit : collaw.ac.nz