For Moulis Legal associate Lochlan Worrell, dispute resolution is rewarding and exciting in a number of ways.

“Dispute resolution and litigation is a highly varied, fast-paced practice area, and one which can provide scope for innovative and creative solutions to legal issues. For me, personally, this has made it an extremely exciting and rewarding area of law to practice — a sentiment I’m sure is shared by others working in the space,” he said.               

“For many clients, the decision to commence proceedings, or indeed involve lawyers in a dispute at all, is often a last resort. Often, the decision is only made once the dispute becomes business-critical. Being able to guide clients through both the legal and commercial aspects of such a dispute, and ultimately achieve a positive commercial outcome, will always be the most rewarding part of practising in the commercial dispute space.”

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Level Playing Field associate Marianne Phan echoed this sentiment and said that the feeling of helping her clients navigate disputes and subsequently achieving a positive outcome for them is “incredibly satisfying”.

“There is no denying that the legal profession is a challenging space for all lawyers, not just young lawyers, due to the ever-changing issues arising from today’s society. However, I still believe that it is a rewarding job for those who are hungry for a challenge,” she said.

“I believe that young lawyers who practise in both front-end and back-end dispute legal work will learn transferring skills that will enable them to not only become good litigators and advocates for their client, but they also become skilled drafters of legal documents. It is only through their experience of dealing with back-end disputes that they are able to have firsthand experience in dealing with poorly worded legal documents and can use that experience to learn from the mistakes made by past lawyers.”

In addition to learning transferable skills, young lawyers may be drawn to dispute resolution because it is both fulfilling and challenging, something which Macpherson Kelley lawyer Josh Burland said results in a varied workload.

“I think dispute resolution is such a popular practice for young lawyers because of its problem-solving and challenging nature — no two days are the same. A lot of young lawyers are hungry to gain exposure to both the complex and factual legal questions posed throughout the litigation process. I personally love sitting down with a difficult problem, working through the issues with my colleagues and devising a creative and commercial solution for my client,” he said.

“Equally, the most rewarding and challenging aspect of litigation for young lawyers is the opportunity to run a litigation. On one hand, it can be overwhelming having to navigate a (sometimes) complicated and drawn-out process, but on the other hand, it is incredibly fulfilling to implement and execute a strategy that delivers the best outcome for your client.”

MinterEllison associate Emily Miers added that there could also be other obstacles, both in terms of planning a case and balancing different perspectives.

“Dispute resolution is a robust practice area that encourages lawyers to consider and appreciate intricate details and develop a ‘game plan’ to advance a case,” she said.   

“It requires complex thinking of issues from a multidimensional perspective. You are required to consider legal and commercial issues from all parties’ viewpoints, apply the law to unique and often problematic circumstances, [and] consider future policy implications and questions raised by the presiding judicial officer. Balancing these perspectives is often a delicate process.”

Additionally — and post-pandemic — younger lawyers in dispute resolution are having to adapt to legal tech while still developing EQ skills and remaining client-centric.

“We have already seen a significant shift in this space because of COVID-19, with many proceedings being heard remotely since 2020. However, this is likely just the beginning of a much larger shift within the profession,” Mr Worrell confirmed.

“When compared to other front-end transactional practice areas, the adoption of legal tech and AI in the dispute resolution space remains in its infancy. One of the greatest challenges for young lawyers over the coming years will be in identifying new legal technology products, understanding how they can be utilised to support their client’s dispute objectives, and championing their introduction in firms.

“For several years, universities and PLT providers have actively encouraged the next generation of lawyers to be client-centric, and commercial and forward thinkers. In the dispute resolution space, this means a greater number of lawyers who truly understand their client’s commercial drivers and goals, and approach disputes with these outcomes in mind.”

However, looking to the future of dispute resolution, Ms Phan said that the uptake of legal tech will mean that lawyers working in this space will have more resources at their disposal than ever before.

“I believe that the future of dispute resolution is promising as the upcoming generation of lawyers [has] access to more resources than ever, especially with the rise of AI technology. I believe that this will allow them to work smarter and more efficiently, as it is anticipated that AI technology can streamline the lengthy processes involved in traditional litigation, such as discovery,” she added.

“Moreover, litigation is now becoming an extremely costly method of dispute resolution. The new generation of lawyers are now more empathetic towards their clients’ budgets but are also considerate of their clients’ appetite for risk. 

“As a result, I believe these lawyers will turn to alternative dispute resolution (ADR) methods such as informal negotiations or mediation before resorting to litigation. These methods do not necessarily mean that they are no longer litigious in nature; they are simply more focused on prioritising results and outcomes for their clients.”

This is also something Mr Burland confirmed — and he said the future of dispute resolution would come down to how willing young lawyers are to adapt.

“I see dispute resolution more heavily integrating with technology to make litigation more cost-effective and efficient. For instance, if AI can be used appropriately and e-discovery platforms continue developing and becoming more reliable, most menial and administrative tasks can be completely outsourced,” he said.

“The willingness of young(er) lawyers to adopt new and exciting technologies ensures this practice area remains in safe and progressive hands.”