From the classroom to the courtroom: My life as a personal injury trainee

After five years of law school, it was finally time to step out of the classroom and into the world of law. Having now spent the last four months as a trainee solicitor, I have had the opportunity to put theory into practice.

As a Trainee within Harper Macleod’s Personal Injury and Reparation Team, I deal primarily with pursuing claims for injury and financial loss sustained as a result of third-party negligence. Since starting in September, I am gradually building up my own case load of pre-litigated and litigated claims.

A typical day involves a variety of tasks. A large part of my job is to communicate with individual clients and to guide them through the claim process. Whether taking statements, answering questions, or providing updates, I have been exposed to a high level of client interaction, speaking to multiple clients on a daily basis. A normal day also includes communicating with third-party insurers and their solicitors to ensure claims are progressing.

I am also responsible for carrying out liability and quantum investigations. This can involve taking precognitions from witnesses – the preliminary examinations to assess whether there could be grounds for a claim, liaising with insurers, and instructing expert reports to build a comprehensive picture of each case. This is important when determining fault, assessing damages and calculating compensation for clients. Once all initial investigations are complete, I intimate the claim to the third party or their insurer. This can result in settlement negotiations or litigation.

For litigated claims, I deal with a variety of Simple Procedure and Ordinary Cause actions. Depending on the value of the claim, it is important to understand the procedure that will apply. Tasks include drafting initial writs and claim forms, serving court actions on defenders and respondents, and most importantly, meeting court deadlines!

In recent months I made my first court appearance in the Sheriff Court for a simple procedure claim. This was an exciting opportunity to put my advocacy skills to the test whilst I work towards obtaining my restricted practising certificate. Notable experiences include assisting solicitors in my team with high value personal injury cases, watching opposed motion hearings, and sitting in on client meetings.

I have found the PI&R team to be very welcoming and knowledgeable and they are always happy to answer any questions that I have. I have greatly expanded on my practical and theoretical skills, and I am excited to continue on my journey to qualification.