Name: Shail Patel Chambers: 4 New Square Location: London University: University of Oxford Degree: Law
together and understanding the nuances – ultimately you have to satisfy yourself that you’ve picked up on every relevant fact of the case; sometimes you’ll find something that no one else has found and it’s critical.” And when and if the case ultimately comes before the court, the pay-off can be all too sweet: “To cross-examine an expert or a witness accused of dishonesty in a way that leads to them giving an answer that they don’t even know is fatal to their side’s case – that’s when you feel like you’re really adding value and can feel like you know what you’re doing – until then it’s just educated guesswork!” Be clear and cordial When asked about what it takes for a budding barrister with an interest in professional negligence to succeed, Shail pinpoints the simple yet potent quality that has proved so useful to him amid all that sleuthing, case building and courtroom advocacy: clarity of thought. “It’s not something you can just ‘do’, but something you can focus on achieving – to always express yourself in as clear and logical a way as possible.” He also has some sage advice which perhaps goes overlooked too often: “Try to make a positive impression on everyone you meet. I say this from two perspectives: I’m involved in our pupillage recruitment process and I went through it myself a long time ago. It’s not just about leaving a good impression on the barristers that interview you, but also the ones you meet on mini-pupillages, or at recruitment events. It also includes staff involved in recruitment and even the receptionist at a chambers you visit. You don’t have to tell them how great you are, but rather be professional, in a way that leaves those people with the feeling that you are a person they would want to share a working environment with in the future.”
began to shut down this sort of thing – leading to a lot of large-scale litigation rumbling through the courts.” Unlike some commercial litigation, there’s always a story – whether it’s some transaction or litigation that’s gone wrong, or some fraud that accountants have failed to uncover – there’s usually some human interest behind it all New challenges ahead With the modern-day prevalence of electronic communication and technology – and the promise of further innovation on that front – professional negligence practitioners will have ample new challenges to tackle in future. Shail points to the rise of online financial fraud and AI as opening a thought-provoking debate on who exactly is liable for tech- related misdeeds and to what extent, which will ultimately be resolved by the courts. “It is only a matter of time before AI and robo-asset management give rise to litigation, people claiming they received bad investment advice from a robot and the like; it’ll be a big thing in the future.” Doing the detective work The adrenaline rush of going to trial is definitely a highlight of the job, but Shail underscores the value of a level-headed and measured approach. “At the commercial Bar we don’t get to court as much as the criminal barristers. In some ways everything we do is preparing for court, whether it happens or not – and often it doesn’t – but when it does, and it comes off in a way that you know is because of how you’ve steered the ship until that day – that’s a rewarding thing.” He likens the less emotionally charged days of case preparation to “forensic detective work, putting the story
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