Recently, a young lawyer asked me for advice on how to generally switch practice areas to move into litigation. From my brief advice, I thought it would be useful to set out and expand on my tips. I write this especially from the lens of a commercial litigator.
These tips are shaped by my personal experience. Please feel free to suggest more tips in the comments section and where we can learn from other lawyers’ experiences.
This post is taken from and expanded from a note I circulated to my team. This is a 12-step checklist I impose on my lawyers whenever they draft their court papers.
#1. Sample Precedent from the Firm / Colleagues
As a starting point, we may ask for a sample precedent from colleagues. That’s fine as an initial step but we must adopt all the other following steps.
#2. Read Atkin’s Forms and Bullen & Leake
Compare with the English Atkin’s Forms. The English civil procedure rules changed significantly post 1999 so if the application is based on civil procedure rules rather than a specific area of the law, go and look back at the older version of Atkin’s. Also read the English Bullen & Leake & Jacob’s Precedent of Pleadings. Both Atkin’s and Bullen will have useful comments and notes, and references to cases.
#3. Read Malaysia Atkin’s Forms and Bullen & Leake Malaysia