In a nutshell
Centred on the Administrative Court, public law relates to the principles governing the exercise of power by public bodies. Those which most often appear as respondents in the High Court include government departments, local authorities, the prison service and NHS trusts. Often the headline cases are challenges to central government policies like terror suspect control orders, the extradition of failed asylum seekers, secret courts and the giving of evidence anonymously. Lawyers specialise in statutory appeals, regualotry disputes and freedom of information issues. The most important process in public practice is judicial review: the Administrative Court may order that any decision made unlawfully be overturned or reconsidered. Decisions are often reviewed on the basis of the Human Rights Act 1998. Other big-ticket work comes from public inquiries: The Independent Inquiry into Child Sexual Abuse and Grenfell Tower Inquiry are two ongoing examples. However, for every (in)famous case reported in the media, there are hundreds relating to daily decisions taken by public bodies on immigration, welfare, planning and school places.
Firms also involve themselves on the policy side of issues, “which moves away from judicial reviews and concerns more how firms get involved in the effective making of policy.” At top firms, teams may compromise of both lawyers who are experts in the above, as well as some people who aren’t lawyers by professions. “Many of them have worked within the civil service and understand how machinery of government works in practice as opposed to simply in theory. It’s marrying those two things together that makes the most effective teams.”
What lawyers do
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“We help the government make better decisions by sharing the knowledge of our clients who are absolute experts in their fields. That could mean anything from post-Brexit trade negotiations or to the future of digitalisation.”
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Bringing judicial review claims and advising on judicial review claims.
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Trainees’ responsibilities could include: “analysing anything in a parliamentary select committee inquiry that could be of relevance to a client’s position; researching what parliament or specific MPs have said on an issue to help better inform our representation; or looking at complex legislation surrounding the regulation of specific sectors and thinking about hard case law.”
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Trainees are also able to engage in advocacy too. “I expect trainees to take that analysis and be able to articulate it all that in one page to a non-expert decision maker.”
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As associates become more senior, the role becomes more about the advocacy and long-term strategic thinking. “You need understand what the client wants to achieve and analyse that in the current regulatory, policy and political environment. You then can develop a solution which is the substance of what you communicate to government.”
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Being experts in a complex academic field, senior lawyers will often contribute to research journals and provide thought leadership.
Realities of the job
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A real interest in academic law is a prerequisite. Complex arguments are more common than precise answers. They need a genuine interest in the legislative process and the fundamental laws of the land.
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While legal intellect is vital, public law's real-world issues demand a practical outlook and an ability to stand back from the issue in question.
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Clients tend to be in innovative and disruptive sectors, such as tech and life sciences, where innovation outpaces regulatory responses. “If you’re doing a simple thing in a well-established way then there aren’t going to be big policy questions you need to engage the government on. However, if you’re doing some innovative that isn’t contemplated by existing legislation, that is when you need to be able to engage effectively with government.”
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“It’s a niche area and not easy to make a career in. It’s also the sort of job where you’re unlikely to switch off completely because there is always something whirring at the back of your mind.”
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A sensitivity of audience and top-notch communication skills are absolutely essential. “Sometimes our audience is a Supreme Court bench or sometimes it’s a group of backbench MPs. Your core pitch might be the same, but the way you articulate it can be very different. That comes with experience but it’s also something you have to have innately.”