Wednesday 21 June 2023

Whose side are you on, anyway? – Getting exposure to Plaintiff and Defence work

Images combined from Pexel.

It’s been just over three weeks since our summer student experience at MB began, and I’m happy to say I’ve enjoyed every minute! Ashley told us during orientation that the work was going to fully immerse us in the civil litigation process, and that couldn’t be more accurate. In the first few weeks of the summer, I’ve had a wide range of assignments, including drafting a statement of defence, a mediation brief, and preparing a damages brief. While taking on so much responsibility this early has been daunting, it’s been a great learning experience, and I’m already starting to feel more confident.

"I was introduced to a type of claim that was entirely new to me: subrogation." 

Subrogation is a process that allows an insurer to recover the money it has paid to its insured by initiating a legal action in the name of the insured against a third party who is responsible for the loss. Subrogation claims can span several areas, including flood or fire damage and faulty/improper construction, to name a few. One of the exciting aspects of subrogation claims is that the firm gets to represent the plaintiff. This means that in addition to the vast array of defence work, as students, we also get to see first-hand what it’s like to advance and manage a claim on behalf of the plaintiff. Not only does this keep the work fresh and exciting, but it will be extremely valuable in developing us into well-rounded litigators.

I’m incredibly excited to see what the rest of the summer has in store!