Q&A: Ten Minutes with a Senior Solicitor on Trends in Civil Litigation

We spoke to Fiona Blake, partner at a mid-tier litigation firm, about current trends in civil litigation, case management, and how solicitors can adapt. Below is an edited transcript of our conversation.

What trends are you seeing in civil litigation this year?

Fiona Blake: "There are three clear trends. First, cases involving complex data and digital evidence are more common. Second, clients expect faster turnarounds and proactive cost control. Third, there's a renewed appetite for mediation before trial — partly due to backlog pressures in the courts."

How are firms dealing with digital evidence?

Fiona: "Firms are investing in e-discovery tools and building relationships with digital forensic experts. The challenge is cost — e-discovery can be expensive, so we triage early to filter irrelevant material and focus on key custodians."

Has the court backlog changed case strategy?

Fiona: "Yes. Backlogs make time-to-resolution uncertain. Clients are more open to alternative dispute resolution and contingency approaches. For some high-value claims, we plan parallel strategies: pursue settlement negotiations while preserving the trial route."

What advice do you give junior solicitors entering litigation?

Fiona: "Master the basics: accurate chronology, document management and crisp drafting. Learn to present complex facts simply — judges and clients appreciate clarity. Also, develop a commercial mindset: litigation is often about risk allocation, not just legal correctness."

How important is technology in everyday practice?

Fiona: "Crucial. Case management systems, secure portals and e-bundling tools save hours. But technology is a facilitator — strategy and client care remain paramount. The best tech cannot replace clear legal thinking."

Are you seeing changes in client expectations around costs?

Fiona: "Absolutely. Clients demand transparency. We provide staged budgets and frequent cost reports. Conditional and fixed-fee elements are used selectively to align incentives."

What role does mediation play now?

Fiona: "Mediation is more central. Courts often encourage it and many cases settle after focused mediation. Skilled mediators help parties navigate settlement value, especially when trials are delayed."

How do you manage stress and wellbeing in high-pressure cases?

Fiona: "The firm supports flexible working and access to professional coaching. Personally, I prioritise clear delegation and realistic client communication to avoid burnout."

Final tip for solicitors in practice today?

Fiona: "Stay curious. Keep learning — whether about digital evidence, client psychology or negotiation. The law is stable, but the practice environment is dynamic. Adaptation is the best skill you can develop."

"Adaptation is the best skill you can develop." — Fiona Blake

Editor’s note

Fiona’s insights highlight a hybrid practice environment: technological tools and alternative dispute resolution methods are increasingly intertwined with traditional litigation skills. For junior solicitors, combining technical competence with client-focused communication remains the fastest route to impact.