Reflections from a Country Practitioner

by Alex Granich

Rural, Regional and Remote (RRR) legal practitioners face unique challenges in their careers in law, but make a significant contribution to servicing the legal needs of RRR communities.

To provide more insight, the Law Society’s Country Practitioners Committee asked Alex Granich to ruminate on his own experiences as a country practitioner. This short reflection is also a reminder of how much things have changed over the last 40 years in both regional Western Australia and the law.

I commenced practising on my own account in Merredin in 1976 a few months after being admitted to the bar and completing 2 years of articles. I continued to practise in Merredin until June 1983 when I became a partner in the West Perth practice of Picton Warlow Granich and Co.

On 7 March 1976, me, my wife Andrea and our children, Justin aged 3 and Naomi aged 9 months arrived in Merredin. On the following day, my excellent secretary, Julie Brooks (recently PA to a partner at Lavan and Walsh) and I, both aged 27, opened the office of AP Granich, Barristers and Solicitors . As I met the local business people, I would ask them how business was and wished them all the best. When the local undertaker told me he really needed another funeral per month, I found myself wishing him all the best with that.

My practice in Merredin consisted of general commercial work, personal injury claims, criminal and traffic matters in the Magistrates Court, civil litigation in the Supreme Court, deceased estates, wills, commercial litigation, property settlements, general advice and later, mining law.

There was a resident Magistrate in Northam also who attended courts in Merredin, Southern Cross, Kellerberrin, Bruce Rock, Narembeen, Wyalkatchem and Mukinbudin. These courts provided a regular source of work. All of the those Courts except for Northam, have now closed.

A reasonably extensive library was essential to a country practitioner in those days. I had a text book for each major area of law, Butterworths forms and precedents, Halsburys, Western

Australian and Commonwealth Law reports and a loose leaf tax reporter.

The general charge out rate for solicitors was about $40 per hour in 1976 and rose to about $90 per hour by 1983. However, hourly rates were not as universally charged as they are today. The scale fees for commercial work were based on the consideration and the relatively high values of farming properties often resulted in far higher rates than the hourly rates. This facilitated a form of cross subsidisation where low consideration matters (such as civil disputes in the local court or work for ALS) were charged at levels well below hourly rates.

There was a professional conduct rule prohibiting undercharging except of poverty of or friendship with the client. Lawyers were not permitted to advertise except to advise basic particulars such as the name and address of the practice and its opening hours. These were the days before the Hawk Keating economic liberalisation reforms.

The largest practice expense after salaries for support staff was telephone costs. Long distance calls were expensive; amounting to about $5000 per year or about $25,000 in today’s terms. Faxes were not common place until the mid 1980’s and of course, there was no internet. Client communication was largely by mail or personal attendance.

In 1978, I financed the purchase of a then state of the art IBM magnetic card (or computerised) typewriter for $10,000 (about the then price of a new Holden Commodore). The machine was well worth the saving in typist salaries. Our office was located in the CBA building next to the fire station. Because of the novel nature of the machine, the finance company presented me with an exhaustive questionnaire which included, ‘What special steps are taken to protect the machine from fire?’. I was able to answer; ‘The machine is located adjacent to the fire station. Andrea would take the machine to IBM in Perth for service twice per year. Some farmers were rather casual about the written word. One farmer told me that he paid off the farm he purchased from his neighbour over 10 years without a written contract until the transfer of the land was executed once the purchase price had been paid in full. When I phoned a farmer client to tell him I had a 20 page opinion from the QC, he responded “well don’t f…. send it to me, I am not going to read it, tell me what it means.”

Long distance driving was part of the job. Merredin is a 3 hour drive from Perth. I recall an example, in 1981 I drove from Merredin to Perth to appear on the final day at a Coroners Court Hearing (that had been adjourned from Merredin to Perth) and drove home after a full days hearing. My longest drive was leaving Merredin at 3:00am to arrive at Leonora, Wardens Court, a distance of 560 kilometres, at 10.00 am to appear for a Plaintiff in a contested forfeiture application.

Serious criminal matters arising out of the Southern Cross area were referred to the Kalgoorlie Supreme Court. In about 1980 I was acting for an alleged accessory on a charge of causing damage by an explosion (which carried a maximum penalty of life imprisonment). I appeared in the Supreme Court in Kalgoorlie (wearing Julien Grill’s wig and gown) as Brian Singleton’s junior before Justice Wallace with Geoffrey Miller QC prosecuting and the legendary Kalgoorlie lawyer, Tom Hartrey appearing for the principal defendant who set off the explosion. Shortly before lunch, His Honour ruled that there was insufficient evidence against our client to go to the jury. Brian, myself, our client and others promptly adjourned to the Palace Hotel. We were joined later in the afternoon by Tom and his client as, after a short deliberation, the jury found Tom’s client not guilty. Tom explained that Kalgoorlie juries were not greatly troubled by explosions. I did not travel back to Merredin that night.

After the commencement of the mining boom in 1980, country Wardens often sat late into the night to determine contested matters. I was once involved in the Wardens court hearing at Southern Cross that finished at 8:00pm. Later, in 1987 I acted for a Plaintiff on an application in the Kalgoorlie Wardens Court against Anglo American seeking forfeiture of the highly valuable tailings dumps just South of the Kalgoorlie townsite. I briefed future federal Attorney General, Daryl Williams QC with Alan Camp as junior. The defendants were represented by Malcolm McCusker QC. The 3 day hearing finished at 10:00pm. Our client lived in the Palace Hotel so was able to organise a lavish late night banquet for his exhausted legal team, expert witnesses and others.

This short reflection is a reminder of how much things have changed over the last 40 plus years in both regional Western Australia and the law.

Endnotes

1 Our daughter Rhyannon was born in Merredin in December 1981.

The Law Society of Western Australia invites you to an opportunity where you can engage with country colleagues, share your experiences in working in rural, remote, and regional areas and promote greater support for RRR practitioners.

The day will also provide you with a unique opportunity to attend relevant and topical CPD seminars. Attend the face-toface CPD Day and have an opportunity to be with and develop professional relationships with colleagues working in similar areas of practice. All sessions will also be provided in virtual format. Offered free for Country members of the Law Society* with CPD Freedom, this CPD day comprises seven informative sessions:

Session 1: “Overcoming the Barrier of the Unknown: The Treechange Initiative”; Keynote Speaker Crystal Garwood, CoChair of the Law Council of Australia RRR Committee

Session 2: Technology in the Courts: an update, Department of Justice Western Australia

Session 3: Speakers from the Family and Domestic Violence: Safety in the Regions - Speakers request this week.

Michael Horvan, Manager family Court & Child Protection Duty Services Legal Aid WA. Daniel Gibbard, Senior Lawyer Domestic Violence Legal Unit, Legal Aid WA

Session 4: Cyber Security in 2023: A cat and mouse game, Dr Mohiuddin Ahmed, Course Coordinator, Master of Cyber Security Course Coordinator Edith Cowan University

Session 5: Advocacy, Evidence and Procedure in Criminal Proceedings: Simon Freitag SC Barrister, Albert Wolff Chambers

Session 6: Migration Issues in the Regions: Crawford Yorke (Chair) and Martin Udall (Member) Administrative

& Migration Law Committee of the Law Society of Western Australia

Session 7: Courts in the Regions: His Honour Kevin Sleight, Chair; Judge Gary Massey; Magistrate Catherine Crawford; Magistrate Deen Potter

*Country Member means an Ordinary Member who ordinarily practises outside a radius of 80 kilometres from the Central Office of the Supreme Court of Western Australia, Perth.

Please note: A maximum of six CPD points can be claimed for attending this CPD Day.

Register here