YLC Section

In this edition’s YLC section we wrap-up the Careers Uncut event, offer tips for working with Self-Represented Litigants and explore the revealing results of the recent COVID-19 survey.

The Young Lawyers Committee assists clerks, graduates and new lawyers as they enter the profession, and advocates within the Law Society on issues affecting young lawyers. This is the YLC’s section of Brief — a series of serious and not so serious articles and interviews for young lawyers by young lawyers. If you’d like to contribute to the YLC’s section, please email younglawyers@lawsocietywa.asn. au with your articles and ideas.

Event Wrap-up - Careers Uncut

On 30 September the Law Society’s Young Lawyers Committee once again hosted its increasingly popular Careers Uncut event. Supported by Leo Cussen Centre for Law, the YLC was glad to welcome a range of speakers to the stage for a wide ranging discussion of the various opportunities open to law graduates and admitted lawyers.

Attendees heard from seven practitioners of varying backgrounds and practices:

Brooke Sojan, a barrister who commenced her career as a lawyer at Legal Aid WA in both the Perth and Pilbara offices and went on to work as State Prosecutor with the Office of the Director of Public Prosecutions;

Wanjie Song, works at the State Solicitor’s Office, primarily in areas of native title, Aboriginal heritage, planning and environment, and administrative law;

Martin Udall, one of only a handful of Western Australian lawyers practising solely in the immigration law space;

Maddison Hogan, who has been employed at the Supreme Court of Western Australia in a number of roles since the beginning of 2020, and who has primarily worked with the Honourable Justice Strk;

James Marzec, who specialises in commercial and corporate litigation, commercial advisory, wills and estate planning and insolvency law, and who spoke on the benefits of working in boutique law firms;

David Modolo, who is the Advocacy and Policy Manager at the Real Estate Institute of WA (REIWA) and who espoused the benefits of inhouse legal practice; and

Chloe Wood, who moved from her civil and commercial litigation role in a top tier firm to work in the Civil Law and Human Rights Unit at the Aboriginal Legal Service of WA.

Following the speeches, attendees were invited to network with the speakers over drinks and nibbles, with an opportunity to ask questions and gain further insights into how they might progress their own careers in similar practice areas.

University of Notre Dame Law Student Vaughan Jameson said of the event “I really appreciated the broad range of speakers – there were people of all ages and diverse legal backgrounds. I liked the insights into working in boutique firms and in-house law, because those are areas students don’t often hear about.”

With nearly 100 attendees, this event was one of the highlights in the YLC calendar, and will be a sure-fire addition to next year’s calendar.

David Baldwin with presenters Maddison Hogan and Chloe Wood

David Modolo, Advocacy and Policy Manager at REIWA presenting his experiences with in-house legal practice

Presenter James Marzec with Cameron Faas and Daniel Jones

COVID-19 Impact Survey

Note that this article outlining the results from our recent survey - Effects of COVID-19 on junior members of the legal profession - is best read using the normal Issuu Magazine Reader due to the graphical nature of the graphs therein. Please see the page reader instead.

Aunt Prudence Juris

Dear Aunt Prudence, Family Christmas parties are coming up and I don’t want to have to talk about another second cousin’s dividing fence dispute. What do I do? - I’m Not That Kind of Lawyer

Dear I’m Not That Kind of Lawyer, Your Aunt feels your dismay at our perennial problem — after a long year at the office the last thing you want is to be sorting out your Great Uncle’s messy divorce at the holiday barbecue. Your Aunt has two suggestions. First, always answer with a simple but effective ‘it depends’. Don’t tell them what on. It’s technically an answer, definitely not legal advice, and absolutely unhelpful. If that doesn’t make them roll their eyes and walk away, you’ll be amazed at how easy it is to *accidentally* choke on a bone-dry mince pie. And if that still doesn’t work, at least be glad you didn’t choose medicine. Say what you want, it’s pretty rare that legal advice requires us to ‘check out this rash!’. - Aunt Prudence

Dear Aunt Prudence, I’ve realised that my life’s savings could buy me about a week of my time at my current hourly rate. If I can’t afford me, what hope does anyone else have? - What If I Get Sued

Dear What If I Get Sued, It’s important to remember this isn’t a bug in the system, it’s a feature. If people wanted to be able to afford a lawyer, it would be simple for them to choose to work harder and earn enough to do so. Plainly you, a junior going for the scale $352/hr, and earning nearly twice the median wage, simply haven’t put in the effort to deserve representation if you ever find yourself in a dispute. Just remember — ‘a lawyer who acts for themselves has a fool for a client’. So best put that budding house deposit aside in case you’re ever unlucky enough to need to enforce your rights or, God forbid, end up getting sued. - Aunt Prudence

Dear Aunt Prudence, I’m in a strong long-term relationship — with my firm. But recently I’ve started swiping through all my unread LinkedIn recruiter messages. I want to be faithful. What should I do? - The Thrill of The Unknown

Dear The Thrill of The Unknown, Your Aunt doesn’t judge — she remembers that new firm feeling. The excitement and passion of those first months. The spontaneity and curiosity. Your Aunt knows the spark fades over time. But beware the allure of the greener grass. Sure, other firms’ packages might seem larger than you’re used to, and maybe they’re open to you doing things you’ve always wanted to try. Just remember swapping Partners won’t give you a thrill that lasts. So delete those ‘exclusively briefed’ recruiters’ pitches, and find ways to bring the excitement back to the everyday. Being faithful doesn’t have to be boring. - Aunt Prudence

Do you have a question for your Aunt Prudence? Send all inquiries to younglawyers@lawsocietywa.asn.au and look out for your Aunt’s response in the next edition of Brief.

Top Tips for Working With Self-Represented Litigants (SRLs)

Working with self-represented litigants is a lot like navigating a long-term relationship. We’ve compiled our Top Tips for managing your matters efficiently, maintaining sanity, and keeping relations amicable between you and the other side.

1. Communication is Key

Young lawyers’ love language tends to be riddled with abbreviations and acronyms (e.g. SRL), technical terms and jargon. These should be avoided when communicating with an SRL. Keep it clear, open and uncomplicated.

2. Take note

It’s important to document every interaction with SRLs. Unfortunately, memory is fallible - particularly when it comes to the compromises made during conferral.

3. One step at a time

Civil procedure is confusing at the best of times, even with ready access

to the Red Book. In order to keep the matter running smoothly, consider if it is appropriate to point out the necessary procedural steps to the SRL. This could include clarifying which documents need to be lodged on eCourts, or where to find standard orders online. But keep in mind Top Tip 7!

4. It’s not you, it’s them

Even when you’ve used your best endeavours to resolve a matter, an SRL may throw a curveball. It is particularly important to manage your client’s expectations when the other party is an SRL.

5. But also sometimes it is you

Although at times you may get frustrated, do not lose your cool. Keep calm and remember Rule 6: you must be honest and courteous in all dealings.

Also, do not think your case is impenetrable. Even left-of-field arguments warrant testing. Rule 6 also requires you to be diligent, not overconfident.

6. Set yourself boundaries

Litigation with SRLs can be emotionallycharged and time-intensive. Make it clear that any work undertaken by you is at the expense of your client and that there may be a limit on the number of calls, letters or emails that you are able to make or respond to.

7. Put a ring on it, or not

They haven’t engaged you; they are not your client. Try not to get drawn into accidentally legally advising SRLs. There’s a fine but important line between explaining the next procedural step, and advising which strategic step should be taken.

8. There’s plenty more fish in the sea

Depending on your area of work, self represented litigants may come up on a regular basis. There’s something to be learnt from every matter, including those with SRLs. As always, what doesn’t make you quit, makes you a better practitioner.