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The Ultimate Survival Guide for Your First Year in Legal Practice

This publication was made possible through funding granted by the Law Foundation of Tasmania, with contributions by The Law Society of Tasmania. PUBLISHED BY The Law Society of Tasmania | 28 Murray Street, Hobart, 7000 (03) 6234 4133 | info@lst.org.au | lst.org.au For information, or to provide feedback, about this manual please contact Amal.Cutler@lst.org.au This book has been printed on a mixture of 100% post-consumer recycled content and paper certified by the Forest Stewardship Council (FSC) and Programme for the Endorsement of Forest Certification (PEFC). PEFC is committed to sustainable forest management through third party forest certification of responsibly managed forests. Printed in Tasmania.

The Ultimate Survival Guide for Your First Year in Legal Practice

Disclaimer This manual provides general introductory information that is not intended to be relied upon as a substitute for legal or other professional advice. This manual is a guide only. While every care has been taken in the publication of this material, no legal responsibility or liability is accepted, warranted or implied by the authors or The Law Society of Tasmania and any liability is expressly disclaimed. All information is accurate at the time of printing. © 2022 The Law Society of Tasmania

Contents Foreword.............................................................5

Overcoming challenges Client complaints..............................................90

Setting yourself up for success

Dealing with client complaints.........................93

Let’s bust a few myths.......................................6

The complaints process...................................96

Starting out as a lawyer ....................................9

How to avoid client complaints..................... 101

In practice – setting yourself up for success........................................................15

Wellbeing in practice

Time Management............................................18

Navigating Social Media................................ 105 Wellbeing....................................................... 110

Supervision

From bullying to sexual harassment ............ 112

Supervision – what to expect...........................21

More on bullying............................................ 115

Remote supervision .........................................26

Unlock the power of diversity....................... 118

Learning to work with others...........................37

Depression – the road to recovery................ 119

A day in a life of...

Overcome fatigue, sleep deprivation and stress...................................................... 121

A day in the life of….........................................43

Recognise mental health signs..................... 125 Avoid substance abuse and addiction.......... 128

Dotting i’s and crossing t’s

Get ahead of burnout.................................... 130

Life as a lawyer ................................................62 Office administration .......................................69

The Law Society of Tasmania

Why you must do your homework on legal research..............................................72

The Law Society of Tasmania........................ 133

On the money

Professional networking opportunities......... 138

Engaging a client – the checklist.....................78

A snapshot of the legal profession in Tasmania.................................................... 141

Costs and costing.............................................83 The retainer......................................................88

The case for continuing professional development.................................................. 136

The last word................................................. 148 Jot it down!.................................................... 150 Contributors.................................................. 152

Now that you’re entering the workforce, you’ll learn how to conduct yourself like a lawyer.

Foreword Congratulations on becoming a lawyer – now the hard (but rewarding) part starts. The study, research and burning of the midnight oil during the past few years has no doubt been challenging. Kudos to you for getting through it. Now that you’ve completed your law degree and the legal practice course, it’s time to embark on the next step of your journey towards a stimulating and fulfilling career. The first thing you will discover as you start work as a lawyer is that it’s very different to studying law. You’re going to have to put aside any preconceived ideas and learn new skills, processes and strategies. Law school teaches you how to think like a lawyer, but now that you’re entering the workforce, you’ll learn how to conduct yourself like a lawyer. HOW DO YOU DO THAT? Well, the first piece of advice is to read this publication, The Ultimate Survival Guide for Your First Year in Legal Practice. Yes, we know you’ve read a lot of stuff during your degree, but inside this instruction manual are some tips from lawyers who have been in the profession for decades. You can learn from their mistakes so you don’t have to repeat them, and you can match their successes. The Law Society of Tasmania is proud to publish this guide. As the peak body for the legal profession in Tasmania, we want to assist early career lawyers with some of the day-today tasks and challenges you will confront, as well as ensuring that you understand the very high standards of professional conduct that are required. We know legal practice can be

daunting for a new lawyer coming to terms with a myriad of workplace and legal issues, and we want to help you develop your professional skills and enjoy being a member of a vibrant and exciting profession. With those goals in mind, we hope this information and advice will smooth out some of the bumps in the road as you start your chosen profession. Of course, this guide is not intended to be exhaustive, as everyone’s experience is likely to differ as a result of varying workplaces, work practices, job requirements and client needs. In addition, while all information is correct at the date of publication, you should be aware that some of the information and requirements may change over time. So always check your Law Society’s website for updates. Starting any new job can be overwhelming. Law, in particular, can be scary in your early years as you come to grips with putting theory to practice and, inevitably, clocking up some big hours. So it’s important that the sacrifices you made while at university are not in vain. Treat this guide as the starting point of a wonderful journey. Enjoy the read.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Let’s bust a few myths Although you learn so much at law school and through the legal practice course, once graduates start in a law firm it’s not uncommon for them to realise just how much they have to learn about the practice of law. This manual is designed to help you enter the legal profession, provide support for your initial 12 months, in particular, and point you in the right direction to get any additional information you may need. As a starting point, it’s important to address some preconceptions surrounding work and legal practice. For help on that front, we turn to Australian not-for-profit The Legal Forecast, which is run by early career professionals who are passionate about disruptive thinking and access to justice. It was awarded the 2019 Australian Young Lawyer Organisation Award by the Law Council of Australia. A podcast for The Legal Forecast – called Is That Good Advice? – with Australian lawyer and innovation ambassador, Milan Gandhi, seeks to bust some myths for early admitted practitioners and is worth a listen for any first-year lawyer (and more experienced practitioners, too!). Here are some of their key messages.

... as a junior lawyer, it’s inevitable that you will make errors – and that’s okay.

Myth #1 It’s okay to fake it till you make it – Gandhi dislikes the notion that early career lawyers think they have to be perfect and bluff their way through the job. Sure, exhibit some confidence, but maintain your integrity and understand that it is okay to fail and acknowledge that you don’t know everything.

Myth #2 You don’t need to own your mistakes – as a junior lawyer, it’s inevitable that you will make errors – and that’s okay. The worst thing you can do is try to cover them up.

Myth #3 Decision-making is all about a gut feel – the podcast explores the idea that lawyers may make poor and unethical decisions if they don’t have a framework for decision-making. The presenters suggest the 10/10/10 rule could be one such framework, whereby we can think about our decisions based on three different timeframes: How will we feel about it 10 minutes from now? How will we feel about it in 10 months? How will we feel about it in 10 years? There are other frameworks, but make sure you have some tools to help you make decisions.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

myths It’s okay to fake it till you make it. You don’t need to own your mistakes. Decision-making is all about a gut feel.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Go to where the puck is going, not where it has been. – WAYNE GRETZKY

Tips for novice players The podcast also identifies some simple tips for graduate or inexperienced lawyers. First, always have a pen and paper, or a laptop, at a meeting so you can take notes. Second, be proactive – that is, ask for other work if you have the capacity to help out. Third, think about where to next on a matter and contemplate the next step to take (it’s chess, not checkers!). The podcast ends with consideration of a famous quote that is often attributed to ice-hockey legend Wayne Gretzky: “Go to where the puck is going, not where it has been.” His father, Walter Gretzky, actually made the comment, but the premise is useful. Look to the future and don’t be bound by the past. The Legal Forecast podcast has other great advice for graduates and early career lawyers.

YOU CAN ACCESS THE PODCAST AT https://lodcast.simplecast.com/episodes/is-that-good-advice

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Setting yourself up for success

Starting out as a lawyer Perhaps it’s your first full-time job, or maybe you have retrained after many years in the workforce – either way, when you start a job as a lawyer, you are likely to experience a mix of workplace conditions. Some factors will be common to any organisation, and others will be unique to the legal profession. Your approach to employment in the legal profession could also vary depending on the location of the firm and whether it is in the public or private sector. Regardless, here are a couple of points to remember.

#1 Culture is king

#2 Clothes maketh the lawyer

Each law firm or in-house practice will have a distinct culture, with its own policies, procedures and ways of doing things. Make the most of any chance to familiarise yourself with the firm and its culture before and after you join it. This may be courtesy of an induction process that the firm provides, or by taking up opportunities socially within the firm that give you a chance to interact with others. These informal situations often provide an opening for you to learn about the firm’s expectations, systems and work practices. Don’t waste them.

No, you don’t need a cravat and a pocket square. However, workplace attire is important, and the standard of dress is usually driven by a firm’s culture and the image it wants to project to clients. Always dress formally unless you are advised that the firm has an informal dress policy. Such formal attire is a demonstration that you are taking your job seriously. Don’t be afraid to ask about the dress code. Some firms will insist that you always dress formally, while others will require formal dress only when client contact is involved. Others may have a special informal dress day each week (usually on a Friday).

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Work practices 101 – learn the basics Being competent with everyday processes is essential when starting out in any workplace. So familiarise yourself with the systems used in your firm, including:

TIME-RECORDING SYSTEMS

FILE MANAGEMENT SYSTEMS, INCLUDING DATABASES

DOCUMENT LAYOUTS AND PRECEDENTS

PREFERRED TIMEMANAGEMENT SYSTEMS, SUCH AS USING CALENDAR AND TASK PROGRAMS

RESEARCH DATABASES AND LIBRARY RESOURCES

TELEPHONE AND DICTATION SYSTEMS (ELECTRONIC OR MANUAL)

Support staff will usually provide training to help you become more competent and confident with such systems. They should also share with you preferred best-practice techniques to ensure you become as efficient as possible in managing your workflow. This includes learning how to dictate. Dictation is a learned skill and support staff can instruct you about the information they require from you, in what order, and techniques to improve the clarity of your dictation.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

the 12 commandments WHEN MANAGING FILES Professional work practices are critical if you hope to keep on top of your ever-growing list of files. You need to master the following elements.

1 Ensure you are familiar with the firm’s

policies and practices in relation to receiving new instructions, opening new files and risk management (especially in relation to conflicts). 2 Always make a record or file note of

telephone conversations, messages and instructions. Notes should include the relevant date and time. 3 Don’t be afraid to tell clients you will

clarify a matter and get back to them. 4 Ensure decisions are made by the

client, not you. Provide your client with options and outline the pros and cons with each. Clients will normally also want recommendations, rather than just options, and you can provide those recommendations. 5 Concentrate exclusively on one task at

a time – interruptions and distractions often lead to inaccurate billing and a lack of detail. Try to reserve time for attending to emails, rather than risk being distracted and sending out communications without due consideration.

6 Learn the firm’s trust account

policies – and always follow them. 7 Do not put off working on files. 8 Always proof-read documents

before you send them to anyone else, including emails. In a legal sense, emails are formal pieces of correspondence and communication, so make sure that you don’t drop your standards when emailing clients and colleagues. 9 Check all enclosures are attached

to documents and correspondence. 10 Keep a diary and record due dates

for work projects and important dates such as deadlines for filing settlements or court documents. 11 Regularly record and review time/

billing. 12 Keep in touch with clients and manage

their expectations realistically. Clients want to know they are on your radar, so return calls and respond to emails promptly, even if it is only a holding response to say you’ll respond later with a considered response.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

And don’t forget... To achieve career success, in terms of progression and personal satisfaction, a lawyer must adopt a disciplined approach to practice. Suggestions for developing your own approach include:

SETTING WEEKLY AND DAILY OBJECTIVES

LISTING GOALS AND SETTING PRIORITIES FOR WEEKLY AND DAILY OBJECTIVES

DOING THE MOST IMPORTANT AND PRESSING TASKS FIRST

DOING THE MORE DIFFICULT TASKS WHILE YOU ARE FRESH AND AT THE TIME OF DAY WHEN YOU FEEL YOU WORK BEST

ENSURING THAT FILES AND/OR COURT APPEARANCES ARE ATTENDED TO BY ANOTHER LAWYER IF YOU ARE UNABLE TO DO SO

ENSURING THAT CLIENTS ARE BILLED PROMPTLY FOR WORK COMPLETED

Appropriate email etiquette is also essential if you want to present a professional image to your client. You should familiarise yourself with the firm’s policy for internet, computer and email use. General guidelines for email use are similar to those for writing letters:

•

Be careful about sending confidential or privileged information via email as there is no guarantee that only the client will receive or read the message, which may breach your obligations of confidentiality or client privilege.

•

Keep personal emails to a minimum as emails sent through your firm’s computer may be monitored by your employer.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Setting yourself up for success

Know when to say no It is common for new lawyers to want to take on all work offered to them. However, the reality is that there is a finite capacity of work that can realistically be accomplished in any day. It is important that you understand and manage the expectations of those delegating work to you, so they do not get disappointed if work cannot be done immediately. Of course, you should consider scenarios carefully before rejecting work. Many lawyers will understand if you have a priority job for another lawyer that needs to be completed first, after which you can address their matter. Consider which lawyers you can say ‘no’ to. Some are less forgiving and more demanding than others.

If your workload is consistently too much for you to handle: •

Consider whether your file management skills are efficient.

•

Ask for pointers on managing workflow from another lawyer.

•

Assess whether you are using your support staff effectively.

Think about discussing workload matters with your supervisor, a supervising partner, director or solicitor, human resources staff, or your practice manager if things get out of hand. They may be able to suggest options to address the situation – for example, assessing the number of lawyers who are delegating work to you; considering delegating a different type of work to you; or advising you to undertake time-management training.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

“Patience, dedication and clear communication are the keys for fledgling lawyers wanting to make a long-term mark on the profession.” – writes Amelia Higgs, Senior Associate at Dobson Mitchell Allport.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Setting yourself up for success

In practice – setting yourself up for success – WRITES AMELIA HIGGS, SENIOR ASSOCIATE AT DOBSON MITCHELL ALLPORT. Well done! You’ve completed your law degree, finished your practical legal training, and landed a job. Next stop, partnership, right? Whoa there. Slow down. There is a lot to learn in between starting your first full-time law job and rising to the top of the legal ladder, and most of it is stuff that you are not going to find in any textbook or landmark High Court judgment. Transitioning into full-time work as a lawyer can often be a real challenge for freshly minted legal practitioners, and knowing what you can expect (and what you should not expect) can help your successful growth from a fledgling lawyer into a fully grown legal eagle.

Reality check The first, and possibly most clichéd tip, is that working in private practice is nothing like it is portrayed on TV or in the movies. Did you get into law because of your love of Harvey Specter and Rachel Zane on Suits? Reckon you are the next Atticus Finch? Great lawyers, real or fictional, start at the bottom. The media does not portray the boring but necessary research, the tedious cases, the voluminous paperwork, or the awkward and fumbling first court appearances that all the best lawyers have to go through to get to the top. Working in a law firm is far less glamorous than we see on the screen. There are definitely some exciting moments, big-money cases and exciting wins, but they are generally the

exception, not the norm. That is not to say that working in private practice is not fulfilling or interesting because, for most people, it is. However, if you are going into your first job expecting it to be a constant whirlwind of made-for-the-movies moments, you are quickly going to be disappointed.

Start small Similarly, it is uncommon to come across big, ground-breaking cases. It can be easy to expect that every court case you work on is going to be full of novel arguments about key legal principles because all the cases you have had to study at law school are the leading decisions on the topic at hand. However, what you do not learn about at law school is all the other cases that came before and went after which did not change the jurisprudence or massively overhaul the legal system. If you are working in litigation, most of the cases you will work on are not going to be the new Carbolic Smoke Ball or Mabo, and while you will probably get the chance to work on some bigger, more exciting lawsuits from time to time, most of the cases you take on, especially as a junior lawyer, will be pretty stock standard. That is okay, though. Getting a thorough understanding of your area of

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

law and being able to practise your advocacy skills on these types of cases will place you in good stead for when those bigger ones come along.

Be flexible Many early career lawyers have an idea in mind about the areas of law in which they think they want to work. Often, these ideas are based around the subjects at university which they found especially interesting, or in which they excelled. Or, following on from the points above, people have seen certain areas of law portrayed on media and entertainment platforms in a way that makes them seem glamorous, interesting, or attractive. Although some people start working in their area of interest and really enjoy it, it seems to be a very common experience that plenty more people quickly realise that they hate the area of law that they thought they were suited to (this author included). Do not be disappointed if it happens to you. Maybe your disinterest or dislike of the practice area is because you are not receiving much mentorship or guidance and you feel out of your depth, or perhaps you are genuinely just not clicking with the subject matter. Either way, do not feel that you are stuck or that you cannot explore other options. Try speaking to someone about your feelings – it does not have to be your manager; it could be the person immediately senior to you, or someone else you feel comfortable talking to within your workplace. In Tasmania at least, most law firms want to 16

ensure their employees have a positive and fulfilling experience, and if they become aware that you are not loving the type of work you are doing, they will make an effort to give you some experience in other areas, or to further explore why you’re finding your current area of work challenging. The worst thing you can do is suffer in silence because that is unlikely to solve the problem.

Avoid burnout A lot of early career lawyers seem to think there is an expectation that they have to start early, work through lunch and stay late. Maybe this stems from a desire to show how motivated and hard-working they are, or because they have seen it on TV, or because they have heard that their friends working in Melbourne or Sydney have to work until 11pm every night. There are certainly going to be some occasions where you might need to start earlier or finish later, but there is no expectation that this is something you should do every day just for the sake of it. In fact, most employers strongly discourage these habits because it is recognised that constantly working long hours is bad for our mental and physical health. It also impacts negatively on productivity. Over time, you will work out when you are at your most productive, and you will find that a lot of senior practitioners might arrive a little later in the morning but stay longer in the evening because that is when they feel they are at their best. Others like to arrive earlier than

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Setting yourself up for success

everyone, but leave at 5pm sharp. If you do want to work flexible hours to ensure you are working at your most productive times, make sure you speak with your supervisor about this.

A lot of early career lawyers seem to think there is an expectation that they have to start early, work through lunch and stay late.

Bill shock Following on from this is the tricky topic of time recording and billing. While some firms are transitioning away from unit-based billing and time recording, a lot of lawyers still bill by the 6-minute increment. Not only does this relate to the fees which you bill, it also helps your employer monitor your productivity and workload. When you start working, you will probably be given a billable-unit budget, which is the number of 6-minute units you are expected to perform billable work for in a day. In many practices, the standard is 55 units, or 5.5 hours of billable work. This translates into your annual fee budget, which is the amount of money you are expected to bill in the financial year. Time recording and billing are concepts which we do not get taught at university and which get briefly glossed over in your legal practice course. So when you start your job, you are often still a little (or a lot) in the dark about

how it all works and what the expectations are. The biggest thing to keep in mind is that early career lawyers rarely achieve their daily unit targets or their annual budgets. Try not to feel stressed or despondent if you are not hitting your targets every day. Remember, too, that the area of work you are in can drastically impact on your ability to meet your targets. For example, someone working in commercial law for privately paying clients might find it a lot easier to achieve their financial target than someone working in criminal law for legal aid clients. If you have not been given any guidance about how to time record or bill, ask your supervisor or manager if you can spend half an hour with them to go over it. Also ask your colleagues for their tips on time recording.

Talk to people! You may have picked up on a theme running through this article: talk to people! So many lawyers feel overwhelmed or unsure in their first few years of practice and this is a completely normal experience. However, the legal world is a busy place and sometimes colleagues might not realise you need further support, so do not be afraid to approach someone you trust and ask for help. You will find it so much easier to navigate your early career if you can share your thoughts and concerns and seek feedback, and most practitioners in the Tasmanian legal profession are more than willing to lend an ear because they were once in your position, too.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Time Management 1. Set goals correctly – consider your own, your supervisor’s and the legal timeframes and deadlines.

7. Balance your work and time units – don’t switch and swap between files all day.

Prioritise wisely – avoid over promising and under delivering. And, prioritise the tasks that can’t wait.

Know how long a task should reasonably take – find strategies to manage overflow.

Remove non-essential tasks – work out how to balance large and small tasks on a daily basis as this will help you to meet billable hour targets.

Plan ahead – ensure you have enough work to meet your budget.

4. Be efficient – work on complex tasks when you are at your most productive. 5.

Organise yourself – research, have resources on hand and know who can offer support if it’s needed. Reasonable delegation, where possible, also helps.

10. Keep a ‘to-do’ list in whatever format works for you – research best practice. 11. Set a time limit – take breaks, try not to work around the clock as productivity will suffer. 12. Time record accurately – keep the clock on and know your billable hour targets.

Don’t procrastinate – deconstruct the task into manageable bytes. Or delegate.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Setting yourself up for success

Prioritise wisely – avoid over promising and under delivering. And, prioritise the tasks that can’t wait.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

You will be provided with work that allows you to develop your skills; and to identify skills gaps and be provided with opportunities to fill those gaps through practical experience.

Supervision

Supervision – what to expect If you completed a practical legal training course prior to admission you are required to be supervised for a set period. This means that any legal practice that you undertake must be supervised by a practitioner who holds an unrestricted practising certificate. This supervised practice is the continuation of your practical legal training and is the culmination of your formal legal education.

Elements of supervision As an early career lawyer you should, as far as is practicable, be fully inducted into the administrative processes of your organisation. This should include: file opening procedures; conflicts checking; practice management systems; billing methods and procedures including understanding of retainer agreements and their terms; and use of standard office templates and precedents. You will be provided with work that allows you to develop your skills; and to identify skills gaps and be provided with opportunities to fill those gaps through practical experience. This should take into account your needs and goals; any career aspirations that can be enhanced during the period of supervision; identified areas of skill or knowledge in which you would specifically like to develop, and may include setting goals around areas such as drafting, providing advice or appearing in court, so that you can work to some structure around the supervision process.

... supervised practice is the continuation of your practical legal training and is the culmination of your formal legal education. You can expect that your supervisor will brief you in relation to your task, providing you with sufficient background information to allow you to undertake the task efficiently, and taking into consideration your capacity to undertake the work. Sufficient context should be provided so that you understand the “bigger picture” in relation to the file. You want to be able to understand the importance of the task in the context of the file as a whole and know the results that are expected of you. You also want to know the timeframe within which you are expected to complete the task, and whether the task is urgent. You will be given guidance on the authority and the resources you have to undertake the task – this may include you to contact the client or counsel, and authorising the use of other staff, such as paralegals, librarians and support staff, or incurring disbursements such as searches.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

During your work, you can expect to receive a range of experiences and development opportunities, such as: Observation: the opportunity to be observed undertaking your professional responsibilities, including interviewing, court attendances and the like; Instruction: being told how to do something and then being given the opportunity to follow those instructions; Trial and error: you will be given “a go” and then offered constructive feedback on your work. The makeup of these methods will vary depending on your level of experience and confidence. For example, at the beginning of your supervised practice, supervision may consist more of observation and instruction, and as you gain more experience, trial and error may become the predominant method of supervision. The timing of the transition from observation and instruction to “having a go” will vary depending on the individual early career practitioners, the type of task, the subject matter and the nature of the file. Your supervisor will ensure that you are exposed to all aspects of file management, including strategic planning, goal setting and outcome analysis so that you gain the skills to manage files in their entirety, unsupervised.

You will be given the opportunity to be involved in all aspects of a file management and be encouraged to express views and ideas as to its future conduct. You will also be encouraged to critically analyse the steps in each matter that have already been undertaken.

Competencies It is important to ensure that you have developed a range of competencies during your period of supervised practice. The following is a non-exhaustive list of the competencies that must be addressed, to ensure that your formal legal education is satisfactorily completed: •

Interviewing clients, taking instructions and generally dealing with clients.

•

Advising, orally and in writing.

•

Undertaking legal research.

•

Ascertaining and analysing facts against the legal framework of a matter.

•

Legal writing, including. -

Correspondence.

Pleadings.

Contracts/deeds/equivalent.

•

Advocacy, dispute resolution/ negotiation.

•

Planning the ongoing conduct of matters.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

Feedback

Ethics

Feedback is a vitally important component of your supervision. The following factors should be open to you:

As well as having your legal work supervised, you will receive guidance on your ethical development as a legal practitioner. This guidance will include:

•

Regular and ongoing, and proactive, such as a standard part of the weekly routine of catching up with your supervisor, where your work can be evaluated so you receive suggestions and solutions, and can have problems and concerns addressed in a timely manner, before they escalate. A specific time set aside, at least weekly for feedback. At this time, you can go through the work you are doing and expect specific feedback in relation to each task performed.

•

Your work load can be assessed to determine that you are neither too busy or not busy enough.

•

Seek a solution focus to your mistakes. Come along with possible solutions for what can be improved and seek advice on how this can be achieved.

•

An opportunity to reflect on your work should be a part of the feedback process. Reflect on your work with questions such as “what worked well for you today” and “what did you have difficulty with today”.

•

The importance of ethical time recording and billing practices, including the need to differentiate between billable and nonbillable work.

•

The obligations of confidentiality.

•

The obligations of a practitioner as an officer of the Court and what this means in real terms.

•

The nature and effect of the Legal Profession (Solicitors’ Conduct) Rules 2020 (Tas). VIEW THE LEGAL PROFESSION (SOLICITORS’ CONDUCT) RULES 2020 HERE: https://www.legislation.tas.gov.au/ view/html/inforce/current/sr-2020-055

Mentoring Mentoring is different to supervising and should probably be provided by someone other than your supervising practitioner. The ability to offer you a mentor as well as a supervisor will depend very much on the size and nature of your organisation. The regional Early Career Committees generally have mentoring networks that they can link you with.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

your supervised time MADE EASY

•

Get to know the practice procedures of your new organisation.

•

Initiate daily contact with your supervisor to discuss work of the day.

•

Weekly or bi-weekly meetings with your supervisor allows you to discuss concerns, workload and challenges.

•

At least once a month seek a review of all files for which you have responsibility.

•

Always ask if you are unsure. It’ll save heartache later.

•

Diarise everything! And, on whatever means you use ensure reminders can be set.

•

File notes. File notes. File notes.

•

Avoid curve balls. Find out how matters usually progress in your organisation.

•

Don’t be too hard on yourself.

•

Have your supervisor check your correspondence (even short emails) before they go out. Never give legal advice to clients without checking with your supervisor first.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Being an early career lawyer can be challenging at the best of times, especially if you are working remotely so perhaps the most important tip of all is to speak up and ask, ask, ask!

Remote supervision “It seems to me that time management can be both a challenge and an opportunity in a virtual setting.” – WRITES JAMES FLETCHER, MANAGING DIRECTOR, ALTA PETE CONSULTING. The topic of remote work has become a ‘hot topic’ as a result of the increased prevalence of remote working brought about through the COVID-19 pandemic. And these arrangements seem to be here to stay – according to research conducted by McKinseys, as quoted in Harvard Business Review, 90% of organisations will adopt some combination of remote and on-site work as they emerge from COVID restrictions. This information is intended to complement the existing guidance available to you on the topic of supervision. It is written based upon what is emerging as best practice for remote supervision for early career lawyers in the context of what is sometimes referred to as ‘hybrid teams’ (that is, a team involving some combination of remote, virtual work and faceto-face work in an office environment).

This information also takes account of guidance for remote supervision lawyers, in particular from the Victorian Legal Practice Board; Alta Pete’s popular ‘Leading Hybrid Teams’ workshop and the author’s own experiences of working as an executive coach to lawyers and senior executives, and as a former early career lawyer (albeit some time ago).

... 90% of organisations will adopt some combination of remote and on-site work as they emerge from COVID restrictions.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

Best Practice #1

Be Across Organisational and Team Priorities According to Professor Tsedal Neeley of Harvard Business School, and author of The Remote Work Revolution: Succeeding from Anywhere (2021), the most effective hybrid teams have clear alignment around: •

•

Team goals: performance objectives that enlist the contributions of everyone on the team. Contributions and constraints: clear roles in the team and how you can contribute to the team’s goals; and any constraints you have (e.g. hours that cannot be reached; caring responsibilities).

•

Resources: consensus about use of resources (including: technology; information, training, a budget and other elements that will help the team advance its goals), how to access those resources, and any additional resources that might be necessary to meet the team’s goals.

•

Shared norms: reflect a set of principles that guide interactions, decision-making, and problem-solving.

So, the first tip for you is to speak up if you are not clear on any of these factors; or if you feel that you are working under constraints that your supervisor should be aware of. Some useful questions and conversation starters include: •

What are the team’s current priorities and goals?

•

Where are we across these things?

•

What is my role in helping to achieve these priorities?

•

What are the team’s norms for collaborating effectively? (e.g. how and when do we use technology to communicate?). Note: some teams have a Team Communication Charter or similar which provides guidance on the ‘ways we do things around here’.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Best Practice #2

Effective Time Management Early on in my legal career, I recall one of my supervisors saying to me ‘James, sometimes you will need to produce a Rolls Royce of an advice; other times a Mitsubishi Magna will do’. It seems to me that time management can be both a challenge and an opportunity in a virtual setting. Early career lawyers working remotely can benefit from being able to work in a way that minimises distractions – but you have to be able to know the Rolls Royces from the Magnas, and one must also beware of what Professor Neeley describes as ‘hyperproductivity’ (that is productivity gone wrong because of a lack of work-life balance). Some ideas that may be helpful here include: •

•

Plan to do important activities at the time of day when you function best, and ask your team when they do their best work.

•

Use the Pomodoro technique - Pick one project or task you want to focus on. - Set a timer for 25-30 minutes, and get to work. - When the buzzer sounds, take a two-to-three-minute break. - Repeat. - After four sessions, take a longer break.

•

Avoid unwanted interruptions - Where possible, work somewhere that is quiet and free from distractions. - Have an agreed ‘Do Not Disturb’ signal within your work area (e.g. when MS Teams shows me as ‘Do Not Disturb’ please only interrupt me if genuinely important).

Ask your supervisor for a ‘ball park’ of how much time you should spend on a task at the time it is allocated. A useful question framework here is CPQTL.

Also, if you are very busy with other priorities, you can ask where this matter sits against the other priorities – e.g. ‘I am working on an urgent matter due for hearing tomorrow – should I do this one first or can it wait until after that is finished?’ If you are working to multiple supervisors with competing timeframes, you can respectfully suggest they may need to agree it between themselves and let you know the decision.

What is the Context and background? What is the Purpose of the work – including the intended audience? What Quality is required (Rolls or Magna)? How much Time do I have/should I spend on it? What Length are you looking for? (is it a 1-pager or a 20-pager?).

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

focus questions Are you a morning or an afternoon person? Do you have morning and afternoon energy surges? What about your team members? Research shows that each time we are interrupted, it takes 22 minutes to re-focus your attention.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

FEAR OF ADMITTING MISTAKES

‘COMMON KNOWLEDGE EFFECT’

PSYCHOLOGICAL

danger

BLAMING OTHERS

LESS LIKELY TO SHARE DIFFERENT VIEW

COMFORT OF ADMITTING MISTAKES

BETTER INNOVATION & DECISIONMAKING

PSYCHOLOGICAL

safety

EVERYONE OPENLY SHARES IDEAS

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

LEARNING FROM FAILURE

Supervision

Best Practice #3

Be Mindful of Your Psychological Health and Safety Psychologically safe teams enjoy the following characteristics: •

Team members express mutual respect, trust and interest in each other as people.

•

Team members do not attack each others’ knowledge, competence, motivation, personality or character.

•

Opinions and arguments are decoupled from the personality of the person expressing them.

Psychologically safe teams are very different to psychologically dangerous teams – as shown in the image on the left (image content source: World Economic Forum). Not only are psychologically safe teams more productive and efficient, they also better deal with what are described as ‘psychosocial hazards’, which can include: •

Role overload (high workloads or job demands).

•

Role underload (low workloads or job demands).

•

Role conflict or lack of role clarity.

•

Low job control.

•

Conflict or poor workplace relationships between workers and their supervisors and managers and co-workers.

•

Poor co-worker support.

•

Bullying.

•

Inadequate reward and recognition.

•

Remote or isolated work.

•

Poor procedural justice (processes for making decisions).

•

Poor organisational change consultation. (SafeWork NSW Code of Practice Managing Psychosocial Hazards at Work, May 2021).

Even though many of the factors that support psychological safety may feel beyond your control, some things you can do are: •

Role model good work practices that support psychological safety – including appropriately calling out any psychological hazards you see (if in doubt seek guidance, e.g. from a Mentor or from the Society).

•

Communicate openly and regularly with your colleagues (e.g. support a colleague if you can see they are struggling).

•

Suggest to your supervisor or your organisation’s leaders that you develop ‘Guidelines’ about the best ways to work together that are inclusive of flexible workers with diverse needs.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Best Practice #4 Make Friends with Tech Technology can be both a help and a hindrance for a hybrid team. As an early career lawyer, you may actually have more knowledge than colleagues on types of tech and ways they can support effective ways of working – so again be prepared to speak up and constructively offer your ideas and suggestions. Again, you should be mindful of signs of ‘tech exhaustion’ – for example if you are feeling fatigued through excessive screen time (see also Best Practice #5 below).

USE SYNCHRONOUS DIGITAL TOOLS WHEN:

Some useful ideas to make tech work best for you and your team are listed below:

USE A-SYNCHRONOUS DIGITAL TOOLS WHEN:

•

You want to build rapport.

•

You need to provide critical feedback.

•

You want to brainstorm different ideas and solutions.

•

You want to increase team cohesion or have a team launch.

•

A crisis happens that requires immediate attention.

•

You don’t require immediate feedback.

Implement guidance on when to use synchronous versus a-synchronous digital tools

•

You need to collaborate with someone in a different time zone.

•

You need to communicate a message to group of people.

Synchronous tools are where technology enables people to be live together and in real time, for example video-conferencing.

•

You want to provide context before or after a real-time event.

•

You need to explain a complex concept so that people can go back and reference later.

•

You need to schedule or keep records.

A-synchronous tools are digital tools that have some form of delay, but still provide for communication, for example email. Whilst each team may have different preferences and requirements, depending upon their work, and the preferences of your organisation and your supervisor, some illustrative guidance based on Professor Neeley’s work is set out below.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

Other tech-related ideas •

Ensure you have training and the access to the technology you need – if you don’t know how to use it, ask for the training or make time to review ‘how to’ tech guides (e.g. many virtual meeting platforms have useful videos on how to use the various features).

•

Consider suggesting protocols for technology use in a Team Communication Charter, if you don’t already have one.

•

Speak up if you are experiencing ‘tech exhaustion’ and be prepared to suggest some alternatives.

•

Consider asking people who are online to speak first, or ask them to respond first to a question asked.

•

Show in calendar invitations whether a meeting is in person, virtual or a hybrid. For virtual and hybrid meetings, indicate whether it is video on or off (or a combination). It is always good practice to include a virtual option for face-to-face meeting invitation, just in case there are any remote attendees.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Best Practice #5

Make Wellbeing a Priority (both yours and your colleagues’) As noted above, potential challenges associated with remote working includes psycho-social risks such as negative emotional responses to changes and social relationships associated with flexible working; as well as possible burnout, fatigue, mental stress from the isolation and psychological distress. It is therefore important to prioritise wellbeing – for yourself and for your colleagues. Some ways you can do this include: •

Prioritise your own mental health – remember you can only effectively support others if you yourself are well.

•

Maintain regular catch-ups with your supervisor and let them know how you are travelling. It is so important to be frank about any challenges you’re experiencing both at and beyond work – they can’t help if they don’t know what the problems are.

•

Consider enlisting the help of a ‘buddy’ (e.g. a more experienced and trusted colleague); an executive coach or mentor who has some insights into your professional situation, and be frank about the challenges you’re experiencing both at and beyond work.

•

Ensure you implement strategies to recharge (e.g. mindfulness activities; exercise; activities you enjoy; time for connections with others; restful sleep and regular breaks and holidays – and encourage your colleagues to do the same).

Conclusion and next steps I hope that you find these best practices helpful. Remember, being an early career lawyer can be challenging at the best of times, especially if you are working remotely so perhaps the most important tip of all is to speak up and ask, ask, ask!

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Prioritise your own mental health – remember you can only effectively support others if you yourself are well.

Prioritise Plan If you’re at capacity, say it early Learn people’s body language Learn people’s preferred communication style

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

Learning to work with others Being a successful lawyer is more than about having good legal knowledge. Building on your relationship management skills will benefit your performance, your communications and your time management.

Your Supervisor

Support Staff

Maximise your efficiencies, productivity and responsiveness by learning how to meet their needs. Take notes when instructed. Repeat instructions back to avoid confusion. Know what is required, the facts and the underlying problem or issue. If you need it, ask for clarification upfront, but don’t ask questions you can answer yourself with a little research and effort. Know the task (and legal) timeframes and deadlines and work out a plan. Never lose track of critical dates – it is your responsibility. Prevent loss of trust by being organised and effective and upfront. Know what you are doing and why. Own up to or point out problems early, and where possible offer solutions.

Secretaries, office managers, receptionists and other administrative staff have often been at the firm much longer than you. They are an excellent source of system and daily office running knowledge and know-how. As a junior you and your work will not be top priority so plan ahead and give plenty of notice. Know that any work done by admin is ultimately your professional responsibility.

Be dependable Be resourceful Be courteous Be respectful Be consistent Know what you are doing and why.

Own up to or point out problems early, and where possible offer solutions. THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Mentor /ˈmɛntɔː/ noun An experienced and trusted adviser.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

I worked up the courage (or perhaps audacity) to ask my interviewers: “Will I be mentored and if so, what will that look like on a day-to-day basis?” – WRITES AMBER SCOTT, PRESIDENT, NORTH-WESTERN YOUNG LAWYERS COMMITTEE, 2022.

... The [affirmative] answer to my question was the most important information I took away from that interview. Exposure to my mentor’s day-to-day practice has… helped (and continues to help) me gain knowledge in areas never taught through my formal higher and post graduate education. “So, what does a law firm want to see in a graduate lawyer?” A question often posed by law graduates as soon as they are in earshot of any gainfully employed lawyer. With eagerness, the graduate will listen ad nauseam to the typical responses of: “someone who is loyal to a firm”, “a people person”, “a good communicator”, “someone with a willingness to learn”, “one who takes initiative” and so on and so forth. Some responses extend to discussing what you should include in your cover letter or resume when responding to a job advertisement. Others indicate that many firms don’t advertise for graduates, but rather appreciate a prospective employee showing initiative and approaching them for a graduate position.

Eleven secret herbs and spices Armed with the 11 secret herbs and spices to legal employment, the graduate walks away from such conversations equipped with the ammunition required to catapult themselves into a position of employment within the legal profession… or so they may think. Whilst the graduate has asked a vital question and received some insightful information, what is often not discussed in any depth, is what that firm can offer the graduate? From law students to senior practitioners, most of us have heard horror stories of early career experiences within the profession.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

See you at the Christmas party A recent story I became privy to was a graduate who within their first year of practice was offered little to no mentoring or oversight. So little that they conducted their first Supreme Court trial completely unassisted, only to return to the office at the end of the day, briefcase in hand, to be asked by a principal of the firm casually walking back from the printer to their office “What have you been up to today?”. Other stories centre around being thrown a pile of files and being told they will see them at the Christmas party or similar. Whilst everyone has their own unique experience, the commonality between them is a lack of mentorship. It is this lack of mentorship at the early career stage that leads to attrition within the profession and is something graduates and firms alike must be conscious of. I vividly remember my job interview for my current position. It was my first job in the legal profession. I was mid-way through the Tasmanian Legal Practice Course, didn’t know any lawyers on a first name basis and was the first in my family to attend University. I felt way out of my depth, but despite this, I worked up the courage (or perhaps audacity) to ask my interviewers: “will I be mentored and if so, what will that look like on a day-to-day basis?”. Pleasingly, that question was well received and led to a great deal of positive discussion for the remainder of my interview. It was only 40

having heard the response from my interview panel that I felt comfortable within myself in knowing that if I were offered the job, it would be within a work environment I would relish stepping into. Before attending my interview and ultimately asking about what mentoring I could expect from my prospective employer, I had done some homework on my interviewers and knew exactly who I wanted to learn from. I knew what this particular person had achieved and the reputation they had. I knew the direction their career had taken nd I was hopeful my career might also follow a similar trajectory.

Avoid being ‘fed to the sharks’ What I needed to know was whether the firm itself acknowledged the importance of providing close support and learning opportunities for their graduates and that I could be assured I would be provided ample opportunity to learn and gain confidence in that setting. Not fed to the sharks or left to my own devices without the necessary support to survive and thrive within the profession. Some three years later, I now know that not only was that single question which I felt so hesitant about asking, crucial to my decision, but the answer provided by those on the panel was the most important information I took from that interview process. In my case, the

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Supervision

answer provided was accurate. Within my short time with the firm, I have had the opportunity to participate in the firm’s graduate program which has provided me with exposure to all facets of running a firm, from training with our firm’s accountant in dealing with the commercial realities of private practice to sessions with the firm’s directors on client relations. Most importantly (and perhaps most beneficial to graduates) is the open-door policy/access I have to my chosen mentor.

level of trust, confidence and respect in each other.

Exposure to my mentor’s day-to-day practice has not only assisted me in gaining confidence and competency in my practice of the law, but helped (and continues to help) me gain knowledge in areas never taught through my formal higher and post graduate education. Transferable skills, such as how to navigate office politics and, importantly, how to traverse dealing with difficult clients and lawyers alike.

Perhaps herein lies the connection back to what those lawyers told me firms were looking for all those years ago… loyalty, communication, willingness to learn, initiative. Well now that you have found a firm that offers the mentorship you desire, show those attributes and your relationship between you, your mentor and your firm will flourish, and with it, positive client outcomes and perhaps a successful career in law.

Mentorship is a two-way street

It may take some time, but the key to a successful mentor and mentee relationship is gaining a mutual level of trust, confidence and respect in each other.

When embarking upon finding a mentor and learning from them, it is important to understand that a mentor and mentee relationship is a two-way street. It must be understood that for your mentor to adequately train you and expose you to their practice, it takes a great deal of time and effort. Time and effort taken away from their own files and limited working hours in the day. It may take some time, but the key to a successful mentor and mentee relationship is gaining a mutual THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

While it’s important to have empathy for clients, remember that you’re a lawyer, not a counsellor. – writes Mary Anne Ryan, Barrister, Derwent and Tamar Chambers.

A day in the life of...

A day in the life of… For family lawyers, managing people is just as crucial as understanding the law. – WRITES MARY ANNE RYAN, BARRISTER, DERWENT AND TAMAR CHAMBERS. I had an unusual training ground for my legal career – 24 years’ experience as a registered nurse specialising in neurosurgical nursing. However, my nursing experience has been invaluable in the law. Over the course of my nursing career, I fulfilled a number of management, educative and clinical roles, I learnt a lot about people and developed deduction reasoning skills. I’d always been interested in the law, though, and knew that the emotional and physical toll of nursing is not something that is easily done as you age. So, I made the switch to law, studied hard, graduated and then, despite having an honours degree, was rejected about 30 times before landing a job. I think my age was part of the issue, but I had faith in myself and would not give up. I remember crying when I got that first job.

Tough work, but satisfying In 2005, I opened my own firm. Initially, I practised family, criminal and civil law, but as the business grew, I decided to focus predominately on family law and soon grew to appreciate the satisfaction that comes with being very skilled in a particular field.

Family law is a difficult area of practice because you’re really seeing people at their worst, whether the issues are family violence, substance abuse, mental health issues, or a combination of them all. Given that complexity, it’s enormously rewarding to achieve outcomes for families that are good for the children. Later, my firm merged with another family law firm. But I’d always done my own court work and trials, so in 2015 I bit the bullet and joined the Tasmanian Independent Bar after 13 years as a barrister and solicitor engaged in civil, criminal, family law and child-protection litigation. I like the courtroom and all the strategy, analysis and planning that is required to manage a case. Appearing as Counsel in multiple ground-breaking family law cases in the Family Court of Australia and the Federal Circuit Court of Australia, I feel privileged to have made significant contributions to the development of case law.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dealing with pressure

Advice for the ages

Law has a reputation for being a highpressure environment, but I can say from experience, real pressure is performing cardiac massage on a person who has arrested. So, I’ve always been able to manage the stresses of my legal work.

Early career lawyers should quickly learn that while it’s important to have empathy for clients, remember that you’re a lawyer, not a counsellor. So, you need to develop referrals for your client with people you trust – accountants, doctors, psychologists, counsellors and others.

I have a lot of Independent Children’s Lawyer files, which require me to act for the best interests of the children. In that area of family law, it’s an occupational hazard that people will on occasions be convinced you are biased against them and make complaints to the Legal Profession Board. But you constantly grow as a professional and learn how to manage people and assist them legally. My style is to be very straight with people, without being rude, so they don’t misunderstand my views or advice. That skill comes with time, practice and reflection.

... you constantly grow as a professional and learn how to manage people and assist them legally.

Be conscious, too, that you may not know what you don’t know. Overconfidence can lead to a situation whereby you shun guidance. Just ask. No supervisor in a firm will ever criticise staff for clarifying what they’re being asked to do. The other thing I’d say is that if you have to ask if you’ve got a conflict, then you’ve answered your own question. Trust your conscience and, if something doesn’t feel right, seek guidance. If it’s not an ethical dilemma, seek advice from a senior practitioner in your firm. If it’s an ethical problem within your firm, get professional advice from a very senior practitioner at the Bar or another firm. It’s your reputation that’s at stake.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

”

My style is to be very straight with people, without being rude, so they don’t misunderstand my views or advice. That skill comes with time, practice and reflection. – writes Mary Anne Ryan Barrister, Derwent and Tamar Chambers.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Use the early stages of your legal career to discover what practice areas you enjoy intuitively and intellectually. – WRITES EVAN HUGHES, PRINCIPAL, RAE & PARTNERS.

As a criminal litigation lawyer, I’d love to tell you that the job is never like it is portrayed on Law & Order and other television shows. Unfortunately, it can be similar in some cases. The offending, the conflict and even the court room drama. However, the rich tapestry of criminal law practice and the unusual things that happen are what makes the work so interesting. It provides a window into people’s lives, the best of human nature and, of course, the worst. I graduated in 1998, the last year that law students were required to complete the Legal Practice Course and then undertake an apprenticeship. At the time, apprentices had limited responsibilities and the emphasis was on being taught and trained. For today’s law school graduates, there are far greater expectations from day one. I did like the old system because, even with the best of training in a hypothetical environment, it’s never quite the same as being in practice.

Spoilt for choice

in a balanced practice between criminal and civil litigation. The lesson for early career lawyers is to find an area of practice you enjoy working in. What made me opt for litigation is that I enjoy public speaking, interaction with people and the challenge of trials. An office-based practice doesn’t allow for all of that. Please don’t rule out a career in law, though, just because you don’t like advocacy. Commercial law, for example, is an extremely complex, challenging and rewarding area of practice for those who like advisory work rather than court work. The message? Follow your interests and passions – that will always be an easier path than doing something you don’t enjoy.

Follow your interests and passions – that will always be an easier path than doing something you don’t enjoy.

My sliding doors moment came after I worked first in the Crown Solicitor’s Office and then the Legal Aid Commission (now Tasmania Legal Aid) and had to make a choice between practising within government or pursuing litigation in private practice. I went with what I found to be most interesting for me and ultimately joined Rae & Partners, where I work

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

What to expect

Three things to think about

On a typical day, I get to work between 6.30am and 7am, which allows me to work peacefully without interruption from (too many) emails and calls.

I have some other advice for early career lawyers.

Generally, I’ll be in court from 10am through to late afternoon for different cases. During the day, I focus on advising clients, writing correspondence, preparing documents and getting ready for court. The key is to plan and be organised. There’s nothing worse than being unprepared as you enter court. Atypical days could be spent visiting prisons and, in the case of trial work, going on views with juries, the crown and a judge to inspect crime scenes. For early career criminal litigation lawyers, your career will logically progress from applying for adjournments, then bail applications, then pleas and defended hearings, then preliminary proceedings, then Supreme Court appearances, and then (hopefully) trials. Just as you learn the skills and feel comfortable in one area, you’ll move on and get uncomfortable again. That’s a positive thing.

First, give yourself a break. You don’t walk out of university as a fully equipped legal practitioner, and that’s okay. Take the time to learn and develop the requisite skills. Second, accept that you will make mistakes and be strong mentally and learn from those errors. Third, sound out senior lawyers and mentors. Early career lawyers often think they will be criticised or shut down if they raise issues with their peers. Rather, you should get help, support and assistance, not judgment, anger or frustration. One vital resource for early career lawyers, in particular, is the Law Society’s Senior Practitioners List, which consists of a panel of appointed senior practitioners who provide advice to members of the profession about ethical or practice matters. Take advantage of it – it’s not used enough. https://www.lst.org.au/seniorpractitioners-list/

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

You can access the Law Society’s Senior Practitioners List at https://www.lst.org.au/senior-practitioners-list/

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

As lawyers, we have duties to our clients, but overriding this is our paramount duty to the court. – WRITES ZAC NICHOLSON, PRINCIPAL, TREMAYNE FAY RHEINBERGER.

Early career lawyers will inevitably face ethical tests – it’s part of the job. I recall one day, working at a previous firm, when a client came in a few days after a mediation, which had gone well, to sign a settlement deed. At the conclusion they said they had a “little something for me” and handed me an envelope with $1200 in cash in it. My first reaction was to check the ceiling for a camera. Was this some kind of test? I told the client I couldn’t accept the gift. Some might argue that taking money in such a circumstance is all right if you declare it to your partners (who would hopefully not exercise their right to split it among themselves) and the tax office, but I still believe I did the right thing. You have to follow your instincts and, in this case, despite the actions that could have been taken to legitimise it after the fact, it didn’t feel right.

Early career lawyers have to trust their gut when it comes to ethical issues.

Road less travelled After leaving school in the late 1990s, I started doing an economics and law combined degree but finished at the end of three years, taking the economics degree only and deferring the remaining two years of law intending to have a gap year. The “gap year” lasted a decade and I used nothing of my economics degree. I firstly worked for two years as a rigger/ scaffolder/crane driver in mine construction in remote Western Australia. I then headed overseas in 1999 and spent the next seven years working on super yachts based mainly in the south of France and Majorca in Spain, but also spending seasons in the Caribbean and the Red Sea and the Middle East. I was initially a deckhand, but was put through various qualifications by the owners and finished up in the final four years as first mate. It was a great lifestyle, particularly when the owners weren’t on board, but it was a fairly nomadic existence and in the back of my mind I always wanted to return to Australia, finish my law degree and settle down. I returned to Tasmania in 2006 and in 2008 graduated with my law degree and launched a career in which I now specialise in estate disputes.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

I started practice knowing only what I didn’t want to do, which was family law. Page Seager Lawyers, where I was first employed for a seven-year period, had a fantastic rotation program for graduates but mercifully spared me a family law rotation and I ended up in their commercial litigation team. Through my early commercial litigation work I handled some will disputes and family provision claims and my interest grew from there. Now with TFR Lawyers, that’s really all I do. I enjoy dealing with people and their family dynamics. Estate disputes are, ironically, family law type disputes, albeit now involving an estate. There are often big rifts within families and matters can get nasty, but the work offers great variety and interesting cases and people. Typically, I spend about half a day drafting advices and working on affidavits and other legal work. The balance of the day is spent meeting and liaising with clients, reviewing junior lawyers’ advices and also management meetings. I usually have a couple of mediations a month and those days can be long and taxing, but ultimately they are rewarding. Most estate dispute matters settle at a mediation rather than going to a final hearing in the Supreme Court. I do some of my own Court work, but the more complex matters or those involving high-value estates are briefed to barristers.

Burnout a real risk Inevitably, one of the biggest challenges for early career lawyers, particularly those in private practice, is burnout. You can lay awake at night thinking about some of the horrific scenarios facing your clients and their problems can seem to become your problems. This is particularly the case, I think, in estate and family law disputes, and especially in the latter where many matters relate to children. You must be able to compartmentalise and leave your work at the office.

You must be able to compartmentalise and leave your work at the office. Likewise, it’s important to have a life outside work. That can be difficult in an era of email and constant connection, but it’s a slippery slope if you are answering emails or calls at night. As a director and shareholder of TFR, I expect to do some weekend and after-hours work, but for early career lawyers earning a salary you should not feel obliged to do work outside of regular hours other than on rare occasions. If you are engaged in a hearing or a trial, you may have to work different hours, but your employer should then be flexible enough to let you knock off earlier on a Friday to make up for it. Flexibility should work both ways.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

Some final tips I started this article discussing ethics. The other classic example for lawyers doing estate disputes is if a client includes wrong or incomplete information in an affidavit; for example, if they have received superannuation outside an estate in a family provision case and don’t declare it in their affidavit. This situation arose for me not that long ago just prior to a mediation and you have no choice to bring that information, relevant as it clearly is, to the other side before any settlement negotiations begin. This response should be a no-brainer – as lawyers, we have obligations of confidentiality to our clients and, of course, we must fiercely put all arguments on their behalf, but overriding that is an obligation to the court. If you don’t disclose information, there’s every chance a settlement could unravel. Don’t sacrifice your career for shortcuts. You don’t want to be one of those lawyers in respect to whom your colleagues say “get it in writing”.

For my final advice, I’ll draw on the words of an old law lecturer, who said:

”

Take your work seriously, but don’t take yourself seriously.

For some people a legal career seems almost a higher calling. Of course, you need to be engaged by your work and to always do your best, but perspective is crucial. You need to enjoy the work most of the time, otherwise you should find something you enjoy doing. I love the challenge and variety of the law and couldn’t now imagine doing anything else.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

As a law student you can succumb to thinking that the only place to get a job is at the top-tier firms. – WRITES TREVOR MCKENNA, SENIOR ASSOCIATE, OGILVIE JENNINGS.

I progressed through university without any strong aspirations to practise law. Then three events shaped my future. First, doing a legal subject piqued my interest in the law. Second, I watched a person go through the courts and the criminal justice system and found it fascinating. And third, the clincher. In my final semester of law school, I entered the Law Council of Australia’s National Family Law Moot Competition and ended up making the final and presenting my case in the Melbourne Registry of the Family Court of Australia. It felt terribly real and I thought, “Gosh, I’d be happy doing this as a career.” Thirteen years later, I still love practising family law because it’s such a varied and stimulating area of practice.

Don’t be afraid to switch firms As a law student you can succumb to thinking that you must get a job at the top-tier firms, otherwise your study has been in vain. When I started out, the most important thing for me was to get my foot in the door. I eventually landed a job in Sydney, which exposed me to different experiences and people outside of Tasmania. Over the years, I’ve practised in Sydney, Perth and Hobart and grown with each experience. I’m really against the idea of staying in one firm in the early stages of a legal career. How do you develop if you don’t expose yourself to other ways of doing the work you do? Part of that development includes finding mentors, internally and externally. I’ve always made an effort to connect with other people and lawyers, including my opponents. Then I’ll pick up the phone and, when I have a problem, ask them if they can help out. In one case, I faced an ethical dilemma when a client made a comment in jest that they were “going to kill” the other party. I hung up the phone, realised I needed to workshop the issue with a colleague and I ended up speaking to the client to clear up the matter. Such moments underline the importance of being able to consult with peers.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

Insist on balance between work and life Family law is a complex and emotional area of practice. In addition to legal skills, you need coping strategies to avoid burnout.

In addition to legal skills, you need coping strategies to avoid burnout. The minute I leave my office I switch off and I couldn’t tell you what I’ve done at work that day. Developing that skill took time, but an adventurous life outside of the office and a great network of friends certainly helps me strike a good work-life balance. This makes you a better person and it resonates with clients, too. Practice can be really intense, especially when court work is involved. You have a duty to do your best for your client, but you must do this through the prism of what the court expects of you. You have to please a broad audience, and it can create a lot of pressure. Relieving that pressure with a healthy life outside of work is a key to success.

Just hang in there There will be times in the law, especially in the first few years, where you might question your career choice. I remember my first week at a firm in Sydney where I spent the whole week sitting in a conference room sorting through paperwork. I asked myself: Is this what law is all about? Will it ever get better? The good news is that it does. My advice to others is to stick it out, persevere and build the base of experience that will allow you to succeed. The other counsel I would offer to early career lawyers is to be yourself and bring your whole self to work. Don’t be afraid to do that because it makes you a better practitioner, and more relatable to clients. We live in a contemporary society and the law is becoming an increasingly welcoming place. There’s room for different styles and personalities.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

It’s important to surround yourself with good people, whether they are mentors or members of your team. – WRITES NICOLA LUTTRELL, SENIOR LAWYER, EDGE LEGAL.

When I did a three-week unit on labour law at university, I had no idea that I would go on to be an employment lawyer. For law school graduates, that should serve as encouragement. You don’t need absolute clarity about your career path as a university student or graduate. Get some experience and find out which area of law you like best. I’m now into my sixth year of practising after getting a clerkship at one of the bigger local firms in Tasmania when I was in my fourth year of university. Ultimately, the firm offered me a one-year graduate program that allowed me to try a number of practice areas before I landed on employment law. For me, the real-world experience of practising as a lawyer has been very different to my expectations when I was studying. Law school can only prepare you with some of the more basic skills, including the ability to research and analyse facts. So much of the knowledge and skills I now possess had to be learnt on the job. That learning never stops.

Every day is different I like the variety of employment law. My work can range from conducting assessments following workplace complaints and formal investigations into allegations of sexual harassment and bullying; defending antidiscrimination, unfair dismissal and general protections claims; and providing more general advice to employers about compliance with industrial legislation. A typical day entails fielding phone calls and emails and working on longer-term advices for clients, whether it’s a restructure project or management of an ongoing employment issue. This is mixed with more urgent queries that come up throughout the day and managing ongoing dispute files. You’re never doing the same thing and no day looks exactly the same. At the same time, employment law is more predictable than some other practice areas. In my role, I’m normally working with existing, longstanding clients with whom the firm has strong relationships. That makes it easier to stay up to date on matters and manage my workload.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

Tackling your workload and stress The key challenge for many early career lawyers is managing their workload and client demands. That’s been a real learning curve for me, in terms of maintaining boundaries and not taking on too much. You need to prioritise your time and set expectations for clients so that you’re not too busy or stressed when you don’t need to be.

Learning how to manage your workload and clients is crucial for early career lawyers. At first, everything seems complex in the law, but it gets easier the longer you are practising. It’s important to surround yourself with good people, whether they are mentors or members of your team. Talking to them can provide reassurance that you’re on the right track and that any problems are probably not as bad as you first thought.

Combatting stress Managing stress is another important issue. For me, having personal discipline around when I leave the office has been critical, as well as trying not to be accessible all the time via email or phone. Mental health is a huge issue in the legal profession, so make sure you have your own strategies in place to ease the pressure, whether that’s through exercise or establishing boundaries to manage work. Take these preventative steps really early in your career before you get into a bad place. Law is an exciting career, but there is no doubt that the first few years can be difficult. Once you push through that period and become more familiar with matters, it does get easier to manage work and life. You need to be resilient – and the hard times will pay off.

If you do not have sufficient support inside your firm, remember that external assistance is available through Law Society mentoring groups and early career lawyer organisations.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

If you’re a home body, then I’d rule out working for the United Nations! – WRITES AURORA KOSTEZKY, PRINCIPAL, TREMAYNE FAY RHEINBERGER.

One of the big factors determining how happy you are in the law will be your area of practice. For some, you’ll simply end up going into a particular area because a job comes up and you take it. I’ve got friends who have been family lawyers for 25 years purely because they got articles at a firm that does family law, and they’re very happy doing it. For early career lawyers, however, I would recommend thinking about what you like doing and what you don’t like doing. Consider your natural strengths. If you’re not big on paperwork and precise drafting of documents, maybe commercial law is not for you. If you’re good on your feet and can make quick arguments in front of a judge, perhaps litigation is best. Likewise, if you’re a home body, then I’d rule out working for the United Nations! Law is hard enough without fighting yourself. Be really pragmatic and talk to lawyers in your areas of interest and find out what the day-today work really entails.

A wealth of experience After studying law at The University of Melbourne, I was admitted in 1999 and have enjoyed an unusual mix of general commercial law while specialising in commercial leasing across private practice and in-house roles. One of the keys to my growth as a lawyer has been drawing on my experiences at different firms, including ranging from Hunt & Hunt and Minter Ellison in Victoria, and now Tremayne Fay Rheinberger in Tasmania. In-house roles at Just Group and the Melbourne Market Authority have rounded out my knowledge and exposure to different ways of working as a lawyer. I’ve never been afraid of change, and I believe a good stint in private practice equips you better for in-house roles, and working in-house makes you a better private practice lawyer.

Carefully weigh up your strengths and weaknesses before choosing an area of legal practice, and don’t be afraid to switch focus.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

An eye for detail

Do what works for you

I like the variety of commercial law. Although some junior lawyers see commercial work being made up of wills, estates, conveyancing and little else, my practice extends more broadly to general intellectual property advice, supply agreements, and purchases and sales of businesses right through to leases and services contracts.

I have few regrets in my career, but one of them is leaving Hunt & Hunt in the mid-2000s when I was working part-time from home with a really supportive boss who was very flexible and who organised paid maternity leave.

To succeed in this area, it’s critical that you know as much as you can about your client’s industry and its nuances and quirks. That’s how you come to understand their legal risks and priorities. If you do choose commercial law, expect to do a lot of desk work. I haven’t set foot in a court for more than 10 years (and even then that was for a friend’s admission). My type of commercial work is very much about looking at the words on the page and understanding what they mean. Early career lawyers should be prepared for a lot of that type of work.

I now realise that the arrangement was ahead of its time, but during that period I just saw all these high-achieving women around me working full time. I was pregnant with my second child and thought: “Oh, my God , my career is going down the toilet. I have to prove myself and go and work full time.” The lesson is that different roles suit different people at different times, and you don’t need to apologise for that.

The other component of commercial law that I really like is working with and talking to clients. As a lawyer, you may advise clients of their risks in a formal letter and let it end there because technically you have discharged your duty. However, if the client doesn’t understand why an issue is important, they are not likely to get a good legal result. So, yes, commercial law is about drafting documents and letters, but it’s also about communication.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Time as a duty lawyer provides early career lawyers with perhaps the best training and practical experience we can receive and is an experience no other employer can replicate. – WRITES SCOTT ASHBY, CO-PRESIDENT SOUTHERN YOUNG LAWYERS COMMITTEE, 2022.

It challenges novice lawyers by throwing them into the deep end… Tucked away at the far end of the first floor of the Magistrates Court in Hobart sits a small office that every day plays host to many tales of outrageous calamity and misfortune. Occasionally the tales are hilarious. Sometimes they are of great foolishness. Mostly they are just sad. You may know the office to which I refer. The only window is a glass wall perpetually closeted by aluminium venetian blinds. They are of the old dusty kind that, in addition to slivers of nervous faces and moving shadows, will occasionally let in some dappled morning light. Inside the office, the walls close in on you as soon as you enter. A harbinger of the day to come… strict focus and very little room to move. Between the three chairs, the large desk and the oversized printer, the furniture-to-office ratio is high. So too is that of clients-to-duty lawyers. Arriving at the court at 9:00 a.m. the many friendly faces of security are juxtaposed against the eerie quiet and sombre mood of the early arrivals. A calm before the storm? Unquestionably. The storms at the Courts of Petty Sessions always seem to blow in late. The walk down Liverpool Street is a sweaty one – it is hard to find shade, and when I am

on duty I have taken to carrying three water bottles in my bag for backup. Did you know that there is no drinking water available to duty lawyers? By some sorcery, the walk down the length of the public foyer towards the duty office is longer than the one down Liverpool Street. As I do it, all the people sitting anxiously awaiting their fate look up and stare. I try to smile reassuringly, but also try to get a read of the room. I am anxious too. Will any of you be my clients today? We received two-weeks of training from Peter Dixon. Mr Dixon is a fantastic teacher. I am grateful for his continued contributions to the development of early career lawyers in Tasmania. I know my duty lawyer colleagues and many others in the profession are too. We are lucky to have him supporting us. But nothing can properly prepare you for being duty lawyer. The day is chaotic, and it moves fast. Too fast? Not always, but sometimes Magistrate Webster has dealt with my client before we have even walked through the door. She came to the office not two minutes ago. I think she has a hearing impairment, and did she say something about a suspended sentence? I do not have her priors, but her name was just called over the intercom. She starts to panic. I try to reassure her. We have got this. I close my eyes momentarily and... we’re up.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

”

Thirsty work and chaos theory. Nothing can properly prepare you for being duty lawyer. The day is chaotic, and it moves fast. Writes Scott Ashby, Co-President Southern Young Lawyers Committee, 2022.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

…Don’t forget to breathe I have learnt not to panic, but I am worried about this suspended sentence. Should I tell her that? She seems worried enough. We walk into the court. I lead the way. His Honour says something I do not fully understand. Often, I do not need to say anything in reply. The prosecutor shoots me a smile – she does not seem bothered by the suspended sentence. Nor does Mr Webster. He says something else. I turn to the client and give her the thumbs up. All good. You are free to go. Sometimes all I can do is throw submissions up at the bench and hope they stick. Young man, driving, dumb... Some days it is the same thing repeated over again. Young man, driving, dumb… Do you even need to hear me say it, your Honour? Young man, driving, dumb... I am a young man, I am driving this plea, is what I am saying dumb?

Being a duty lawyer is thirsty work I am ready to do another plea. I tell my client to wait outside until his name is called. I silently slip into the court and take a seat at the back. Another man is alone on his feet, looking up towards the Chief Magistrate. He seems lost. She seems exasperated. I know what happens next. The Chief tells him he needs to go and see the duty lawyer. I stand up. Your Honour, I am here. Her Honour seems relieved. I approach the man and ask him to please come with me. He still does not quite know what is going on. Do not worry mate, neither do I. I have encountered a water shortage before – at the UTAS Law Faculty Library where there was no place but the bathroom sinks to fill up a bottle. Those bathrooms reeked and there was always soap on the faucet. What is with the legal fraternity not watering early career lawyers? We are all thirsty. It would certainly make it easier to speak in court, and I’m sure the Magistrates would prefer not to listen to the raspy voices of dehydrated duty lawyers. My other client is still sitting outside, he sees me walk out of court. Like many before him, he seems like a nice enough guy who has been doing some stupid things. He moves to get up, thinking it must finally be his turn. Not yet I am afraid mate, I need to spend some time with

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

A day in the life of...

this other bloke. I will be back as soon as I can. We will get it done then. Thanks for being patient. It is going to take a while.

Some clients are ungrateful and uncooperative and rude, but a lot of clients are easy and forthcoming and appreciative. Some clients are ungrateful and uncooperative and rude, but a lot of clients are easy and forthcoming and appreciative. Social distancing protocols appear to be in place at the court, but I still cannot refuse an earnest handshake from a kind and forlorn stranger who is truly thankful to me for helping them out of a jam.

The Duty Lawyer Program This program run at the Magistrates Court in Hobart in conjunction with Hobart Community Legal Service and the Tasmanian Legal Practice Course is an enormous asset to the Tasmanian legal profession. It is an essential service for some of our community’s most vulnerable people. It provides early career lawyers with perhaps the best training and practical experience we can receive and is an experience no other employer can replicate. It challenges novice lawyers by throwing them into the deep end of the Magistrates Court to fend for our clients with very few resources and no prior knowledge about what is going to happen on any given day. It teaches early career lawyers to distill issues quickly, think on their feet and advocate with confidence. And it provides help to people who often have nowhere else to turn.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Life as a lawyer – 9 work elements to put on your radar 1. Delegation of work The effective delegation of work is one of the key measures of success for a law firm. As a new lawyer starting at the bottom of the feeearner food chain, your charge-out rate will be relatively low. You will often be given tasks to carry out. As with everything, communication is the key: it is very important that you know what is expected of you and that the delegator understands your level of experience and knowledge while taking the time to clearly explain the tasks and expectations. Each lawyer has an individual method of delegation and each delegated task has particular characteristics and requirements. You can help everyone achieve the best result possible by immediately examining a file and ensuring you know the purpose and basis of the delegation. The following actions will also help: •

Seek a clear identification and explanation of the problems or particular questions, both legal and factual, that you have to consider – by way of written instructions if possible.

•

Clarify that you have all the relevant facts, including any important background materials, that are required to complete the work.

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Check the purpose for such research or work.

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Be aware of any time limits for completion of the work and be clear whether the timeframe you have been given is for internal delivery, or when the work needs to be with the client.

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Ask if the work is to be prioritised before or after other work delegated to you.

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Obtain an indication of the time and effort that should be expended by you given the context of the fees to be charged to the client.

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Identify the terms of your responsibility and the nature or form of the work sought (e.g. a research memorandum or draft advice).

If you do not understand any aspect of the instructions or requirements, do not be afraid to seek clarification from the delegator. A clear understanding of the task is essential to ensure you complete what is required. Frequently, you may find that the lawyer delegating work has not passed on all the relevant and related background information. If you are concerned that you do not have enough information to complete the work requested ask for a time to discuss the file/ client with the delegating lawyer. •

If your request is not met, arrange an appropriate time through their secretary.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

•

If time is not then made available, it may be necessary to make a file note recording your request for assistance and the lack of response to your request. A degree of subtlety is obviously required. Keeping a file on such incidents is useful if the lack of assistance continues and you need to request a meeting with your supervising partner or the firm’s practice manager.

2. Beginning a new file Your work will usually consist of a variety of instructions, either from the more senior lawyers in your firm, or from the client directly. It is important that you know where to start when you have little experience regarding the instructions requested. Your work process will often depend on the size and structure of your firm and how your firm supervises work. Following are some general guidelines to help you get started. Step 1 – Depending on the task, consider asking the lawyer who is delegating the work if there are similar files you can view. Step 2 – Discuss the request with lawyers in your firm who specialise in that area of law. Step 3 – Use precedents and resources (library, database and internet) for guidance and explanations. Step 4 – Request feedback from the delegating lawyer when you have completed initial work on the file.

Step 5 – Request a copy of the completed advice from the lawyer – valuable information can be learnt from reviewing amended work, including preferences regarding the style of writing and presentation. Step 6 – Develop your own set of documents/ precedents to enable you to prepare simple documents efficiently. If you find yourself at a complete dead end, friends outside the firm who work in the area may be able to point you in the right direction. However, be cautious about discussing matters outside the firm as you must ensure this does not breach client confidentiality or privilege, and there may be a potential conflict of interest if they are involved in the file. Remember, too, that if you seek advice from friends, they do not have all the information that you have, such as the background file information and access to relevant documents. As a new lawyer it is important to apply your research skills and understand the issues to back up your reasoning. This will be accomplished only through a solid understanding of an issue following extensive research. Asking your friends may be a starting point, but it is unlikely to help you learn or develop your legal researching skills. Seek advice from friends purely as a guide, or to discuss issues you have, while remembering your obligations of confidentiality.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

the file is complete, all documents and emails are readily accessible and that any paper documents which can be stored electronically are scanned and held as part of the file. Adhere to the firm’s practices for version control.

3. File management Every firm will have a preferred file management system. This ensures all relevant work is on hand when required. Increasingly, files are created and stored electronically, so make sure you understand your firm’s policy on file creation. To effectively manage paper files: •

Understand the firm’s file management systems and requirements (both in relation to electronic and hard copy documents).

•

Keep hard copy documents tidy and in one place.

•

Remove documents from files only when necessary and, if this occurs, mark the file as a reminder that the information is missing.

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Alternatively, photocopy the document being used so the file retains all material.

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Ensure correspondence is kept up to date by filing or printing emails, keeping correspondence and making file notes of telephone conversations and discussions with a supervising partner or other fee authors about the file (then if a problem arises later on you can look back and show you have kept a detailed history of what has happened on the file).

•

If removing files from a colleague’s office, ensure that you obtain their permission to do so, and return them later.

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If files are electronic, always ensure the file’s integrity is retained; that is, that

4. Problem files If a problem arises, face it immediately: •

Raise the issue with your supervising partner or senior lawyer (depending on its nature and seriousness, the firm may be required to notify its insurer).

•

Clarifying instructions may sometimes help to resolve the problem.

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Do not be afraid to acknowledge your inability or lack of experience in difficult matters to your supervisor and seek guidance where appropriate.

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Keep the client informed as to what you are doing, remembering that many issues require a client’s decision, not yours.

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Difficult clients need special management – ongoing problems should be referred back to a partner or principal without delay.

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Disclose unattended files promptly to your employer and ensure that the problems are resolved quickly. It may require urgent action.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

6. Support staff When you start practising law, you may be assigned support staff such as a secretary and a legal executive. In most cases, you will share their services with one or more members of your firm.

5. Feedback and performance reviews Feedback on work tasks – and responding to such advice – is vital to your ongoing development as a lawyer. If you are not automatically given feedback on completed work, you should actively seek it if possible. Try not to be too thin-skinned, either. Keep an open mind when receiving feedback and remember that any criticism or suggestions are usually intended to be constructive. Many law firms also have in place more formal performance review processes. They may be held annually, or at shorter intervals. The general purpose of such reviews is to facilitate a discussion (with your supervising partner) about your current level of performance and recent contributions to the firm and its clients, as well as your wider career development, interests and objectives. Areas of potential improvement (both in work and with working relationships) are also typically identified.

Relationships between new lawyers and experienced support staff can sometimes be difficult and you will have to learn to deal courteously and clearly with any issues that arise. It is important to respect the experience of support staff. They will probably know a lot more than you about the firm’s office procedures and can be an invaluable source of help as you learn your way around the business. When delegating tasks to support staff, clear communication is essential to ensure your own expectations are met in relation to the task, and that it is completed on time. Express yourself clearly and courteously if you have any concerns about the time taken to complete your work. If you are having continual problems getting your work completed, speak to your supervising partner, a director, your firm’s general manager or the support staff coordinator.

Express yourself clearly and courteously if you have any concerns about the time taken to complete your work.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

7. Time-recording (the billable hour) Lawyers generally charge based on the time they spend on a matter or file. When working in a law firm that uses time-recording, it is important to come to grips as quickly as possible with the system. In most firms, time-recording is an essential part of the day-to-day running of the business. Time aside, additional factors that may be considered when determining the appropriateness of a fee for a completed job include skill, urgency and complexity. Time is typically recorded in six-minute units. Most firms have electronic time-recording systems, so in the first few days of starting work with a firm it is important to get up to speed with how the billing system works.

A hot tip – get into the habit of recording all your time as you go. Many lawyers fall into the trap of not routinely recording their time and as a consequence they may inadvertently overcharge or undercharge a client when they attempt to record their time retrospectively. You will save yourself a lot of time and potentially negative comments from your supervising partner or director if you get into the habit of regular and accurate time-recording.

Record the time when the work is done, not at the end of the day as these estimates are usually inaccurate. Concentrate on one matter at a time; don’t try to work across several matters at once as this often leads to distractions, inefficient work practices and inaccurate time-recording. Even if you think you have spent too long on a matter, or that the cost to the client based on your time is too great, record your time accurately. It is the partners’ and directors’ role to determine the final fee in most firms, including making judgments as to the appropriate cost for the client. Thorough time-recording also helps a firm establish fee estimates for similar future matters, enabling the leadership team to review the actual cost of your time on a matter and any time that is written off. Accurate records are useful, too, if a client questions an invoice that is higher than expected. Time that you record may be chargeable, or non-chargeable. Chargeable time refers to the time spent working for a client; it is then recorded against that client for later billing. Non-chargeable time refers to time spent which cannot be charged to a client; for example, a team meeting, training or office administrative work. Many firms require all chargeable and non-chargeable time to be recorded because it helps inform management and partners about the productivity of staff. You may be given a daily target for chargeable time.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

If you have any doubts about your firm’s timerecording protocols, discuss them with your supervising partner or a director.

8. Budgets It is common for lawyers to have an hourly charge-out rate. This is usually significantly lower than the charge-out rates of more experienced lawyers and partners or directors and reflects the fact that it may take you longer to complete a task. You will probably be given a budget, which sets the value of fees you are expected to generate each year. Remember that it is not chargeable time but billed time that counts. In some cases, fees that cannot be recovered (because a client will not or cannot pay) may not be credited to your budget. Within many firms, your budget performance will form at least part of the basis of assessing your overall performance. Often it will be the most important factor.

9. Client relationships Your ability to develop effective relationships with clients will be a critical part of your legal career, whether you are working in a law firm or as an in-house lawyer. While most of the information in this section is directly relevant to those working in a law firm, the principles are still true for anyone providing legal services in the public sector or a corporate setting.

Within many firms, your budget performance will form at least part of the basis of assessing your overall performance. Often it will be the most important factor.

Remember that not all your chargeable time will necessarily be time that can be billed to the client as fees. The total time spent on a file may be more than can be legitimately charged to a client. If that is so, some of your time may be written off. This is normal when you are starting out. While most firms make allowance for a learning curve in the first year, it is important to form the habit of good time-recording right from the start. THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

Office administration Dotting the i’s and crossing the t’s Writing a letter You may think letter writing in the law is easy and that you know how to do it; you are likely to be wrong. Good letter writing is an art form and one which you should actively try to develop. The key is to focus on clarity and meaning while maintaining brevity and conciseness. There are many different approaches to writing letters and each firm (indeed, each practitioner) will have different preferences. You may find your firm, or you personally, like a different style. This is only one suggested approach. When writing letters to clients, remember that all communication is from the firm and not you personally, so you should use first-person collective nouns such as ‘We’ and ‘Your’, as well as phrases such as ‘We refer to your conversation of …”.

Breaking down the components of a legal letter Address: Is it to a person, or a business? Salutation: Know your client’s preference and get it right! Topic: If the letter is one in a line of correspondence in relation to one issue (for example, the sale of a house, a piece of litigation, the lease of a property etc.) then

you should maintain the same topic throughout the line of correspondence. First paragraph: This should be very short. Body: Like drafting pleadings, you should know exactly what you want to say before you put pen to paper or start typing. Each sentence should be clear and have purpose; nothing more and nothing less. Conclusion: The final paragraph of the letter should refer to the next stage in the proceedings. If you require further contact from the addressee, request it. If you are setting a deadline, say when it expires.

File notes A record should be kept of all discussions, conversations, actions and steps taken in relation to a file. It is imperative that you make accurate and detailed file notes of everything you do and everything you say to everyone in relation to the file, even if you consider it to be unimportant at the time. A file note should detail what you did, who you did it with, how long you spent doing it, and when you did it. For example, if you phoned a client to update them on matters, you should note the date, the time the call started, the time the call ended, who the call was to, what you said and what the other person said to you. This is done to protect you if anything goes wrong down the line; to make it easy for anyone who works on the file in your absence to understand what has occurred;

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

It is straightforward if you remember to state everything you want typed. You are creating a spoken-word picture of how you would like the document to be produced, so you have to give full details and descriptions, otherwise it will fall short of what you want.

Dotting i’s and crossing t’s

and to ensure accurate billing of the file. The file note should also be signed or initialled by you. This is for two reasons: 1. If any questions arise, they can be addressed to the appropriate person; 2. The time can be charged out at the correct rate and accredited to the correct person (if relevant in your area of practice and your firm). When receiving instructions from a client, your file note should contain everything they tell you and should be as detailed as possible. If there are contentious or important points, after you have written them down make sure you read them back to the client for confirmation and clarification. This ensures there are no mistakes and that you have correctly recorded your instructions. Once again, it protects you if anything goes wrong later, and it also serves to make it clear what your instructions are and the next steps.

Dictation When you first start in practice, one of the weirdest things you will have to get used to is dictation. Every single letter, memo, file note, court document, lease, contract – pretty much every single piece of work you create – should be dictated. So you must learn how to dictate properly.

a comma, say “comma”. When you conclude a paragraph, say “full stop, new paragraph”. If you are dictating a bullet point list and want it indented, say “colon, drop a line, indent, bullet point, blah blah, semi-colon, new bullet point, blah blah, semi-colon, new bullet point, blah, blah, full stop, new paragraph, original indentation”. Start any dictation by stating which file it is on. Second, state what sort of document it is. If it is a lease, state that it is a lease; if it is a court form, state the applicable court, the form number and the description. If you have a precedent on the particular document you are doing, state the title of the precedent and where it is located in your computer system (if necessary). It is straightforward if you remember to state everything you want typed. You are creating a spoken-word picture of how you would like the document to be produced, so you have to give full details and descriptions, otherwise it will fall short of what you want. If you have problems or questions with dictation, the best person to talk to is a secretary and, more importantly, the secretary who does your typing. They have to deal with your dictation, so they can tell you how to do it correctly.

When dictating, you must dictate everything – every word, every punctuation mark and every piece of formatting. Everything! When a sentence ends, say “full stop”. If you want THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Why you must do your homework on legal research Given that legal research is at the heart of almost all work in the law, it is incumbent on early career lawyers to understand all options and efficiencies available to them. – WRITES DEB BOWRING, MANAGER, TASMANIAN LAW LIBRARY. As an early career lawyer, you will be required to undertake research covering many legal topics. It is important to provide accurate and timely answers to any legal problem with which you are presented. As a recent graduate, you have developed legal research skills to assist you with your studies, but there are also many sources available to you in practice that you may not appreciate. The following information is designed to provide an overview to assist you with navigating some of the relevant sources of information.

Your research should be targeted, comprehensive, solution oriented and time and cost-sensitive. At the outset, it must be understood that legal research provides the grounding for almost all legal work. The quality of legal research can, after all, directly affect the outcome of your client’s legal problem. When starting work in a law practice, you will likely be allocated an annual billable hours goal, making the importance of efficiency paramount. ‘Efficiency’ can be characterised in terms of producing the best possible result in the least possible time, 72

and you should recall that lawyers are ethically obliged to be as efficient as possible, especially when it comes to legal research. Efficiency in legal research is maximised through knowledge of research techniques and practice. Your research should be targeted, comprehensive, solution oriented and time and cost-sensitive.

Research plan Before starting any research, it is important to take time to briefly outline your research plan. Write down the facts as you understand them, identify the issues, note the areas of law (if known), and then jot down any time constraints or other relevant factors. It is important to understand the scope of what you are being asked to do and discern any key knowledge gaps you may have. To assist you with your plan, identify the applicable jurisdiction, and then consider what primary and secondary sources you may need to access in order to complete your research.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

1. Jurisdiction

2. Primary Sources

3. Secondary Sources

•

Federal law

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Cases

•

Legal encyclopaedias

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State law

•

Legislation

•

Textbooks

•

Local law

- Statutes

•

Loose-leaf services

•

Other (foreign/ international)

- Regulations

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Law journals

- Rules

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Precedents

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Dictionaries

•

Gazettes

•

Hansard

•

Law Reform Commission Reports

- Proclamations/ notices/orders

- Standards

As you move through these preliminary stages of your plan, it is good practice to keep a legal research log; that is, a record of where you have looked and what you have searched. This allows you to keep track of what sources you have used, record how you formulated your search query, and what outcome you achieved. THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Secondary sources of information Secondary sources can be a great starting place if you are unfamiliar with a subject. Secondary sources are those that analyse, interpret and discuss the law. Background reading will assist you in confirming the appropriate jurisdiction for your problem and identify the types of authorities you will need to consider. A legal encyclopaedia is an excellent starting point, as it provides a general overview of current law on a variety of subjects and will point you to the relevant case law and statutory provisions. The two major legal encyclopaedias in Australia are Halsbury’s Laws of Australia [LexisNexis] and Laws of Australia [Thomson Reuters]. While a legal encyclopaedia will provide you with a general overview on a topic, a good textbook will ordinarily provide you with more detailed coverage and commentary. Many works in the legal field are published in looseleaf format, which enables rapid updating of content. Loose-leaf services often provide more in-depth treatment of a subject and may furnish historical information. A looseleaf service (either print or electronic) can include the text of relevant legislation, case annotations and commentary. If using a print version, it is important to check the currency to ensure the subscription is current and/or the updates have been filed. 74

Secondary sources will also help you identify any terminology that is specific to an area of law. These terms will assist in refining your search queries. You are no doubt familiar with legal dictionaries such as the Australian Legal Dictionary, but there are also various dictionaries of legal words and phrases that you can view to assist you in defining particular legal terms. A legal dictionary may be generic or subject specific. Do not rely solely on a Google search to provide you with a relevant definition that is applicable to your jurisdiction. Each state and territory has its own law reform commission or agency. These bodies produce discussion papers and reports containing a comprehensive analysis of a particular area of law (commonly including comparative perspectives). You may also wish to widen the scope of your research to include reports and other ‘grey literature’ in legal research, such as government reports, policy statements, and reports published by organisations, industry bodies, non-government organisations or special interest groups. When analysing legislative provisions, it may be apt to refer to parliamentary reports and/ or Hansard. Explanatory memoranda, clause notes, second reading speeches, or the complete text of parliamentary discussion, may assist with interpreting the intention of Parliament in the face of a ‘grey’ area requiring more in-depth investigation.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

During your first year in practice, you will no doubt be asked to draft documents. To assist in this regard, you should consider the following questions: 1. Does your firm manage a precedents database? 2. Can you adapt an existing precedent? 3. Do you have access to any precedents from a commercial publisher?

Both LexisNexis and Thomson Reuters publish a suite of forms and precedents covering all Australian jurisdictions. Introductory notes are often provided to explain the purpose of individual forms. Court forms are usually prescribed by statute or by rules of court, and so may be found by searching the relevant legislation databases. Numerous textbooks and loose-leaf services contain court forms and practice notes for Commonwealth and state jurisdictions. As these services may provide additional information and case annotations to assist you through the process, they might prove to be an excellent starting point. While secondary sources will identify governing statutes, regulations and key case law, to answer your legal query you will need to locate and consider the relevant primary authorities.

Primary sources of information There are two main ways of accessing primary legal materials: •

Using finding tools (digests and citators).

•

Browsing and searching full text legislation or case law databases.

Digest A ‘digest’ consists of points of law abstracted from cases and arranged by topic. It allows you to find cases which address similar topics or points of law across jurisdictions within Australia. When you structure your search in a digest, it is important to remember you are searching abstracts and key subject areas, not full text; your search terminology should therefore be broad rather than specific. If you retrieve too many results, you can always narrow down these results by adding additional key terms.

Citator A ‘citator’ is a tool used to determine the status of a case. It is critical to understand whether a case remains good law. You should always check the history of a case and ascertain how subsequent courts have treated the case over time. A citator will provide a list of cases that have cited your source and, through various annotations or symbols, indicate whether it was followed, distinguished, discussed

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

or overruled etc. Understanding the treatment of a case by subsequent courts is essential to determining how viable a case may be as an authority.

subscription to the relevant database, as a financial member of the Tasmanian Law Library, you can either request a copy, or visit the library in person to conduct research.

Cases

Legislation

The primary resources used in Australia are CaseBase [LexisNexis] and FirstPoint [Thomson Reuters]. Both of these resources will also enable you to search for cases on a specific legislative provision, and often provide you with journal citations if a case was discussed and/or analysed in a particular journal.

To find legislation, you can either go directly to the authorised database for the jurisdiction you are searching, or access via AustLII or a subscription database such as LawOne or Lawlex (some content on Lawlex is freely available, however). The advantages of accessing directly from the authorised database is that your legislation will be up to date. AustLII may not contain the latest updates, so you should always check the update status before relying on a legislative provision. It is important to note that you may need to refer to historical legislation; depending on the jurisdiction, it may not be available online. For instance, the Tasmanian Legislation database commenced in 1997 and contained statutes that were in force as at February 1 that year. Statutes or provisions that had been repealed prior to that date must be searched for manually using the printed sessional volumes or reprints.

TWO SPECIFIC TASMANIAN RESOURCES YOU SHOULD BE AWARE OF ARE: 1. Lillas Digest, which covers reported and unreported decisions of the Supreme Court of Tasmania from 1897-2011 (Vol 1 & 2). 2. Bartlett’s Digest, which covers List B decisions from the Supreme Court of Tasmania from 1973–1993. Searching for case law by citation or by topic requires you to consider whether you are looking for an unreported or reported version. If reported, do you require an authorised version for court, or would an unauthorised law report suffice for your reading? Reported and authorised versions of law reports are not usually available on free databases; a subscription to the particular series is required. There are always some exceptions to the rule, though. If your firm does not have a 76

Annotated legislation can be useful to view, as it will provide you with citations to case law and commentary, but it is important to check the currency of any provision before providing any advice.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Dotting i’s and crossing t’s

”

The advantages of accessing directly from the authorised database is that your legislation will be up to date.

Assistance The Tasmanian Law Library manages access to an extensive collection of legal research resources, both in print and digital format. Staff are available to assist financial members with a range of information services. The library can provide the following: •

Assistance with identifying and locating primary and secondary legal resources.

•

Training on the use of legal databases using advanced searching techniques.

•

General assistance with legal research queries.

•

A range of current awareness services to ensure you are kept up to date with the latest developments.

•

Access to a range of digital e-resources.

•

A virtual reference service five days per week between 9am and 5pm (Monday to Friday).

VISIT THE WEBSITE FOR ADDITIONAL INFORMATION AND LINKS TO A SELECTION OF LEGAL RESOURCES https://www.lawlibrary.tas.gov.au/

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Engaging a client – the checklist The relationship between a lawyer and their client is created by a contract known as a retainer. A retainer can be a separate document to, or may include, a costs agreement. Before starting work under a retainer with a client, you must provide them with certain information in writing.

This information must include: •

The basis on which fees will be charged, when payment is to be made, and whether the fee may be deducted from any funds held on the client’s behalf in the practice’s trust account.

•

The practice’s professional indemnity insurance arrangements, or, if the firm has no such insurance, disclosure of this fact.

•

The practice’s procedures for handling client complaints, and information on the Legal Profession Board of Tasmania.

•

The name and status of the person(s) with the general carriage of, or overall responsibility for, the services to the client.

•

Any limitations on the extent of the practice’s obligations or liability to the client.

Get it right in the beginning It is important to get clear instructions from your clients. Always confirm the nature and extent of the instructions in writing. Some firms have a policy of sending out engagement letters to clients when new instructions are received and advising clients of their charges at the same time (the retainer and costs agreement). In some situations, it may be necessary to have the client sign a duplicate copy of the letter as confirmation of their instructions. Clear instructions not only provide protection for you in cases of conflict with your clients, but they can also assist your clients to see course of their legal action more clearly and to understand the process involved.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

On the money

The checklist of information to collect in an initial client interview 1. Get the basics down During an initial interview with a client, regardless of the matter, you should first detail their full name, their residential and postal addresses, their home phone and mobile numbers and email address. Second, you should discern the general character of the matter. This may be available from the client’s initial contact with the firm. The client may have a particular course of action in mind (e.g., an application for a restraint order, a defence to a criminal matter, instituting proceedings for recovery of unpaid monies etc.). If this is the case, you can form a framework in your mind about what sort of information and details you require, especially if you have the general information prior to the initial interview. If it is a civil matter, you should elicit from your client as much detail as you can about the other party: their full name, ABN/ACN (if a corporation), address, phone number(s) and, importantly, whether or not there is a legal practitioner representing the other party and their identity. If an opposing party is represented by a legal practitioner, all communication should be through their practitioner. It is inappropriate to contact that party directly.

2. Understand the matter Once you have acquired this introductory information you can move on to the details of the matter. Ask the client why they have come to see you and take it from there. Make comprehensive notes of everything they tell you. You should question the client about any particular details of which you are unclear. It i s a good idea to let the client tell you as much as possible about the matter and then, once you have a broad grasp and an understanding of a potential course of action, go back through your notes and further question the client on matters of importance and any relevant details. This approach will help to ensure that your instructions are detailed, relevant and adequate. Dates, times, names, incidents and details are imperative no matter what type of matter you are dealing with, so make sure you note them accurately. This will also inform the retainer and costs agreement.

It is important to get clear instructions from your clients. Always confirm the nature and extent of the instructions in writing.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

3. Determine costs The next thing to consider is the disclosure of the retainer and costs agreement. The Legal Profession Act 2007 requires a legal practitioner to provide to a client a written approximation of potential legal costs if it is believed that they will exceed a certain amount. Such notices are estimates only, not quotes or guarantees of price. If it is apparent at the start of initial instructions that the costs will exceed this amount, inform the client. If, on further consideration after reception of the initial instructions, you believe the matter will exceed the prescribed amount, send a letter outlining that the matter is likely to exceed the prescribed amount and to include an approximation of the projected range of costs the client could be liable for. See below for more about retainers, costing and costs agreements. VIEW THE LEGAL PROFESSION ACT 2007 ONLINE HERE: https://www.legislation.tas.gov.au/ view/html/inforce/current/act-2007024

4. Set fees All law firms have guidelines on the fees they charge and how they are to be calculated. It is very important to ensure that your client has the correct expectations regarding fees right from the beginning. The fees you charge can turn a satisfied client into a disgruntled one very quickly, no matter how good a job you have done for them. If there is any doubt about the level of fees, or if the client disagrees with the fees expected, make sure you discuss the matter with your supervising partner before committing yourself (and your firm) to a particular fee with the client. Some firms may prefer that clients pay fees in advance. Find out your firm’s policy about this and, when seeing a new client, consider whether you should be asking for fees in advance.

If there is any doubt about the level of fees, or if the client disagrees with the fees expected, make sure you discuss the matter with your supervising partner before committing yourself (and your firm) to a particular fee with the client.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

On the money

6. Follow confidentiality obligations

5. Test for conflicts of interest A firm often cannot act in a matter where the other party is or has been a client of the firm. This can often be a problem in big firms, or in firms in small towns. Do not accept instructions from a client until you have checked that your firm has no conflict (e.g., by consulting a client list to ensure the other party is not listed or performing a conflict check). Be aware that this is an ongoing duty and that conflicts of interest may arise at any time during the course of a transaction or other matter. If there is any possibility of a conflict of interest, work out who you are acting for and resolve any potential conflicts of interest as soon as possible. Ensure you comply with rules and any risk-management policy your firm has in place. Seek advice from your supervising partner/ director or a senior practitioner if necessary. Before dealing with a third party on behalf of your client, always obtain your client’s agreement. This is the case even if the third party is associated with your client.

Check with your client as to how they want to receive information from you (e.g., by email, by phone, by letter) so there is no doubt. Do not assume that couples in a relationship will automatically want their partner to know the details of any matter that they have instructed you on. Do not send confidential information through faxes or even email if there is a possibility that someone else will read them. This is especially true if you are sending messages to your client’s place of work.

7. Manage client expectations With litigation matters, stress the difficulty in giving exact timeframes and the variables of complexity, practitioners involved, appropriate jurisdiction, workload of the courts, whether the matter proceeds to trial, availability of witnesses etc. A lot of clients will have a misconception that once they sue somebody the matter will be concluded within a relatively short period and through a defined and concrete course. It is your role as their legal practitioner to make them aware of the time periods involved and the potential variables.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

The last thing you need is to be involved in a complex and often unpleasant dispute with your client over the costs you have charged.

On the money

Costs and costing Spending time on getting the costs agreement right with clients at the start of a matter can prevent an unedifying dispute over fees when the work is completed. – WRITES PENELOPE F. ROBERTSON, PRINCIPAL, ETHICAL COSTING & LEGAL SERVICES.

5 points to note before you get started 1. Part 3.3 of the Legal Profession Act 2007 is the legislation that governs costs. 2. Costs are the remuneration by the client for the performance of agreed work by the practitioner. 3. You should note the definition section (ss283 and 284) relating to third-party payers – these are people who are not the client but those who have a relationship with the client to pay the client’s legal costs. 4. If you are dealing with a third-party payer, you must decide whether they are associated, or non-associated (see s284) as different requirements must be complied with. You should also note your obligations in respect of engaging Counsel. 5. Know how to open your file correctly to allow costs to be seamlessly claimed at the end.

When you start a matter, you must first identify who is your client as this is important in respect of obtaining valid instructions and the properly directed costs agreement. If the client is a company… Questions to ask: •

Is it still operational, or in liquidation?

•

Who in the company is authorised to give instructions?

•

What is their position in the company?

•

What is the extent of instructions they can give?

If the client is a person… Questions to ask: •

Do they speak English, or need interpretation facilities to allow understanding and give valid instructions?

•

Do they have the capacity to understand what is the work in which they are engaging you?

•

Have you explained all the pros and cons of what they want done?

•

Have you explained any more efficient and potentially less expensive or risky way to achieve their goals?

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

when accepting work from a client CONSIDER THREE THINGS:

Disclosure (s291 and following the Act) 1

Disclosure must be given in writing as soon as possible and is a legal requirement under the Act. You need to follow the requirements set out carefully as any breach can cause disclosure to be invalid and any costs agreement to be void and the costs then need to be assessed and your client is not required to pay while this process is ongoing. Disclosure must also include an estimate of the total legal costs (this includes professional charges and disbursements). It should also include an explanation of any variables that may affect the estimate figure. You should note that, as you are running your matter, you need to keep a close eye on your costs to make sure that they are not going to overrun the original estimate. If this is the case, you will need to make ongoing (updated) disclosure regarding the costs increase (s299), giving a new figure and explaining clearly why the costs have increased. Disclosure must also be given before you formally engage another law practice or practitioner (i.e., Counsel). It is your obligation to obtain disclosure from Counsel regarding their fees and to obtain approval of this from the client prior to formally engaging Counsel. Having done this you need to consider the retainer and

costs agreement, which can be in the one document. 2

The retainer

The retainer sets out a precise description of the work to be undertaken by you on behalf of your clients. The Legal Profession Board of Tasmania provides more detail on retainers below. 3

Costs agreement

The costs agreement sets out precisely how the costs will be calculated that will be charged for the work described in the retainer. It is important that both parties agree on the work to be undertaken (retainer) and understand how the costs regime chosen will be applied. The Legal Profession Board of Tasmania provides a handy list of tips below. If you charge by time, you must clearly explain how the 6-minute units will be applied to the file – for example, a 7-minute conversation will be charged as two 6-minute units – not as 7 minutes. If you use scale, again it is important that the client understands things such as ‘review and consideration’ and loadings for ‘care and skill’. These are often the items that cause the most problems with clients as they are discretionary items.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

On the money

Section 306 sets out that the costs agreement must be in writing and contain the statement that it is an offer to enter into a costs agreement and may be accepted by signing and returning the agreement or by conduct. The agreement must clearly state what behaviour will constitute acceptance – one example would be for the client to continue to give instructions after the receipt of the costs agreement. If the client is in the office when the costs agreement is given to them, there can be no argument at the end that they have received it. If the agreement is posted to them, send it by registered mail. If you email the agreement to them, make sure you put a ‘read receipt’ request on the email so you can be sure that at least someone at the email address has received and opened it. Note: The above does not apply to conditional costs agreements, which cannot be accepted by behaviour but which must be signed. Once all this is done, you may set about running your file. It is good practice that each time you do some work on your file to check the running total of costs charged against the original estimate of costs and update it if it is getting close to the estimate. Remember (as previously mentioned) to include new estimates of professional charges and disbursements along with reasons for the increase.

One of the safest ways to avoid a cost dispute at the end of the matter is to bill regularly throughout the matter. This alerts you to slow payers and no payers. If they are slow payers, you will need to speak with them and see if you can speed up their payment. If they are no payers, talk to them about why they are not paying and explain that you cannot continue to work for them if they do not pay.

Complaints If they have a complaint, do not put your head in the sand. Talk to the client about their complaint and how it can be solved. The quickest way for a client to report you is if you dig in your heels and do not negotiate to address their issues. For more information about the complaints process, see page 94. Remember, sometimes you may just get a difficult client whose issues cannot be solved no matter what you do. Learn from this experience. Finally, when your matter has ended and you are sending the final bill, make sure you are familiar with the requirements of Division 6 of the Act (ss313-317). Note the means of delivering the bill to the client and do not deliver it by email unless the client has directly requested this method. Make sure you include the correct notification of rights (s315) with your bill and especially the time limits for clients to take any action in respect of a potential costs dispute. Bills can either be lump sum (a general description

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

of what has been done with a final figure) or in detailed form (setting out each item of work independently and applying a cost figure to it). Both forms can be assessed. If you have sent a lump sum and the client requests a detailed bill, you have 21 days to comply. If you are not able to do so, you should advise the client that the bill is being prepared but will take a bit longer.

When you have drawn the bill, you must consider the following: 1. Is the bill fair? 2. Does the amount you have billed adequately reflect the work done? Be very careful with time cost bills as there can be a tendency to overcharge. 3. Is there anything claimed in the bill that was done, but which really should not be charged to the client; for example:

•

Many inter-office conferences to discuss the matter.

•

Conversations with Counsel for which Counsel has not charged.

•

Research on matters that a practitioner would be deemed to know.

•

No charges are made for preparing or checking the costs agreement and/or disclosure.

•

No charges are made for left messages on phone calls unless it can be said to ‘move the matter along’. Simply requesting a call back is not sufficient. A chargeable example would be: “Please ring back urgently as we have been served interrogatories and have a strict time limit to prepare the answers.”

Do not put at the bottom of the bill a claim for sundry expenses – all disbursements must be specified, and postage cannot be claimed if local, only if it is registered, priority, interstate or overseas. Why process is important Your practice and work can be difficult and time-consuming. You are under pressure to get the work correct and obtain an outcome in line with your client’s wishes. When the matter has finished, the last thing you need is to be involved in a complex and often unpleasant dispute with your client over the costs you have charged. The dispute could take the form of an assessment or taxation requiring summons, objections, the tagging of files and court appearances. The procedures are clearly described in ss320-325. You must be fully aware of s326(4), where failure to engage in the assessment procedure may see you being found to have engaged in unsatisfactory professional conduct or professional misconduct and referred (s332). S327 of the Act sets out what the assessor

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

On the money

must consider. This can include elements such as whether it was reasonable to carry out the work for which the costs relate.

When the matter has finished, the last thing you need is to be involved in a complex and often unpleasant dispute with your client over the costs you have charged.

The potential pitfalls •

Too many internal conferences.

•

Too much reliance on Counsel.

•

Too much unnecessary research.

•

Too much revision of drafted documents.

•

Too many unnecessary letters to the client (remembering in this respect that it can be difficult to balance a difficult client).

•

Whether or not the Act has been complied with (i.e. disclosure, costs agreements, detailed bill when requested, attempts to settle any costs dispute).

Items that can lead to a higher loading being applied •

Advertisements about any specialties of the practice.

•

Time limits on the work, leading to it being performed in a pressure situation.

•

The quality of the work done.

•

The nature of the matter can lead to a high loading for care and skill if you are charging by scale; for example, if it is a complex or difficult matter, or a novel nature such as a test case.

The most important thing to remember is to keep communication open with your client. Talk to, or email, them regularly with updates so they are kept in the loop. This will lead to a more contented client and less prospect of a dispute at the conclusion of the matter. Finally, remember – if you do the work and get the result, you are entitled to your costs, but you need to have made sure that all is correct at the beginning. If not, by the time the matter is completed, and if the client complains, there will be an unnecessary and unedifying costs dispute.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

The retainer The following summary is provided by the Legal Profession Board of Tasmania (LPBT). It is important that the retainer clearly sets out who your client is, as your duties are to your client. Ask yourself: who is your client? Is it a company or one or all director(s)? A Trust or the trustee(s)? The beneficiary or the executor(s)? The identity of your client is important for the following reasons: •

It is your client who will provide the instructions and it is important to identify which party has authority to give instructions.

•

It is your client who will pay your costs.

•

Legal professional privilege applies to your client and the client determines whether or not to waive the privilege.

•

It is your client who can terminate the retainer.

•

To avoid conflicts of interest; for example, to act for the executor and not the beneficiaries, of a will.

The secrets to a positive retainer contract Clients who are kept up to date and well informed about the processes involved in their matter, including the accumulation of costs, are less likely to complain. Therefore, a properly drafted costs agreement that is kept up to date (if there are changes to the estimate along the way) is the key. YOU CAN ACCESS THE LEGAL PROFESSION REGULATIONS 2018 HERE: https://www.legislation.tas.gov.au/view/html/inforce/current/ sr-2018-066

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On the money

charges. Check the bills with a supervising partner. Put the draft bill with any changes on your file as a record.

Top tips from the LPBT 1. Be up-front about costs. 2. Provide costs disclosure to your client as soon as practicable. Ideally, basic general costs information should be provided at or before the first appointment, and before there is a retainer. Then this information can be more specific, perhaps with the initial letter of acceptance of instructions to the client and/or in the retainer. 3. Update information about costs if there are changes (s299 of the Legal Profession Act 2007). Examples include where your cost estimate will be exceeded, your hourly rate is increased, another lawyer becomes involved, or someone else is briefed.

8. Avoid charging your client for business expenses such as preparing the retainer and the time you have spent checking the bill. 9. Ensure your bill is as close to the amount you estimated the work would cost as is possible.

Questions to ask yourself •

What is the scope of the work I will be doing for this client?

•

How much is this service going to cost?

•

Have I provided a written costs estimate that complies with Part 3.3 of the Legal Profession Act 2007 ss282-339? And have I done so as soon as practicable?

•

Am I regularly reviewing the costs agreement and keeping the client informed of any changes?

6. Ensure your costs are fair and reasonable. Fairness is to do with the mode of obtaining the agreement – ensure the client can understand the agreement they are signing and the costs disclosure you give them. Reasonableness is about the rate of charging.

•

Do I issue regular itemised invoices that are detailed enough for the client to understand?

•

What they are paying for?

•

Do I provide a service that delivers value for money?

7. Check bills before they are sent to the client. Cross out or reduce unreasonable

•

Is my bill fair and reasonable?

4. Ensure that the costs information clients receive includes an estimate of costs, or range, if an estimate is not practicable (s291(1)(c)). 5. Keep track of your estimate, so you are reminded to update your client.

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L I N G E A

W I T H

Client complaints The following information is provided by the Legal Profession Board of Tasmania. It is critical that the Tasmanian community has trust and confidence in the quality of legal services being provided to them, and in the Tasmanian legal profession. It is the Legal Profession Board of Tasmania’s principal role in the regulation of the legal profession in Tasmania which ensures the protection of consumers of legal services. The LPBT also promotes and enforces the professional standards, competence and honesty of lawyers. It does this in a number of ways.

Complaint data In the 2019-20 reporting year (July to June) the LPBT protected Tasmanian consumers of legal services in a number of ways.

227 enquiries from the community and legal profession

M M E N C I N G C O

L I V E R I N G D E

Two own motion complaints arising from current investigations

80 written complaint determinations with written reasons to parties to a complaint

P O I N T I N G A P

N A L I S I N G F I

investigators to

29 investigator-appointed

38 complaints

C E I V I N G R E

complaints

N V E N I N G C O

131 Complaints

about lawyers, including against legal practices, individual lawyers, lawyers holding practising certificates in other jurisdictions, government lawyers and Australian lawyers who did not hold a practising certificate

5 s456 meetings

(procedure for less serious complaints) to deal with specific complaints

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Most of the complaints involve family law matters or estate matters (wills and probate), however, the LPBT also receives a good proportion of complaints about conveyancing and criminal law matters. Twenty-five complaints came from interstate or overseas complainants, but by far the majority of complaints came from the south of the state, reflecting the distribution of lawyers in Tasmania. Enquiries and complaints are frequently about delay, a lack of or very poor communication, and failing to follow instructions. A significant number of complaints also include complaints about ‘bill shock’ from perceived over-charging. At any one time the LPBT has about 70 to 100 matters on hand, which includes prosecutions that have been commenced before the LPBT, or in the Disciplinary Tribunal or the Supreme Court.

Complaints are resolved in various ways. For example, during 2020, 21 complaints were withdrawn by the complainant, and about 70 were ‘summarily dismissed’. Another 17 were dismissed after the completion of an investigation. Following investigation, there were four findings of unsatisfactory professional conduct and one finding in the Supreme Court of professional misconduct. Decisions made by the Disciplinary Tribunal and the Supreme Court are ordinarily reported on AustLII. Current information about how the LPBT protects consumers and enforces professional standards can be found in its annual reports which are tabled in Parliament each year and published on the LPBT website. VISIT THE LPBT WEBSITE HERE: https://www.lpbt.com.au

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Overcoming challenges

Dealing with client complaints The following information is provided by the Legal Profession Board of Tasmania. Your firm exists because of its clients. They can choose their lawyers and a lot of that choice – even in large firms – will rest on whether they have positive or negative feelings about the professional relationship they have with you. Trust is a key concept, and trust is only developed if they know you will always deal with them courteously. So always be polite and considerate with your clients, especially if you need to explain some legal aspect repeatedly. Your client is not a lawyer; ensure you use language and concepts that are appropriate for each client. Be clear about what you are telling your client or asking them to do and always keep them informed. Let them know if you are unable to do the work within the timeframe they expect. An important aspect of developing a good working relationship with your client is to ensure that both of you have the correct expectations about each other at all times. Good communication is essential. Send your clients copies of letters you write or receive on their behalf so they know what is going on. Keep your clients’ goals in mind at all times (refer to their instructions) and use them to guide what you are doing. Remember that you are your client’s advocate, and your role is to advise and not to make decisions for your client. If you disagree with your client’s decision, it is important to inform him or her of your concerns (and make full file notes) and

then follow their instructions. If you are unsure, check with your supervising partner/director before proceeding to follow such instructions. Whether you agree with your client or not, you have a duty to complete a retainer except in circumstances laid out in the rules.

Managing problems with clients Difficult clients need special management, and it is vital that you record all conversations and decisions made. Discuss any problems you may have with your supervising partner/director or manager as soon as they arise. If you do not have such a senior or are still worried about your relationship with a particular client, you could consider contacting someone for guidance. Refer to the Senior Practitioners List on page 48.

Dealing with other lawyers The way you operate in practice will shape your professional reputation. This standing will be built not only from the way you serve your clients, but also from your dealings with other lawyers outside your firm. Always extend professional courtesy to other lawyers. They are a useful referral source and can influence how your reputation develops, especially in a relatively small market. Professional courtesy should not be dispensed with, even if another lawyer is acting discourteously to you. When

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

a relationship between two lawyers deteriorates on both sides to the point where disciplinary proceedings are initiated, both participants may expose themselves to censure. Undertakings must be strictly honoured. Do not give them without partner/director approval because they are enforceable by a court and involve the liability of all partners/directors in your firm. Return messages or respond to letters and emails from other lawyers promptly.

A lawyer is an officer of the court As a lawyer you are required to meet a high standard of conduct in everything you do. All practising lawyers are officers of the High Court and this imposes an overriding duty to the courts and the justice system.

Rules of conduct and client care for lawyers The obligations lawyers owe to their clients are described in the Solicitors’ Conduct Rules made under the Act. Familiarise yourself with them regularly and remember that they are not an exhaustive statement of the way lawyers should conduct themselves. The rules set the minimum standards and are the reference point for disciplinary proceedings. At the outset of a career in which you will be providing legal services to your clients, it is worth reviewing the ground rules which are summarised in the preface to the Rules. These are also included in the information (the disclosure) which must be provided to all clients at the beginning of their relationship with a lawyer or law firm. VIEW THE LEGAL PROFESSION (SOLICITORS’ CONDUCT) RULES 2020 HERE: https://www.legislation.tas.gov.au/ view/html/inforce/current/sr-2020-055

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Overcoming challenges

ALL CLIENTS HAVE THE RIGHT TO EXPECT THAT, IN PROVIDING LEGAL SERVICES, A LAWYER WILL: •

Act competently, in a timely way, and in accordance with instructions received and arrangements made.

•

Protect and promote the client’s interests and act for them free from compromising influences or loyalties.

•

Discuss with them the client’s objectives and how they should best be achieved.

•

Provide the client with information about the work to be done, who will do it, and the way the services will be provided.

•

Charge the client a fee that is fair and reasonable and let the client know how and when they will be billed.

•

Give the client clear information and advice.

•

Protect the client’s privacy and ensure appropriate confidentiality.

•

Treat the client fairly, respectfully, and without discrimination.

•

Keep the client informed about the work being done and advise them when it is completed.

•

Let the client know how to make a complaint and deal with any complaint promptly and fairly.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

The complaints process A significant operational function of the LPBT includes receiving and investigating complaints regarding the conduct of legal practitioners and determining what action, if any, is warranted. Options available to the LPBT include mediation; intervention to achieve a resolution without a formal complaint; conducting a hearing, which may involve a disciplinary outcome; or referral of the matter to the Disciplinary Tribunal or the Supreme Court.

If you are a lawyer and you have been advised that the LPBT has received a complaint, it is important to understand the complaints process so you:

•

Know what to do.

•

Are aware of your responsibilities.

•

Understand the potential ramifications of a complaint that has been notified to you.

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Overcoming challenges

How the complaints process unfolds Initial complaint PRACTITIONER’S SUBMISSIONS

Summary Dismissal s.433

Investigation s.440 PRACTITIONER’S PRODUCTION OF FILES

Investigation Phase PRACTITIONER’S RESPONSE TO QUESTIONS (STAT DEC)

Investigation Close Report to the Board

Proceed to Prosecution

Dismissal

Board Tribunal Court

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What is a complaint?

Who else we tell

A complaint is defined in ss426 and 427 of the Act. The LPBT may also make its own complaint.

The Act requires the LPBT to tell the Society about the complaint because it is responsible for issuing practising certificates.

Assessment of the complaint

Seeking submissions

When a complaint is received, the LPBT will undertake a preliminary assessment. During the assessment, a complainant may be required to provide further information in accordance with s429 or be asked to verify the complaint by statutory declaration. This assessment may in some cases result in the LPBT summarily dismissing the complaint prior to it being provided to you.

When the LPBT tells you about the complaint, it will invite you to make any submissions about whether the LPBT should summarily dismiss the complaint in accordance with s433 of the Act. The LPBT will usually allow you 21 days to make your written submissions to it.

When the LPBT tells you about the complaint When a complaint sufficiently describes the allegations of conduct against you, the LPBT will give you a copy of the complaint and all associated documentation. The LPBT is required to provide you with written notice of the complaint, the nature of the complaint and identity of the complainant as soon as practicable after a complaint is made, subject to certain exceptions.

Report to the LPBT Once the LPBT has received your submissions and any further response from the complainant, a complete copy of the complainant’s material and your submissions is considered by the LPBT at its next available board meeting for a determination about summary dismissal in accordance with s433.

Outcome If the matter is not summarily dismissed, it will continue to be investigated in accordance with s440. If the complaint is summarily dismissed you and the complainant will receive a written determination with reasons.

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Overcoming challenges

some helpful advice FROM THE LEGAL PROFESSION BOARD OF TASMANIA Complaints to regulatory bodies happen to the best of us. When responding to a complaint, consider the following actions: •

Engage with the regulator at the earliest opportunity, no matter how experienced you are or like to think you are.

•

When responding to complaints, always ensure your submissions are the best they possibly can be.

•

Check your facts, provide evidence and file notes and address all the allegations.

•

Get advice from a senior practitioner. (The Society maintains a list of Members Advisors to assist lawyers who are the subject of a complaint, with three hours of free legal advice.) Refer to the Senior Practitioners List on page 48.

•

Respond on time or seek an extension of time if needed.

•

Above all, be candid, open and honest.

A number of resources and fact sheets are available on the LPBT website to assist practitioners with complaints. They can be accessed at https://www.lpbt.com.au/resources/

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

helpful resources IF DEALING WITH CLIENT COMPLAINTS

https://www.lpbt.com.au/wp-content/uploads/2017/07/ dealing_with_conduct_complaints_part_1.pdf Free advice from a senior practitioner is available through the Law Society of Tasmania. Confidential counselling is available to Law Society of Tasmania members.

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THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Overcoming challenges

How to avoid client complaints The following information is provided by Claire White, Senior Associate, Simmons Wolfhagen Lawyers. Even the best lawyers can be the subject of client complaints to regulatory bodies, but clear communication and attention to detail can limit the risk.

If you answer those questions truthfully and communicate clearly with clients on the basis of those points, you will minimise the prospect of billing complaints.

High price to pay for billing conflicts

R-E-S-P-E-C-T

Evidence in the legal sector bible, Riley Solicitors Manual, clearly shows that clients are less likely to complain about their lawyers if they are kept up to date and well informed about legal processes, including the accumulation of costs. With that in mind, here is a reminder of some questions to ask yourself every time you handle a matter.

Financial issues aside, clients want to be treated with respect during legal matters that may be very confusing to them. So, with a nod to Aretha Franklin, put yourself in your client’s shoes and ask yourself the following questions. 1. Who is my client? Remember, your obligations are to your client, so you need to know who the client is.

1. What is the scope of the work I will be doing for this client?

2. What does my client need to know to make an informed decision?

2. How much is this service going to cost?

3. Am I communicating clearly? Respectfully? In a way my client can understand?

3. Have I provided a written costs estimate that complies with the Legal Profession Act’s 2007 rules? 4. Am I regularly reviewing the costs agreement and keeping the client informed? 5. Do I issue regular itemised invoices that are detailed enough for the client to understand what they are paying for?

4. Am I keeping the client informed along the way? 5. Am I actively managing my client’s expectations? Do they understand the process? Do they know what might go wrong? Do they know how long it will take?

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6. Am I being clear about my instructions and am I acting on them? 7. Do I keep your promises about timeframes? In sales speak, do I underpromise and over-deliver, or over-promise and under-deliver? 8. Do I resolve disputes early to stop small grievances becoming big ones? Again, if these questions stay top of mind, you are more likely to meet your clients’ needs and be susceptible to complaints.

10 tips to maintain professionalism As a graduate lawyer, you have made a commitment to a high standard of performance, to integrity and to public service. If you stay true to that pledge, the likelihood of a complaint being made against you will diminish dramatically. Following these key points will also help: 1. Understand what constitutes a conflict of interest – and check you don’t have one before you act. 2. Be careful with time limits – on every file you pick up, check if there is a time limit. If there is, when is it? Is it recorded in multiple ways? (i.e. if one system fails, is there a back-up?).

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3. Keep excellent files – ideally, there will be a clear record of what is said every time you contact, or try to contact, the client, every time they contact you, and written advice on important issues. 4. Don’t let files go stale – delays with a matter are a common area of complaint, so don’t leave files sitting on your desk. Lawyers tend to delay for three reasons: (i) They don’t know what to do (get help). (ii) They don’t want to do it (stop procrastinating and just get on with it). (iii) They have too much on (see point 5). 5. Don’t take on more than you can manage – being busy is no defence against a complaint. You are responsible for managing your workload, but if you are overloaded speak to a supervisor or director about the issue or seek some assistance before it becomes a problem. 6. Be aware that loose lips sink ships – so adhere to your confidentiality obligations. 7. Remember that you are an officer of the court – and, therefore, your first and foremost duty is always to the administration of justice. 8. Treat everyone with respect – and you will earn it back in spades.

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Overcoming challenges

9. Stay humble – research shows that humble people make better decisions. They consider multiple points of view and seek out more information before making a decision. 10.Get familiar with the leading advice manuals – including Dal Pont’s Lawyers’ Professional Responsibility and Riley Solicitors Manual (available on LexisNexis) as well as the Legal Profession Act 2007 and its rules and regulations.

Treat everyone with respect – and you will earn it back in spades. During your career, you will make mistakes. After all, no one is perfect. But how you deal with mistakes will define you as a professional and a person. If you realise you have made an errors, come clean and get advice. Most mistakes can be fixed or addressed if they are caught early, so don’t put your head in the sand.

How to respond to complaints 1. Take a deep breath and stay calm. 2. Read Michael O’Farrell SC’s paper on conduct complaints. 3. Get advice from a senior practitioner. 4. Consider whether a resolution can be negotiated with the complainant. 5. Consider whether you should claim legal privilege over any of your files. 6. Prepare written submissions if appropriate. 7. Respond on time or seek an extension of time if needed. 8. If the investigator asks questions, consider getting further advice. 9. If you have made a mistake acknowledge it, fix it, and explain how you will prevent it happening again. 10. Get additional support if you start feeling overwhelmed.

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Being challenged in life is inevitable, being defeated is optional. – Roger Crawford

Wellbeing in practice

Navigating social media Lawyers need to be especially wary of the possible pitfalls of social media use and understand that the lines between personal and workplace posts can be extremely blurred. – WRITES CRAIG GREEN, COUNSEL, DOBSON MITCHELL ALLPORT. Social media has transformed how people communicate. Firms use social media to let clients know about recent cases and news regarding the firm and to advertise for staff. Lawyers are often encouraged to build up a strong online profile. Using social media is now part of most lawyers’ practice, whether by writing articles, commenting on issues, or communicating directly to clients. There can be pitfalls, however, for anyone using social media. Consider former TV chef Pete Evans as a case in point. Evans has been prosecuted and fined for spruiking a device which was said to offer a cure for COVID-19. He has also promoted controversial health and anti-vaccination views, and has suggested that bone broth could be used as a replacement for breast milk for babies. But one social media post, in particular, saw him make headlines and face a backlash from publishers and companies which sold his products. Evans shared on social media a cartoon featuring a butterfly with the black sun, or sonnenrad, on its wing. This symbol appeared in photos Brenton Tarrant posted to the internet, on his backpack, before he murdered 51 people in Christchurch. Nazi Heinrich Himmler had decorated Wewelsburg Castle with the black sun, so it has come

to be associated with the rise of extreme right-wing groups. Evans appeared to want to be provocative. When he was asked on social media about the appearance of the black sun in the butterfly, he responded by saying: “I was waiting for someone to see that.” Evans later posted a video on Facebook in response to media reports: “The fact that I had to actually Google what neo-Nazi meant is pretty telling, so I just want to tell you this once, and one time only – it is completely untrue, unfactual and a load of garbage. Anybody that knows me knows I stand for long-term sustainable health for all humanity. I don’t think there is anything else I need to say, except for peace.” Pan Macmillan, the publisher of Evans’ cookbooks, announced it was “finalising its contractual relationship” with him. Retailers were invited to contact the publisher if they wished to return any of his books. It was reported that Channel Ten dropped him from the show, I’m a Celebrity... Get Me Out of Here!

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Sponsors and the retailers who carry Evansassociated product lines – Big W, Dymocks, Woolworths, House and Coles – rejected him. Cookware brand Baccarat criticised and dropped Evans, and coconut water brand Raw C – which was “both horrified and saddened by the religious and anti-Semitic undertones” of the post – revealed it had already decided it would no longer be associated with Evans. Evans’ case is a high-profile example of where social media use can go badly wrong, starting from just one post. There are even greater challenges for lawyers.

The use of social media by a lawyer may, if not carefully managed, inadvertently reveal clients’ confidential information. The line between ‘work’ and ‘private life’ is also easily blurred. In relation to social media, some may say that the line has almost completely disappeared. You may use say Instagram for ‘personal’ use and LinkedIn for ‘work’, but in most respects anything that you post can have an impact on your professional life.

The use of social media by a lawyer may, if not carefully managed, inadvertently reveal clients’ confidential information. For example, if a lawyer posts that they are in a certain location and meeting with a new client, they may unintentionally disclose the client’s identity and thereby breach the duty of confidentiality. Lawyers must also be careful that any comments made in relation to issues or cases are not taken to be legal advice.

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Wellbeing in practice

”

If you have workmates and clients as ‘friends’ on Facebook, it is very difficult to then argue that there is no link between your online life and your professional life. Arguments concerning privacy about online content can be difficult to mount.

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Potential employers are also likely to check your social media accounts, so how you present yourself online can affect your career, particularly when you are just starting out. One of the more unfortunate aspects of social media is that material which you post may be accessed by people whose aim it is to embarrass or ridicule. People can, and do, take screen shots and/or copy embarrassing photos or comments. These can be used in a way which you would never have intended, including ways which damage your career. You should, therefore, assume everything that you post and every comment that you make, even if in private, could be read by anyone and can never be deleted. For example, three Argentinian rugby players – captain Pablo Matera and teammates Guido Petti and Santiago Socino – were suspended from a Tri-Nations test against Australia (the decision was later reversed, but the players did not take the field) for racist comments posted on their social media accounts from 2011 to 2013. The players face further disciplinary action. “I am very ashamed,” Matera said. “Sorry to all those who were offended by the barbarities that I wrote. At that time, I never imagined who I was going to become. Today I have to own what I said nine years ago.” Matera had earlier apologised to fans in a video posted on the team’s Twitter account after the players were criticised for not doing enough to 108

pay tribute to soccer icon Diego Maradona, who died the previous week. Matera’s discriminatory posts then resurfaced on Twitter in response to that apology.

Potential employers are also likely to check your social media accounts, so how you present yourself online can affect your career, particularly when you are just starting out. It does not matter whether you work in private practice, in-house or in government. Most employers will have a social media policy. Government agencies also have policies, while expectations of public sector employees are clearly communicated. Criticising the work or the administration of the agency where you work is almost always going to be seen as a breach of the Code of Conduct. You should ask for a copy of the social media policy and keep it as a reference. A social media policy is a legitimate tool used by an employer to protect the reputation and security of a business or government agency. A social media policy also makes it clear to employees what is expected of them. For example, excessive use of social media at work may have disciplinary consequences for employees. Employment tribunals have held that a social media policy designed to protect an employer’s

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Wellbeing in practice

reputation and security of business does not only operate in an ‘at work’ context. While there may be many situations in which an employer has no right to seek to restrict or regulate an employee’s activities away from work, in the context of the use of social media, such a policy would not operate in this limited way. You can also be taken to represent your employer, even if you don’t identify yourself on social media as being associated with your employer. You should also not engage in any conduct on social media that could directly or indirectly damage your employer’s business, or which may cause harm, otherwise your employer may have grounds to take disciplinary action. Posting comments about your employer or employees with whom you work on a social media platform is no longer a private matter, but should be considered a public comment. Gone is the time (if it ever existed) where anyone might claim posts on a social media are intended to be for private consumption only.

Do not post or respond to any material on social media that is threatening, abusive, obscene, offensive, sexually explicit, racist, sexist, discriminatory, bullying or defamatory. Posting content which falls within these categories puts your ability to continue practice at risk, as it may be a breach of the Model Conduct Rules, as well as your reputation. For example, in 2017 a criminal defence lawyer was suspended for 12 months by the UK Solicitors’ Disciplinary Tribunal over anti-Semitic comments he had made on his personal Facebook page, with the tribunal finding that the comments detrimentally affected the collective reputation of the profession. VIEW THE LEGAL PROFESSION (SOLICITORS’ CONDUCT) RULES 2020 HERE: https://www.legislation.tas.gov.au/ view/html/inforce/current/sr-2020-055

Topics which you comment about, or even if you ‘like’ something on a social media platform, will generally be taken to be as if you had created that material yourself. Sharing a post has a similar effect. If you are sharing something because you disagree with it and want to draw it to someone else’s attention, simply choosing an ‘angry face emoji’ is not enough. Picking a fight online is risky!

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Wellbeing Ensuring the wellbeing of employees has become one of the biggest challenges for law firms in the past decade. Some are handling the issue well; others need to improve. A few years ago, a survey of legal practitioners in New Zealand highlighted the biggest concerns for legal practitioners: workload, making mistakes, court changes, practice management issues, securing enough work, and effectively working with clients. Those issues, and more, emerged in a profile of the legal profession that was conducted in Tasmania in 2017 and 2018. This is a sample of issues raised by legal practitioners. •

Getting work done accurately within time constraints. Have I missed something?

•

Making mistakes that affect a client’s claim.

•

Worrying about court deadline processes and the pressure to get everything done on time.

•

Concerns over whether my clients feel they are getting value for money and time.

•

Earning less than when I was working casually or part-time.

•

The stress of technology and the demands of being accessible at all hours.

•

Trying to meet unrealistic billing targets.

•

Long hours.

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•

Being asked to take on a matter that I do not fully understand or have experience in.

•

Being given too many tasks under different supervisors – and how to manage this.

•

Not being given enough work.

•

Handling difficult clients.

•

Worrying that the tricky file has been left too long.

•

How to progress a tricky file.

•

Stressing over court appearances.

•

Feeling unable to approach my supervisor.

•

The emergence of an ‘inevitable’ complaint because it is so easy to complain without justification.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Wellbeing in practice

A few years ago, a survey of legal practitioners in New Zealand highlighted the biggest concerns for legal practitioners: workload, making mistakes, court changes, practice-management issues, securing enough work, and effectively working with clients.

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From bullying to sexual harassment – how to manage workplace issues Employees in law firms face complex workplace challenges every day, but there are processes and strategies available that can be used to navigate this minefield. – WRITES SAMANTHA MASTERS, SENIOR LAWYER, EDGE LEGAL. As an early career practitioner, you can feel quite vulnerable in the workplace – you are faced with a high-pressure role in which you inevitably have a steep learning curve ahead of you. In addition, you are often working with highly intelligent, high-performing (and often highly stressed) people. This environment, like any workplace, can lend itself to workplace issues such as: •

Inappropriate behaviour – any behaviour that falls short of expected standards of behaviour in the workplace, but which is not necessarily unlawful.

•

Bullying – repeated, unreasonable behaviour that poses a risk to your health and safety.

•

Discrimination – being treated less favourably in comparison to others because of an attribute (most commonly gender, family responsibilities, or a disability).

•

Sexual harassment – conduct of a sexual nature which is unwanted.

In most cases, you would expect that this type of behaviour would come from people more senior than you, or those to whom you directly

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report, but that is not always the case. The offenders could be colleagues ranging from administrative staff right up to partners. You have a number of options available to you to manage and respond to these types of workplace issues. Your personal circumstances, as well as the nature of the issues, will guide you as to the best and most appropriate way to manage them. Some of these options are: •

Do nothing – if the behaviour is not having an impact on you and you can manage day-to-day without it affecting your health and your work, you may decide this is the best option for you. Of course, if you do nothing, nothing will change, but you may consciously decide that is okay for you.

•

Access employee assistance program (EAP) services – this is an external option which can help you to talk through and manage the issues with support. You can do this confidentially without raising it with anyone at your workplace. Most employers will have their own EAP service that you access confidentially and free of cost. The Society also offers an EAP service through Converge which can be confidentially accessed by its members.

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

Wellbeing in practice

•

Self-management – you can choose to have a conversation with the other person to make them aware of how their behaviour is affecting you and ask them to stop. In an ideal world this would be the only step required, but often: -

it is not an option as you don’t feel you have the confidence to have this conversation or, if you do, you are worried it may damage important working relationships; or

the person doesn’t accept there is any issue with their behaviour and doesn’t make any changes.

Activate grievance procedures – employers should have an internal grievance procedure which provides a mechanism for dealing with workplace issues. In most cases, the grievance procedure will outline a number of steps you should consider taking to escalate issues in the workplace (ranging from self-management up to making a formal complaint, usually with the assistance or support of HR). Some workplaces have a system which enables you to confidentially raise issues with a peer who has been specifically trained in the internal grievance procedure and can provide you with support and guidance about your options as well.

•

Legal action – if the behaviour is unlawful (bullying, discrimination, or sexual harassment, for example) you have the option of taking legal action. This should be a last resort and only considered when other options have been exhausted with no satisfactory resolution. If you are considering this as a step, then most likely the employment relationship will have broken down and it may not be tenable on an ongoing basis. VIEW EAP INFORMATION HERE: https://www.lst.org.au/members/ member-benefits-and-support-services/ eap/

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More on bullying Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.

Setting standards for professional behaviour In a positive workplace culture, differing viewpoints contribute to healthy debate about issues if offered in a respectful and appropriate way. Differences of opinion and disagreements would not be bullying. Reasonable management action is not considered to be bullying.

EXAMPLES OF REASONABLE MANAGEMENT ACTION CARRIED OUT IN A REASONABLE MANNER ARE: Leading, directing and controlling how work is done, monitoring workflow and work quality giving feedback and managing performance and recruitment, assignment, transfer and termination of employment. However, disagreement that escalates into unmanaged conflict may become unreasonable behaviour or bullying.

Recognising when you or another person are being bullied Behaviours may be active or passive. This behaviour must be repeated and unreasonable and must create a risk to health and safety in order for it to be bullying. Examples include: •

Aggressive or intimidating conduct.

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Belittling or humiliating comments.

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Spreading malicious rumours.

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Teasing, practical jokes or ‘initiation ceremonies’.

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Exclusion from work-related events.

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Unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level.

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Displaying offensive material.

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Pressure to behave in an inappropriate manner.

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Where are the bullies? Bullies are generally in more senior positions than their victims, but bullies can also be of equal or lesser rank in the organisation than their victims. Anyone can be find themselves the target of a bully and victims can come from all levels of the organisation, and are often people who lack power (or think they do). Factors that increase the risk are job insecurity and fear of unemployment; in a job which is closely supervised, watched and controlled; if the victim is physical isolated from other co-workers; if the victim is in a low position in the organisational hierarchy; in a job where the gender is under-represented.

The impact Bullying can impact the victim’s manner in the workplace and their health. They may exhibit dissatisfaction with all aspects of work; loss of self-confidence; depression; anxiety; or physical illness associated with high stress.

Resolving issues in the workplace There will be many relatively simple situations that arise where co-workers or workers and their managers have traded words that leave one or the other uncomfortable. It might be what is said, or perhaps the tone of

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voice that has led to a misunderstanding or minor conflict. If the parties involved have a discussion closest to the actual event, they are more likely to reduce tensions and bring about a resolution. This might be as simple as the aggrieved party expressing how they felt in the situation, or it may be that someone has realised they are in the wrong and chooses to acknowledge it by seeking out the other party and saying, “Sorry, I was wrong to do that.” If you don’t necessarily feel comfortable on your own, you can enlist the help of someone else internally like HR or a health and safety representative.

Having courageous conversations •

While there are rules and procedure internally and externally for dealing with bullying, this is less likely to occur if people understand the parameters of the workplace, their own behaviour and the need to be able to have difficult discussions in a normalised way.

•

What’s important here is not just getting something out of your system but reaching an understanding through listening to the other party. We know that it’s not easy for everyone and sometimes it’s more reassuring to take the first step with outside help.

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Wellbeing in practice

Escalating the issue •

After each episode of bullying make notes of what happened and what was said. It there are witnesses ask them to sign off on your notes.

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Try to be clear about what the problem is and how it is affecting you.

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Where possible seek a proactive and early intervention approach.

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Whilst this may not be possible or practicable in every case, confront the bully and tell them that their behaviour is bullying and that it needs to stop.

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If the bullying doesn’t stop find the necessary assistance and support to resolve the problem.

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Know your organisation’s policies and procedures.

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Speak with a manager and/or HR representative.

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If a successful resolution is reached, keep an eye on things and diarise any noncompliance to follow up with management or HR so the problem is not likely to reescalate.

”

Anyone can be find themselves the target of a bully and victims can come from all levels of the organisation, and are often people who lack power (or think they do).

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Unlock the power of diversity Work environments are becoming increasingly more diverse with people bringing many different experiences, perspectives and beliefs. This diversity of thoughts and ideas brings enormous value to the workplace. When people work together respecting each other’s perspectives and experiences, problem-solving and innovation can flourish.

The key to unlocking the power of diversity is inclusivity An inclusive workplace values and celebrates the differences we all bring to work, and creates space for everyone to contribute, without the risk of fear or shame. In an inclusive workplace everyone matters; regardless of age, race, colour, sex, sexual orientation, physical disability, mental illness or position within the organisation.

Four tips for a more inclusive workplace 1. Inclusion starts with “I” – Each one of us is responsible for the way we treat others. We wish to be heard and treated with respect, but do we do the same for others? How can we act more inclusively? How can we stay open minded and respectful when dealing with contrasting ideas or opinions? Modelling inclusive behaviour applies to everyone.

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2. Recognise unconscious bias – Are you aware of your own unconscious biases? Could they be impacting your efforts to be more inclusive at work? We all hold certain beliefs, whether we’re fully aware of them or not. Learn more about your unconscious biases and think about how to address them with Harvard’s Implicit Association Test: https://implicit.harvard.edu/implicit/ australia/takeatest.html 3. Set the tone early – Make inclusion a priority by exemplifying the benefits of an inclusive workplace and help fellow team members understand their role in fostering diversity and inclusion at work. 4. Diversity and inclusion initiatives – Discuss ways to strengthen your workplace through diversity and inclusion initiatives. Perhaps it’s introducing accessible parking, or gender-neutral bathrooms. Maybe it’s finding out what religious or multicultural traditions or days your colleagues and clients celebrate and make note of them.

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Wellbeing in practice

Depression – the road to recovery •

Depression dishes a catch-22 when it comes to recovery: it’s the things that help the most that are often the hardest to do.

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Overcoming depression isn’t quick or easy, but it’s far from impossible.

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The key is to start small by making positive choices each day, taking it one day at a time.

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Reward for each goal achieved.

Start the journey to recovery •

Develop a wellness toolbox. Create a list of things that offer a quick mood boost.

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Get regular exercise. Studies show that regular exercise can be as effective as antidepressant medication at increasing energy levels and decreasing feelings of fatigue.

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10 tips for reaching out and building relationships 1. Talk to one person about your feelings. 2. Help someone else by volunteering. 3. Have lunch or coffee with a friend. 4. Ask a loved one to check in regularly. 5. Accompany someone to the movies, a concert, or a small get-together. 6. Call or email an old friend. 7. Go for a walk with a workout buddy. 8. Schedule a weekly dinner date. 9. Meet new people by taking a class or joining a club. 10. Talk to a counsellor, psychologist, or doctor.

Cultivate supportive relationships. Maintaining close relationships and social activities are vital to increasing your wellbeing.

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Challenge negative thinking Replace negative thoughts with ones that are more balanced, like: •

Practise gratitude.

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Focus on strengths.

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Challenge negative thought distortions – try seeing the experience from another point of view.

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Take a break from negative thoughts – recognise the thought, sit with and then let it go.

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Think outside yourself – ask yourself if you’d say what you’re thinking about yourself to someone else.

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Release judgement – of yourself and others.

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Allow yourself to be less than perfect. Don’t hold yourself to impossibly high standards, embrace your imperfection!

•

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Socialise with positive people. Notice how people who always look on the bright side deal with challenges... big or small. Even if you have to pretend, try to adopt their optimism and persistence in the face of difficulty.

Take good care •

A great way to beat depression, is to practice some self-love.

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Aim for eight hours of sleep a night. Depression typically involves sleep problems. Whether you’re sleeping too little or too much, your mood suffers.

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Soak up some sun. Aim for at least 15 minutes of sunlight a day to boost your mood.

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Practice a state of calm and mindfulness, identify the things in your life that stress you and you can make a plan to avoid them or minimize their impact.

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Practice relaxation techniques. A daily relaxation practice can help relieve symptoms of depression, reduce stress, and boost feelings of joy and well-being.

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Try yoga, deep breathing, progressive muscle relaxation, or meditation.

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Push yourself to do things you would normally enjoy, even when you don’t feel like it. You might be surprised at how much better you feel once you’re out in the world.

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Wellbeing in practice

Overcome fatigue, sleep deprivation and stress “The spring in my step is currently experiencing technical difficulties. Any matters requiring concentration will be subject to significant delays.” Sound familiar? If only we could issue personal notices like this in the real world. Fatigue management research shows that the first and fundamental step to this problem is getting enough sleep. Whether you get snappy and irritable or, giggly and delirious – lack of sleep affects us all. Longer term the effects of not getting adequate sleep can be far more serious than feeling a bit out of sorts.

Sleep Why we needs sleep is a question that’s still being asked by researchers but what we do know is that it‘s not a time in which the mind and body shut down. Sleep is a very active period in which a great deal of important processing, restoration and strengthening occurs. Our brains will process new knowledge and consolidate memories, while the rest of our body grows muscle, repairs tissue and synthesises and regulates hormones. There are known benefits for our immune system as well. Sleep is like a temporary road closure, when work is done to repair and upgrade your systems.

Speaking of roads, there are other risks of not getting enough sleep. Accidents in the car and at work are increased when there is reduced sleep. Sleep deprivation has the equivalent impact of a .05% alcohol reading. Anxiety and depression, or at least low mood and increased agitation, can be triggered by poor sleep. Depleted energy, sleepiness, and increased tension may be largely to blame. The hormones that are involved in blood sugar regulation as well as weight regulation can be affected by inadequate sleep. The hormones that make us feel hungry and full can be disrupted and go a bit haywire, so better sleep can lead to better weight management.

Sleep is like a temporary road closure, when work is done to repair and upgrade your systems. Heart disease and stroke, diabetes, and Alzheimer’s have had clear links to inadequate sleep and there are increased risks of developing these conditions if there is long term, chronic, untreated sleep deprivation.

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How much sleep we need varies from person to person and generally adults in Australia should aim for 7-8 hours a night. Some may need more, some less. It can be hard to know how much sleep you need. You can begin by assessing your own individual needs and habits and just see how you respond to different amounts of sleep. Pay careful attention to your mood, energy and health after a poor night’s sleep versus a good one. Ask yourself, “How often do I get a good night’s sleep?” Like good diet and exercise, sleep is a critical component to overall health, and changes will take weeks and months, they won’t necessarily be immediate. Researchers say that 40% of Australians report that they don’t get enough sleep. Half of these difficulties are due to poor habits, or work/study/family pressures and the other half are due to an actual problem with their sleep, and the most common problem is a racing mind that just won’t turn off.

Researchers say that 40% of Australians report that they don’t get enough sleep.

Here are eight steps to banish your need to lie awake checking social media until 4am: 1. Have a regular sleep pattern Try to go to bed at around the same time every day and get up at around the same time if you can. Improved sleep will not happen as soon as changes are made. But if good sleep habits are maintained, sleep will certainly get better. Find what time works for you and stick with it, working around your work schedule.

2. Spend the right amount of time in bed Many poor sleepers spend much more than 8 hours in bed and this makes fragmented sleep a habit. Except if you have lengthy sleep requirements, limit your time in bed to no more than 8.5 hours. If you often take hours to fall asleep, go to bed later.

3. Wind down and relax before going to bed

6. Don’t lie awake watching the clock

Have a buffer zone before bedtime. Sort out any problems well before going to bed. This may mean setting aside a ‘worry time’ during the day. Use this time to go over the day’s activities and work out a plan of action for the next day. Avoid using electronic devices within 1-2 hours of bed. Find a relaxation technique that works for you and practise it regularly, during your wind down period. Take a warm shower before bed to help you become sleepy.

Watching the time on a clock just makes you anxious about not being asleep. If possible, take the clock out of your bedroom. Resist the temptation to look at the time on your various electronic devices. Charge these outside of the bedroom overnight.

4. Avoid social media and TV in bed Smart phones and the such like can interfere with your sleep. Your mind needs to be in the habit of knowing that if you are in bed, you are there to sleep. Don’t stay in bed if you are wide awake. Get up and try again later when sleepy.

5. Make sure your bedroom is comfortable You should have a quiet, dark room with comfortable bedding and good temperature control.

7. Get plenty of light Depending on when you want to sleep, you can use light to your advantage. At the end of your sleep (in the morning for office hours workers) get plenty of natural daylight and avoid light in the evening when you want to get some sleep.

8. You may need professional help If you are still having trouble sleeping, if you have persistent problems with mood, if you have excessive daytime sleepiness, restlessness in bed, severe snoring or wakening unrefreshed despite what should be adequate length sleep, visit a health professional.

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There could be small changes in a person’s behaviour, often with a disruption to a person’s work, energy levels and sociability.

Wellbeing in practice

Recognise mental health signs Early warning signs differ from person to person. A person may experience: mood swings; sleeplessness; loss of motivation and energy; changes in eating patterns; memory loss. There could be small changes in a person’s behaviour, often with a disruption to a person’s work, energy levels and sociability. If in doubt, seek advice from a health service, GP, BeyondBlue or other mental health support service. Early intervention is the key.

Offer support Good outcomes are achieved if mental health concerns are recognised and treated early. However, you should decide what level of support and care you are realistically able to provide. IT WILL HELP IF YOU: 1. Learn about mental health, treatment and what services in your area. 2. Recognise and accept that symptoms may come and go and may vary in severity. Varying levels of support will be required at different times. 3. Develop a sense of balance between your own needs and the needs of the person you are supporting. 4. Be a positive influence – there’s every chance they can overcome this period. 5. Acknowledge and help to resolve feelings like guilt, anger or shame. These feelings are common. No one is to blame.

6. Encourage the person to seek professional help – a GP, EAP consultant, mental health practitioner or psychologist. And make an appointment for yourself, to discuss your concerns and find out what you can do if the person won’t see a doctor. 7. Every person needs to find the treatment that’s right for them. It can take time, strength and patience to find the right fit.

Encouragement and guidance 1. Develop a sense of structure by slowly introducing predictable daily routines. 2. With their input, break tasks into small steps to help with daily self-care. 3. Help overcome a lack of motivation by encouragement and inclusivity. 4. Their decisions are important even if it’s difficult and they keep changing their mind. 5. Offer encourage and reward small achievements.

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mental health WAYS TO OFFER SUPPORT Every person needs to find the treatment that’s right for them. It can take time, strength and patience to find the right fit.

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L E A R N

C O G N I S E R E

Learn about mental health, treatment and which services are in your area.

Recognise and accept that symptoms may come and go and may vary in severity. Varying levels of support will be required at different times.

B A L A N C E

Develop a sense of balance between your own needs and the needs of the person you are supporting.

C O U R A G E E N

Encourage the person to seek professional help.

Y TA

P O S I T I V

Be a positive influence – there’s every chance they can overcome this period.

N O W L E D G C K E

Acknowledge and help resolve feelings like guilt, anger or shame. These feelings are common. No one is to blame.

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Avoid substance abuse and addiction Alcohol abuse is fairly common in the legal profession. Studies have shown that of all professions, lawyers are the most likely to suffer depression and use drugs and alcohol to manage depressive symptoms. Using drugs regularly to stay awake, calm down or relax could mean you have a problem. Addiction can be described as an irresistible craving to have or do something that you are not able to live without. It can be a physical or psychological state of dependence on a substance or type of behaviour. Addictive behaviours can be overt or covert and sometimes can result in health, legal, financial, marital problems or family disputes. Not all addiction will have such obvious or dire consequences but can still rule an addict’s life. The overpowering craving of addiction will ensure that other fulfilling factors diminish.

Warning signs Realising that you may have an addiction is a good first step to overcoming it. Most people come to this realisation after their addiction becomes problematic for them, and the negatives of the addiction outweighs the benefits. A good way to assess whether you may have an addiction is by asking yourself the following questions: •

Am I finding it difficult to meet my responsibilities at home and at work?

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Am I having reoccurring problems with health, relationships, finances or law?

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Is my behaviour becoming a part of how I cope with everyday life?

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Am I organising activities around the behaviour?

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Is this behaviour continuing to increase more and more overtime?

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Do I feel unwell or moody when I don’t give into cravings for the behaviour?

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Have I tried unsuccessfully in the past to cut down or stop the behaviour?

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Do I find that my behaviour is more dominant around certain people and may be a way to maintain friendships?

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Wellbeing in practice

Ten tips to take back control 1. It takes great courage to acknowledge that you have an addiction but its essential for taking back control. 2. Consider the impact of your behaviour and what life would be like without it and remind yourself of the pros and cons of quitting. 3. Identify what cravings the addiction is meeting. Find other ways to satisfy them. 4. Note when and where you most likely experience cravings and create a plan to cope with them before they happen. Deal with the craving when it first arises before it becomes more intense. 5. Plan for dealing with times where you’ll find it difficult to ignore cravings like finding something to distract yourself or take up a new hobby to shift your mindset. 6. Remind yourself that having cravings is a normal part of quitting and the less you give in the weaker they become. 7. Cut back gradually and plan your use by setting limits each day. Start by having at least two addiction free days a week but go at your own pace. 8. Surround yourself with supportive and trustworthy people and ask friends or family member for support, or seek professional help. 9. Plan how you’ll respond to friends who may negatively influence you 10. Persevere and reward yourself for every milestone you make. Celebrate your achievements.

Support services Lifeline www.lifeline.org.au Family Drug Support Australia

www.fds.org.au

Australian Drug Information Network

www.adin.com.au

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Get ahead of burnout Long hours, unrelenting requirement to log many billable hours, looming budget balancing, and overflowing files can all bring with them fatigue, mental exhaustion and stress. If this builds to unhappiness and disillusionment with your job, you could be heading for burnout. In the general population about 6% suffer from stress and associated symptoms like anxiety. This rises to over 15% for lawyers!

See the signs (of stress or burnout) •

Have you become cynical or critical at work?

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Do you feel out of control?

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Do you feel nervous and on edge?

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Are you making mistakes?

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Do you drag yourself to work and have trouble getting started?

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Have you become irritable or impatient with co-workers or clients?

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Do you lack the energy to be consistently productive?

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Do you find it hard to concentrate?

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Do you lack satisfaction from your achievements?

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Do you feel disillusioned about your job?

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Are you using food, drugs, or alcohol to feel better or to simply not feel?

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•

Are you experiencing negative thoughts?

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Have your sleep habits changed?

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Are you troubled by unexplained headaches, stomach or bowel problems, or other physical complaints?

Top tips to take the power back •

Know you are not alone.

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Shift any feelings of guilt or failure.

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Keep a check on how much of yourself you invest emotionally.

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Don’t be tempted to keep ‘pushing through’.

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Avoid personal grudge matches with your opponents.

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Step back, detach and remain objective.

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Review your time management.

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Utilise the support systems around you to minimise any extra workload.

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Talk to your supervisor before it feels overwhelming.

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Build on your assertiveness skills and learn to say ‘no’.

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Talk strategy with friends, family and trusted colleagues.

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It’s not the load that breaks you down, it’s the way you carry it. – LOU HOLTZ, SPORTSMAN

De-stress 1. Unplug. 2. Deep breathe – meditate, mindfulness, relaxation techniques. 3. Get out and exercise – swim, yoga, Pilates, walk. 4. Lots of laughter – books, movies, friends. 5. Listen to music. 6. Become an early riser. 7. Get into healthy eating.

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NorthWest

North

South

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The Law Society of Tasmania

The Law Society of Tasmania The Law Society of Tasmania (the Society) is a peak industry and statutory body that has two major functions. The first is to regulate legal practice in Tasmania. The second is to provide services to its members to assist in maintaining high standards of practice in the Tasmanian legal profession. The Law Society of Tasmania represents and upholds the independence of the Tasmanian legal profession, and advocates for a fair and just legal system for all Tasmanians.

Member benefits scheme To become a Society member you need to join up. To learn more about the joining-up process, you will want to read the information about applying for a practising certificate or associate membership on the Society’s website: https://www.lst.org.au/home/ membership-and-legal-practice/ There are two types of Society membership. An associate membership is available to those who do not need a practising certificate to practice law in Tasmania such as those working in government, or in a management or support capacity in the legal industry. Alternatively, application for a practising certificate provides membership as a default to holding a current practising certificate issued by the Society.

One of the main functions of the Society is to provide services to its members to assist in maintaining high standards of practice in the legal profession in this State. A range of products and services are exclusively provided to Society members such as: •

The Law Letter – the Society’s law journal.

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Weekly member newsletter.

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Weekly Continuing Professional Development (CPD) newsletter.

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Reasonable or no cost continuing professional development events.

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Access to member-only resources and information.

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Access to local and online library services and resources.

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LawCare counselling services.

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Discounts and exclusive benefits for Qantas Club membership; car purchases; health insurance; Hertz car rental; and accommodation.

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Member adviser service This provides members with assistance with conduct complaints. Members’ advisers are available to help legal practitioners through the complaints process. Finding out that someone has made a complaint about your professional conduct can be distressing. Responding to the complaint can be difficult and time-consuming, and the best approach is not always obvious. A panel of members’ advisers is available to assist solicitors who are the subject of a complaint, with 3 hours of free legal advice. VIEW THE MEMBER ADVISER SERVICE WEBSITE HERE: https://www.lst.org.au/members/ member-benefits-and-supportservices/member-adviser-service/

LawCare counselling services The Society engages Converge International as the exclusive provider of free and confidential counselling services to its members. Converge International’s employee assistance program (EAP) provides support and counselling for a broad range of personal and work related issues. This EAP is broken down into a number of streams as listed below. Society members and members of their immediate family are eligible for LawCare assistance. The Society will meet the cost of (3) three counselling sessions. This confidential service allows practitioners to access either online or telephone counselling services with a professional who is not based in Tasmania and the names of practitioners accessing this service are not provided to the Society. EAP services include assistance for employees, with counselling services across career, conflict, nutrition, lifestyle and financial wellbeing.

The Law Society of Tasmania

Employee Assist Support and counselling for a broad range of personal and work related issues. https://www.lst.org.au/wp-content/uploads/2021/05/law-societyof-tasmania-employee-assist-poster.pdf

Career Assist Career development and planning, resumes and job seeking assistance, interview skills, vocational counselling. https://www.lst.org.au/wp-content/uploads/2021/05/law-societyof-tasmania-career-assist-poster.pdf

Conflict Assist Strategies, tools and coaching to deal with difficult work place and personal situations. https://www.lst.org.au/wp-content/uploads/2021/05/law-societyof-tasmania-conflict-assist-poster.pdf

Nutrition and Lifestyle Assist Specialist advice across nutrition, sleep, resilience, mindfulness, addictive behaviours, retirement planning and positive lifestyle changes. https://www.lst.org.au/wp-content/uploads/2021/05/law-societyof-tasmania-n-l-assist-poster.pdf

Money Assist Financial counselling to help people work through financial wellbeing concerns. https://www.lst.org.au/wp-content/uploads/2021/05/law-societyof-tasmania-money-assist-poster.pdf THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

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The case for continuing professional development The aim of continuing professional development (CPD) for legal practitioners is to build on the culture of continuous learning in the legal profession and contribute to the increased competency of lawyers. Legal practitioners have an obligation to themselves and the community to participate in CPD that maintains and extends their knowledge, expertise and competence in areas of relevance to their practice. Participation in the CPD scheme is mandatory and is a prerequisite to practising certificate renewal. CPD is outcomes focused and it requires all practising lawyers, whether working full or part-time, to complete a minimum of 10 hours of CPD activities each year (which runs from May 1 to April 30); prepare and maintain an ongoing CPD plan; and to personally reflect on and evaluate what they have achieved through those activities. These requirements are fully explained in the Society’s CPD Practice Guideline No. 4. https://www.lst.org.au/members/ continuing-professional-development/ cpd-practice-guideline-no-4/

Mandatory CPD categories In calculating the minimum 10 CPD points of CPD activity in respect of a CPD year, the total units must include at least one CPD point relating to each of the following categories: (a) practical legal ethics; (b) practice management or business skills; (c) professional skills; (d) substantive law; and (e) equality and wellbeing.

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Determining the correct CPD category •

Your professional judgment – CPD activities will often fall into more than one of the mandatory categories. It is considered a matter for the practitioner’s own good judgment and discretion about how they choose to allocate their points, provided the allocation is reasonable.

•

How to allocate your points – A practitioner attending a one-hour seminar may decide that the seminar was 50 per cent professional skills and 50 per cent substantive law. They may, therefore, elect to record 0.5 points for professional skills and 0.5 points for substantive law.

Legal practitioners are required to make a formal declaration that they have complied with the CPD requirements when renewing their practising certificate. This CPD scheme is governed by the rules under Practice Guideline No.4. As part of these rules, the Society may audit any lawyer at any time to check that they are compliant with the expectations of CPD. This audit process is also

THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

The Law Society of Tasmania

intended to help lawyers develop the skills to effectively evaluate, and plan for, their learning needs. When you begin work, ask your employer as soon as possible about the system in place to assist you with meeting your CPD requirements. There are a number of resources to help lawyers meet their CPD obligations. See the Society’s website for more information: https://www.lst.org.au/members/ continuing-professional-development/ cpd-obligations/

four things to remember ABOUT CPD

CPD applies to all lawyers – there are no exemptions.

CPD focuses on lawyers planning and reflecting on their ongoing learning.

3. 4.

CPD requires a yearly minimum of 10 hours of activities across five mandatory CPD categories. CPD requires a yearly declaration of compliance with the CPD rules.

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Professional networking opportunities

Social •

The Legal Profession Dinner is traditionally held on the day of the opening of the legal year.

•

A drinks evening with the President and Council members is held once a year in the north and in the north-west of the state, which is traditionally preceded by a free CPD seminar and followed by a dinner.

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Learning •

CPD events are often followed by postevent drinks.

•

Conferences are held annually that attract a large number of Society members. These CPD events offer learning as well as networking opportunities with the local profession, and pre-eminent local and interstate experts in the profession.

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Early Career •

CPD events are often followed by networking drinks at the venue or at a local pub.

•

On a Friday once a year, a long lunch is hosted by the early career committees.

•

Trivia/Quiz nights are held annually.

•

A Golden Gavel evening is also held annually.

•

Cocktail evenings often include meeting the local judiciary.

Committees The Society calls for expressions of interest annually from members to join its committees. These Committees of Council have been established as a source of expert advice to Council and to assist the Society to accomplish policy, regulatory and functional responsibilities. Committees inform Council on policy directions, develop guidance materials and submissions on legislative and policy initiatives, and support the strategic objectives of Council. Committee membership provides Society members with a number of opportunities. •

Contribute to law reform and the Society’s work in promoting access to justice in Tasmania.

•

Represent the professional interests of legal practitioners in Tasmania.

•

Consider issues affecting the legal profession.

•

Connect with legal practitioners with similar interests.

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Knowing is not enough; we must apply. Willing is not enough; we must do. – Johann wolfgang von Goethe

The Law Society of Tasmania

A snapshot of the legal profession in Tasmania A national profile of the legal profession in Australia was prepared in 2011, 2014, 2016, and 2018, with the most recent profile prepared in 2020. As with the previous reports, this fifth National Profile includes a useful demographic picture of the legal profession in Tasmania. The information presented in this chapter includes some statistics from that Profile along with a snapshot of the statistics presented by the Law Society of Tasmania in its profile of the profession released in 2018. When reading this information it should be noted that whilst the statistics from the National Profile do not include barristers it does include practitioners in the following sectors: private practice; corporate legal; government legal; and community legal.

Top areas of practice

$118,500

Commercial Law Civil Litigation, Wills & Estates, Property Law*

Median Salary Practising Certificate (PC) holders (private practice)*

74%

-3% M +82% F

Access to Flexible Workplace Practices*

Increase in gender representation in the private profession since 2001*

40–49 Hours Most commonly reported number of hours worked per week*

*Law Society of Tasmania Member Survey 2017 THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

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Percentages of respondents accessing the following flexible workplace practices

49%

Flexible start and finish times

39%

Flexible break times

14%

Part-time work linked to family commitments

50%

Paid training and professional development

32%

Ability to work from home

Job sharing

25%

None of the above

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Top areas of practice n=279* Property Law

41%

Civil Litigation

43%

37%

Wills and Estate Laws

21% 45% Commercial Law

19% 3% 5% Other

Criminal Law

Family Law

Workplace Relations

*Law Society of Tasmania Member Survey 2017 THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

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Hours of work The average hours of work per week by full-time practising certificate holders*

50–59 Hours per week 16%

40-49 Hours per week 55%

60+ Hours per week 7%

30-39 Hours per week 22%

*Law Society of Tasmania Member Survey 2017 144

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Gender 2020 Total number of practitioners** M 365 | F 419 2001

2017

2020

Male 72%

Male 58%

Male 47%**

Female 28%

Female 42%

Female 53%**

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Average mean age

Age by gender

2020 M 46 years | F 39 years

34 years and younger Male 31% Female 40%

36%

of legal practitioners are 34 years or younger

35-44 years Male 18% Female 32%

25%

of legal practitioners are 35-44 years of age

Location of practitioners City

Suburban

Country/Rural

88%

Location of early career lawyers (admitted 5 years or less) City

Suburban

Country/Rural

94%

Data from Urbis 2020 National Profile of Solicitors data on legal practitioners in Tasmania (n=784) 146

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Years since admission All practitioners = Pink | Male = Green | Female = Orange 1 year or less

2–5 years

6–10 years

4% 3% 4%

21% 18% 24%

10% 10% 10%

11–14 years

15+ years

Unknown

9% 6% 12%

39% 52% 28%

17% 10% 23%

Employment by practice sector Tasmania total = Pink | Male = Green | Female = Orange

Private

Corporate

Government

Community

65% 55% 45%

9% 35% 65%

18% 30% 70%

8% 31% 69%

Data from Urbis 2020 National Profile of Solicitors data on legal practitioners in Tasmania (n=784) THE ULTIMATE SURVIVAL GUIDE FOR YOUR FIRST YEAR IN LEGAL PRACTICE

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The last word The Law Society of Tasmania warmly welcomes you to the legal profession. We encourage you to give your own time and talents to help your local Society to help you and your colleagues. It will also be of great benefit to you as you seek to develop your skills and contacts within the local legal profession. You are now part of a wider legal community that often looks to senior lawyers for leadership and advice. Those who have gone before you in the profession have cultivated standards and reputations of excellence and have served the community and profession with distinction. You are now a member of this prestigious fellowship. Treat it as a privilege – and enjoy the experience.

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The Law Society of Tasmania warmly welcomes you to the legal profession.

Jot it down!

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Contributors With thanks to the Law Foundation of Tasmania and all the contributors to this manual listed below: 1. Allan Walsh, Author – Law: What Isn’t Taught at University, 2006

15. Gayle Johnston, Legal Profession Board of Tasmania

2. Emma White, Consultant, Simmons Wolfhagen

16. Merrilyn Williams, Legal Profession Board of Tasmania

3. Craig Mackie, Principal, Dobson Mitchell Allport

17. Deb Bowring, Manager, Tasmanian Law Library

4. Phillip Kimber, Consultant, Butler McIntyre & Butler

18. Penelope F. Robertson, Principal, Ethical Costing & Legal Services

5. Amelia Higgs, Senior Associate, Dobson Mitchell Allport

19. James Fletcher, Managing Director, Alta Pete Consulting

6. Craig Green, Counsel, Dobson Mitchell Allport

20. Claire White, Senior Associate, Simmons Wolfhagen Lawyers

7. Mary Anne Ryan, Barrister, Derwent and Tamar Chambers

21. Samantha Masters, Senior Lawyer, Edge Legal

8. Evan Hughes, Principal, Rae & Partners

22. Converge International

9. Zac Nicholson, Principal, Tremayne Fay Rheinberger

23. New Zealand Law Society – The New Zealand Online Manual, 2018

10. Nicola Luttrell, Senior Lawyer, Edge Legal 11. Amber Scott, President, North-Western Young Lawyers Committee, 2022

24. The Law Society of New South Wales Young Lawyers – How to Survive and Thrive in Your First Year of Law (3rd ed.)

12. Scott Ashby, Co-President Southern Young Lawyers Committee, 2022

25. Art Direction: Saffron Jensen, www.saffronjensen.com

13. Aurora Kostezky, Principal, Tremayne Fay Rheinberger

26. Cameron Cooper, Managing Editor, Copper Media

14. Trevor McKenna, Senior Associate, Ogilvie Jennings

27. Luke Woolston, Woolston Printing, Launceston

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Congratulations on becoming a lawyer – now the hard (but rewarding) part starts. Transitioning to work as a lawyer can often be a real challenge for freshly minted legal practitioners, and knowing what you can expect (and what you should not expect) can help your successful growth from a fledgling lawyer into a fully grown legal eagle. The first, and possibly most clichéd tip, is that working in legal practice is nothing like it is portrayed on TV or in the movies. So, this manual is designed to support you in your first 12 months, and to point you in the right direction to find guidance when you might need it most.

The Law Society of Tasmania is proud to publish this guide. As the peak body for the legal profession in Tasmania, we want to assist early career lawyers with some of the day-to-day tasks and challenges you will confront, as well as ensuring that you understand the very high standards of professional conduct that are required.

EDITION 1.0 – 2022

The Law Society of Tasmania | lst.org.au