Right. Well. Here we are.

World events over the last few months have left most of us feeling like a pancake that’s unceremoniously been flung across the room.

Since the coronavirus outbreak in November last year, our collective situation has not been well-situated (and by that, I mean that things have deteriorated fast). It’s been a cataclysmic chain reaction that has brought the globe to a grinding halt. Cities have gone into lockdown, thousands of people are dying or seriously ill, first-world health care systems are collapsing, a global recession is imminent, and small businesses – the tourism, hospitality, beauty, music and dental industries, in particular – are being hit hard.

On Thursday, Qantas announced that it is suspending all international flights until late May 2020. (You know things are bad when travel and sports are cancelled). And all this because some selfish little sod in Wuhan, China decided to lick a pangolin.

Overnight, the world has become a society of neurotic germaphobe shut-ins, where the mere thought of touching a door handle or elevator button now causes most of us to slip into a gentle seizure.

(See lead image)

So, if the end is nigh, what can, and should, we be doing to while away the countless hours of isolation stretching ahead of us?

1. Make a will

Ha, ha. Funny.

But seriously. Now is the time to stop procrastinating and to get it done. Making a will is the only way to ensure you decide what happens to your property and assets after you die. Otherwise, your money could end up being bequeathed to someone you never intended should get their hot little hands on it.

(Like that record player your irritating sister, Tracy, has been eyeballing for years … “Shut up, Tracy!”)

2. Make your brain werk for it

Netflix Party will only go so far.

Many Ivy League Universities and Australian educational institutions, such FutureLearn, have hundreds of free courses online. The ANU College of Law’s Juris Doctor degree is entirely online, as are many courses through Open Universities.

So … rather than spending your free time “panic googling” your symptoms, (or whether you can catch a virus through the walls of your house if your neighbour sneezes in their backyard) try to develop some skills that you can apply in your career or business once you’re free to gleek on other humans again.

3. Stay well-hydrated

When everything is uncertain, one this is certain.

Your long-time relationship with good friends gin, vodka, and whiskey. And if we’ve learned anything from China’s post-quarantine spate of divorces it’s that living in close quarters with family, especially young children, can be a traumatic experience.

Enter the humble quarantini and online cocktail making courses! Designated driving is a moot point when your bed is a mere 3 feet from the kitchen.

4. FaceTime your extroverted friends who are “social distancing”

If you are an extrovert, being isolated in the sensory deprivation tank of your house can feel like your psyche is slowly folding like a road map.

Most are looking to find a meaningful connection anywhere.

It’s a slippery slope from having long and involved powwows with pets over the morning news to justifying the need to stick googly eyes on appliances, milk bottles, and wall sockets, just so that the house seems more crowded and friendly.

Spare a moment and give them a call (not a text!). They need you right now.

5. Check your health insurance

While you may not need it, you shouldn’t risk it.

Is your policy up to date? Do you have ambulance and hospital cover? In the case that you do need to be hospitalised for an extended period of time, you don’t want your resulting medical bill to sting more than the harsh light of day once you leave confinement.

6. Continue to support small businesses

Right now, small businesses in Australia are arguably suffering most from the coronavirus crisis.

Many are now facing impossible decisions about laying off staff, innovating to ensure their survival, living without an income for up to 6 months or even making the decision to close entirely.

Support your friends who are running businesses. Contact them regularly. Offer any assistance you can. If you’re a lawyer, volunteer free legal advice on issues they are unexpectedly facing, like how to go about negotiating a reduction or suspension in lease repayments with landlords.

If you are feeling well, continue to see your local hairdresser and dentist. Most small businesses have developed coronavirus policies and procedures that include strengthened hygiene measures in an effort to ensure the safety of staff, clients, and patients.

Most importantly

(at least for the next few months)

More on BucketOrange Magazine

• How to think like a lawyer (even when you don’t have a law degree)
• How to argue like a lawyer
• How to argue like a lawyer vol 2

The art of thinking like a lawyer.

It’s a form of swift reasoning, cool logic, effortless problem-solving skills and precision analysis that many non-lawyers wished they possessed in heated exchanges between partners, friends or colleagues. It’s the kind of calculated mental weaponry that shields you from unhelpful, inflammatory emotions while actively disarming your opponent with one slash of your sharp verbal blade.

Sounds enviable, right?

Here’s the good part: the ability to use legal reasoning in everyday life is not a skill confined to the legal profession. Like learning a new language, thinking like a lawyer is a technique that can be developed with time, patience, practice, and a willingness to sometimes sound pretentious.

Time to get brain training.

Step 1: Become a word merchant

Lawyers are inherently competitive. They enjoy peppering everyday conversations with big words and thinly veiled insults.

It’s a strategy used to spice things up with colleagues during casual office banter and to gain an unfair advantage in everyday communications with family members or friends.

How to think like a lawyer

If you want to persuade people with your silver-tongued trial lawyer rhetoric, then you need to brush up on your grammar and vocabulary.

Invest some time thumbing through the thesaurus or dictionary and craft a ready-to-go bank of insults you can draw on in a pinch.

Step 2: Forecast the future and scenario plan

Thinking like a lawyer means preparation, planning and predicting (insofar as possible) the future. This means doing risk assessments before making a big decision, considering all your options, and planning for all possible potentialities.

Like a game of chess, it’s a form of deliberate and methodical thinking that factors in the motivations, agendas and likely next move of your opponent. This habit of thinking before acting is part of the reason why lawyers are often considered to be wholly risk-averse.

The upshot of developing this style of thinking, however, is that you will rarely be surprised by unforeseen negative outcomes of your decisions in personal or professional contexts.

How to think like a lawyer

Before taking a course of action, spend some quiet time considering what could potentially go right and what could possibly wrong as well as what the negative or positive consequences might be.

Try to minimise the number of impulse decisions you make and always have a solid backup plan.

Step 3: Develop analytical and problem-solving skills

Analytical skills are central to the way lawyers solve problems and evaluate issues.

Analytical thinking allows you to visualise, articulate, conceptualise and solve simple and complex problems by making educated decisions and taking calculated risks given available information.

Think like a lawyer

Lawyers are able to pick out salient points from any given problem.

Try not to get bogged down in irrelevant details but focus on the most relevant and critical information. Lawyers analyse the issue and look for the material facts, and evidence that supports those facts. They then look for what conclusions they can draw from known facts, justified with sound reasons.

Step 4: Remain objective

Lawyers are masters at removing emotion from everyday interactions.

Submitting to your feelings leaves you vulnerable, clouds judgement and prevents you from making the best decision in the circumstances.

The ability to tease the emotion out of every situation, including inflamed personal conflicts, is one of the many reasons why lawyers are often described as robotic a-holes.

Think like a lawyer

In any escalating confrontation, stop and take a beat.

Taking your time to respond is a strategy lawyers use to drive their opponents crazy! Use this time to remove yourself emotionally from the immediate drama of the situation. Lawyers don’t allow themselves to be drawn in by cheap insults and other schoolyard tactics, although many will engage in it themselves.

Stay calm and put yourself in your opponent’s shoes. What is the meaning behind their words and actions? This requires a degree of emotional intelligence that, if used correctly, can diffuse any situation.

At the end of the day

Lawyers are just people who have been trained in problem-solving techniques and effective communication.

The ability to think like a lawyer simply means developing your lawyer lips, engaging in verbal sparring in appropriate circumstances, moderating emotion and other subjective influences from everyday scenarios, and always applying critical reasoning, logic and sound judgement.

What lawyerly strategies do you use day-to-day? Let us know in the comments!

More on BucketOrange Magazine

Laws Of Conversation: How To Argue Like A Lawyer

Laws Of Conversation: How To Argue Like A Lawyer (Vol. 2)

Well, it’s that time of year again.

Each time the month of May rolls around so too does National Law Week with its diverse suite of delectable law-related activities. Most events centre on public legal education for non-lawyers, however, one special breakfast is reserved exclusively for the legal industry.

Hosted by NSW Young Lawyers @ The Westin, Martin Place, Sydney on Friday 18 May 2018. This year’s competition left the crowd frothing for more.

It’s a morning where lawyers can let their hair down, laugh at themselves, and watch as their colleagues rip shreds off one another in the Golden Gavel ring.

It’s the kind of event where public humiliation is a prerequisite but, for most competitors, the promise of sweet victory is worth the risk to life, limb and career. The public speaking battle of wits kicks off with 10 young lawyers from each state and territory having only 5 minutes to prove to a crowd of peers, colleagues and superiors why they should receive top honours.

(That’s what it says in the marketing materials anyway).

In reality, it’s a lawyer vs lawyer bloodbath where only the most fearsome competitor – one who is able to outwit, outplay and outlast the competition –  leaves the arena victorious.

The ante was observably upped this year with each contestant dropping the metaphorical hammer so hard and so fast that they practically left dents in the carpet.

So without further adieu, let’s introduce just a few of this year’s brave contestants:

Ben Malone – Massons

Topic: Smashed avo and other reasons I couldn’t be a human rights lawyer

Patrick Dunn – Dentons

Topic: Ten things the Brady Bunch can teach you about a successful merger

Pierce Hartigan – Lander & Rogers

Topic: The Law Grad’s Tale: Making servitude fun!

Kim Fisher – FCB Workplace Law

Topic: The Parliamentarian’s Guide to Better Performance Reviews

Liam Fairgrieve – University of Technology Sydney

Topic: Hired at First Sight: Lessons legal recruitment can learn from reality TV

Joshua Clarke – Holding Redlich

Topic: Practising in foreign jurisdictions: Life outside Sydney CBD

Congratulations to Joshua who took out the Runner-Up & People’s Choice Awards!

Tom Sorrenson – NSW Department of Industry

Topic: Multitasking Mindfulness for the modern lawyer

Congratulations to Tom who successfully fought off a strong and competitive field, claiming the ultimate victory!

Tom will go on to represent NSW at the National Gavels later this year.

Watch the full wrap up

NSW Young Lawyer’s patron, The Hon. Justice Fabian Gleeson, wraps up the event and announces the 2018 Golden Gavel Runner-Up and Winner.

And that draws to a close another killer law week!

Until next year!

Pain and suffering

People who are in pain tend to cause pain to others.

Identifying inappropriate behaviour at work

In a professional setting, a social, or networking event, experiencing sexual harassment can be a devastating, humiliating and intimidating experience.

One of the best ways to identify inappropriate behaviour or comments is to pay attention to how that person makes you feel about yourself. 

How are you feeling emotionally?

• Has your confidence taken a significant blow?
• Do you feel ill-at-ease or on guard?
• Do you feel defensive or threatened?
• Are you holding tension in your body?
• Has your fight or flight response been engaged? That is, do you feel like getting away from this person as quickly as possible?
• Are you self-berating for not standing up for yourself?

How are you feeling physically?

• Is your heart racing?
• Have you developed a headache?
• Do you feel sick to your stomach?
• Angry?
• Woozy?
• Threatened or harassed?
• Has your bodily integrity been compromised? That is, have they invaded your personal space or made physical contact with you?

In many cases, inappropriate behaviour manifests in subtle, subversive, blink-and-you-miss-it conduct or comments about your physical appearance, intelligence or capabilities delivered with a smirk and feigned sincerity.

Think about how Trump interacts with highly intelligent women with thinly veiled contempt.

Identifying sexual harassment in the workplace

To be considered sexual harassment, the behaviour must be unwanted. In the circumstances, a reasonable person would have expected you to be offended, humiliated or intimidated by this behaviour.

• How are they standing? Are they too close?
• Are they making sexual advances such as invading your personal space, staring inappropriately, requesting to go on dates, making sexually explicit or suggestive jokes?
• Are they commenting on or making sleazy comments about your physical appearance?
• Do they corner you at your desk or somewhere else where you can’t get away?
• Have they made unwanted physical contact with your body?
• Are they making unwelcome comments or gestures with sexual overtones either verbally or in writing?
• Are they asking too many questions about your private life?
• Are they sending text messages outside work hours, especially late at night, or emails requesting sexual favours?
• Do they have pictures of naked men or women in the bathroom or on their screen saver?

How to deal with sexual harassment

Sexual harassment is unlawful. It is also against the law for your employer to terminate your employment or demote you for making a complaint about sexual harassment.

• Prevention

Developing your capacity to read people, to understand their behaviour or underlying motivations is a life skill. The trick is to spot these kinds of people early using the above indicators and to avoid an unpleasant interaction altogether.

• Early detection

If you do find yourself in a situation that makes you feel harassed or uncomfortable, maintain your poise and keep a level head.

As soon as you are able, extricate yourself from the conversation. Don’t fall into the trap of being drawn into a conversation you are not comfortable having or tolerating comments that make you feel harassed or threatened.

If you cannot remove yourself from the conversation, tell the person to stop making inappropriate comments or use strategies employed by politicians to shift the conversational landscape to something you do feel comfortable discussing.

• Record it

Make written notes of the times, comments or behaviours and dates the sexual harassment occurred. If you do decide to take further action, you have a complete record of that person’s inappropriate behaviour.

• Report it

If you are experiencing sexual harassment or assault in your workplace, don’t hesitate to report it to your employer or, if that is not productive, to the police.

There will be internal guidelines and sexual harassment policies in your workplace on how to make a complaint to your employer.

• Complain to a Tribunal

If the complaint is not resolved, you may make a complaint to the relevant commission or board in your state or territory or to the Australian Human Rights Commission.

Further Information

What’s likely to happen in Parliament over the next few months?

To become Australian law, the proposed Bill will need to pass through the Senate and the House of Representatives with only nine Parliamentary sitting days remaining this year. It’s likely that there will be several amendments to the Bill before it is passed which, Attorney General George Brandis, believes will happen by December 7, if not earlier.

The vote deciding whether the Bill passes will be a “free vote” or a “conscience vote.”

This means that there will be no direction by the leader of each parliamentary party to Members or Senators to vote in any way on the Bill. It will be a matter entirely for each Member or Senator to decide the way that they wish to vote and to deal with the politics of the way they voted. As there will be no formal sanction, Members and Senators from the same political party may be voting differently from some of their colleagues.

Once the bill has passed Parliament, it will go to the Governor-General, Peter Cosgrove, for the Royal Assent. The commencement date of the Bill remains unclear, however, the legislation must commence within 28 days of Royal Assent.

President of The Law Society of NSW, Pauline Wright, says that the Law Society will scrutinise any proposed legislation and forward its recommendations to the Law Council of Australia to be included in a submission from the national body of the legal profession. Ms Wright said the Law Society has consistently supported the introduction of laws to enable same-sex marriage since 2012 to address discrimination against same-sex couples.

All Australians are entitled to be free from discrimination, to be subject to the same laws and to be treated equally before the law,” Ms Wright said.

Reform is appropriate where there are laws which discriminate against people on the basis of inherent characteristics, such as their sexual orientation or gender identity.

At the same time, it is appropriate that any proposed legislation be scrutinised to ensure that it does not erode other traditional rights and liberties that we presently enjoy.”

Quick recap of the proposed amendments

The proposed Bill has been drafted to:

• redefine marriage as ‘a union of two people’
• introduce non-gendered language so that the requirements of the Act apply equally to all marriages
• enable same-sex marriages that have been, or will be, solemnised under the law of a foreign country to be recognised in Australia
• amend the definition of ‘authorised celebrant’ to include new categories of religious marriage celebrants and certain Australian Defence Force officers
• enable ministers of religion, religious marriage celebrants, chaplains and bodies established for religious purposes to refuse to solemnise or provide facilities, goods and services for marriages on religious grounds; and
• make amendments contingent on the commencement of the proposed Civil Law and Justice Legislation Amendment Act 2017; and Sex Discrimination Act 1984 to provide that a refusal by a minister of religion, religious marriage celebrant or chaplain to solemnise marriage in prescribed circumstances does not constitute unlawful discrimination.

Where to from here?

It’s going to be an interesting few months in Parliament. Malcolm Turnbull and many others in government are eager for same-sex marriage to be legalised prior to Christmas, which means that the first weddings could be taking place as soon as mid-January 2018.

More on BucketOrange Magazine

Love them or hate them, learning to argue like a lawyer is still everyone’s obsession.

It’s not just because lawyers can always identify the appropriate moment to combine
mind-bending reasoning and logic with rapid-fire silver-tongued rhetoric in a way that consistently obliterates the opposition in an argument (although that’s a big part of it).

It’s because lawyers also know that with great power comes great responsibility. Sometimes in an argument – like Aesop’s Fable, The Wind & The Sun – choosing a moderate and persuasive approach can often get you further than force.

The key to a lawyer’s coveted communication arsenal, then, is an acute awareness of personal and professional scenarios with the potential to quickly escalate out of control, and the unique ability to make a snap assessment about the best course of action.

While lawyers intuitively know when to cool their jets by offering considered and conciliatory responses in a negotiation, they also recognise that sometimes not giving any ground and adding an accelerant to an already inflamed situation is unavoidable.

It’s a little-known fact that the ability to argue like a lawyer has little to do with formal legal training and a lot to do with a few key courtroom hacks you can apply to your personal and professional life today.

Arguing a point vs effective communication

Arguing is about point scoring.

At its most cutthroat, arguments can be an ugly excuse to take out the day’s frustrations, air past grievances, jealousies, hurts or regrets by verbally attacking your opponent and, in some instances, leaving them reeling for hours, or even days, after the interaction.

If you want your opponent to accept your point of view, you need to start thinking about your interactions as less of an ‘argument’ and more of an ‘art’ form.

1. The art of persuasion

Lawyers are experts at analysing a lot of information, distilling evidence and getting straight to the heart of an issue.

In a professional setting, there is much to be gained by arguing a point effectively such as credibility, respect, and maybe even a promotion. Personal settings are generally more about compromise.

Most of us don’t respond well to insults or being told that we are wrong. So if your ultimate goal is to convince your opponent that your point of view is correct, aim to be persuasive rather than incendiary.

Lawyer it

Avoid the temptation to jump head first into a no-holds-barred shouting match to let off some steam.

Convincing someone to adopt your point of view is an exercise in patience, persuasion and suggestion. To win someone to your point of view, they must almost believe that they came up with the idea themselves.

Lawyers avoid descending into shouting matches because it’s an opportunity for your opponent to glean potentially sensitive information from you which could be used to your detriment at a later stage.

2. Know your subject matter

A common trap many of us fall into, especially when arguing about something we are passionate about, is to defend our position using every shred of evidence, even irrelevant material and subjective opinions.

These sorts of debates invariably descend into irrational and fruitless arguments that draw on an array of unrelated issues and that leave both people feeling frustrated and in no better position than when they originally started.

Lawyer it

If you want to consistently win arguments like a lawyer, make sure that you prepare.

Law is lyfe.

Wherever possible, good lawyers avoid asking a question in court unless they already know the answer to it. This eliminates the possibility of being surprised by a response that could compromise your case. 

The same logic applies to everyday scenarios.

If you understand your opponent through meticulous preparation, it is possible to anticipate their arguments and apply tactical pressure to win.

This is one of the reasons that lawyers are highly skilled at presenting an effective argument. They consider issues from multiple angles and forecast their opponent’s next move. 

3. Choose your words carefully

Word choice in arguments is more important than most of us realise.

If you want to win a point, wherever possible, avoid unnecessary ‘fluff’ words that carry no real weight or meaning.

Hesitation = annihilation.

This is a red flag to your opponent that you are wavering, unsure of yourself, and that your thoughts are unstructured – something that they can easily use to their advantage.

Lawyer it

Words are like currency for lawyers, so spend yours wisely.

Keep your argument clear and simple, and make your point quickly.

4. Steer clear of your feelings

Emotion is subjective and clouds your judgement which is why lawyers leave it at the door when entering the courtroom. 

They say that about lawyers too :'(

A strong emotional response makes it difficult to present a convincing argument and is also the quickest way to lose an argument. Becoming angry or displaying other visible signs of distress such as flushing, tearing up, waving hands in the air or becoming aggressive are red hot cues to your opponent that you have lost your way and that your arguments have become irrational and implausible. 

Becoming emotional advertises your weaknesses to your opponent, effectively handing them the ammunition needed to focus their strategy and distract you from your core objective. 

Lawyer it

If you have an issue that needs resolving, never start the conversation when you’re tired, cold or hungry. It’s a surefire way to start a conflict, to say something that you regret, or to irreparably destroy a relationship.

Lawyers stay in control by sticking to the facts.

This ability to remain calm, focused, objective and in control of an escalating situation is a unique type of emotional intelligence that comes from years of legal training. It’s also one of the reasons why lawyers are able to navigate high-conflict personal or professional situations with relative ease. 

Try to remove yourself mentally from a situation and stick with the facts, not how you feel about the facts.

Understanding yourself, your unconscious biases and knowing which issues are likely to trigger an emotional response in you is critical. This way you can develop strategies to harness those emotions in a positive way.

At the end of the day

It is the mark of an intelligent mind to be able to entertain a thought without accepting it.” – Aristotle

Some of the best arguments are not actually arguments at all but heated debates in which both people openly share opposing views, and walk away intellectually stimulated having learnt something new.

Lawyers are highly successful communicators because they know when to toe the line by respectfully listening to their opponents and when to bring down the hammer. Wherever possible, avoid emotion, stick to the point and foster a constructive discussion rather than a critical argument. This way, both you and your opponent walk away winners.

What strategies do you use when an inevitable disagreement surfaces in your personal or professional life? Let us know in the comments!

More on BucketOrange Magazine

• Laws Of Conversation: How To Argue Like A Lawyer Vol. 1
• How To Think Like A Lawyer (Even When You Don’t Have A Law Degree)
• WATCH: Our Editor-in-Chief, Sarah Lynch, discuss “Arguing Like A Lawyer” on Today Extra

It’s the most wonderful time of the year!

There is nothing so delightfully raw and primal as watching a group of Australia’s best young lawyers tongue-lash each other at the National Golden Gavel competition.

Hosted by comedian James Smith, the National Gavels, which took place on Friday 20 October 2017, is more than just a hardcore legal industry public speaking event. It’s a battle of wits and a rare opportunity for the industry to let its hair down, to exchange friendly fire (sometimes pointed mud-slinging other times fully fledged, no holds barred attacks), and to see who spars supreme and who cracks in the extreme.

As if the stakes weren’t already high enough for this year’s silver-tongued Golden Gavel State champions, NSW Young Lawyers, who hosted an absolutely flawless evening, decided to up the ante for competitors by sticking everyone on a glass-walled boat cruising Sydney Harbour.

The competition rules are simple:

• Step 1: Receive your topic 24-hours before the National Gavels competition
• Step 2: Try not to have a coronary
• Step 3: Pull together a pithy, witty and ironic speech that stretches the limits of political correctness without compromising a long and prosperous career in the law (40% for humour; 30% for cleverness and originality; 30% for performance)
• Step 4: Comply with a 5-minute time limit
• Step 5: Enter the arena, show no weakness, and as NSW finalist, Floyd Alexander-Hunt’s, mum advised her:

Take down the competition!”

We’ve mentioned previously that the Golden Gavels is a spectator sport held in front of peers, colleagues and industry big wigs (puns are fun).

Poking fun and creating a dialogue around entrenched lawyer stereotypes and legal protocols are welcomed. But contestants must be careful to toe the line without crossing it as Barnaby Grant soon discovered when his light-hearted comment asking “are women people?” resulted in him being gently reminded by The Honourable Justice Lucy McCallum that three out of four competition judges were, in fact, female.

Needless to say, Barnaby didn’t win.

So without further ado, here are just a few of our favourite contestants:

Elly Phelan – Queensland

Topic: Lawyers in a post-apocalyptic world, or how I learned to stop worrying and love the law.

Barnaby Grant – South Australia

Topic: Trial by combat and other good alternatives to modern litigation.

Floyd Alexander-Hunt – New South Wales (represent!)

Topic: Can you imagine a world without lawyers?

Congratulations to Floyd for taking out the Patron’s Choice Award!

Conor O’Bryan – Victoria

Topic: CVs, tender pitches, and other works of offiction.

Congratulations to Conor for taking our the runner-up prize!

Micah Kickett – Northern Territory

Topic: How to speak conversational legalese in one easy lesson.

Huge congratulations to Micah for winning this year’s National Gavels with an epic performance (including rap battle sequence).

In her welcome speech, Renee Bianchi, Law Council of Australia’s Young Lawyers Committee said:

The event is part of the calendar of events of the Law Council of Australia’s Young Lawyers Committee (LCA YLC). The LCA YLC is an advisory committee of the Law Council. It represents young lawyers at a national level and advises the Law Council on issues affecting, and matters of concern to, Australian young lawyers. The LCA YLC is responsible for the coordination of the National Golden Gavel and the Australian Young Lawyer Awards, however, each year they are hosted by a different State.”

This year’s event is hosted by NSW Young Lawyers, a division of the Law Society of NSW. It is wonderful to have this event back in NSW after some time.”

Australian Young Lawyer Awards 2017

The National Gavels also includes the presentation of the Individual and Organisation categories of the Australian Young Lawyer Awards.

Congratulations to this year’s winner, 29-year-old commercial lawyer, James Skelton, who took out the 2017 Australian Young Lawyer Award.

Law Council of Australia President, Fiona McLeod SC, praised Mr Skelton’s contribution:

James is an incredibly dynamic and accomplished young lawyer well deserving of this honour.”

Congratulations to the 2017 Australian Young Lawyer Award (Organisation) winners, the NSW Young Lawyers Human Rights Committee, for its Refugee Assistance Project (RAP).

The RAP provides form-filling assistance to asylum seekers and refugees who are subject to the Fast Track Assessment process and might otherwise find the entire process impossible,” Ms McLeod said.

The RAP has done tremendous work in assisting asylum seekers and refugees to exercise their right to seek asylum.

Bring on next year!

One of the most anticipated events in the legal calendar is the NSW Young Lawyers State of the Profession Address. The evening is an opportunity for members to hear from the Patron of NSW Young Lawyers on issues considered to be important in the practice of law.

This year, the 2017 State of the Profession Address was held at the Law Society of NSW on Thursday,
21 September where The Honourable Justice Margaret Beazley AO, addressed members on a topic at the forefront of every Australian lawyer’s mind – “Law In The Age Of The Algorithm.”

The law is not immune to technology

Algorithms are present in our day-to-day lives and (perhaps in spite of wishful thinking by many lawyers), the law is not immune to the influence of technology.

Justice Beazley suggested the challenges for the legal system and the legal profession are twofold:

1. keeping up to date with new technologies
2. using technology to serve clients and further the administration of justice.

The second point is fundamental to the efficient and effective administration of the legal system.

For young Australian lawyers:

As a generation of legal practitioners who are likely to be most impacted by these developments, your challenge will be to ensure that technological change supports the administration of justice and the rule of law and does not supplant it with concepts that are alien to our rich legal tradition,” Justice Beazley said.

Changing nature of the legal workplace

The changing nature of the legal workplace is reflected in flexibility and connectivity.

Justice Beazley considered how technology has brought about change by aiding communication and legal research and also because it knows no borders. Her Honour observed that this has enabled globalised legal practice that has connected offices around the world in ways that couldn’t be imagined a few decades ago. Amalgamations between Australian and London-based firms, for example, as well as several London-based and American firms opening offices in Australia has impacted the type of legal work undertaken. It has also intensified competition for partnerships and increased the pressure and expectations placed on associates.

While technology has positively changed the face of the modern legal workplace – by giving lawyers the freedom to work anywhere and anytime – this freedom often manifests more like a trap that sees us working everywhere, all the time.

There is a story … of a lawyer on a family holiday on a yacht in the British Virgin Islands precariously clinging to the mast to gain enough reception to send a final message to the firm back home. It is reputed that there are competitions where lawyers compete for the most exotic place from which to clock up billable hours – the base camp of Kilimanjaro being one particularly notable entry!” Justice Beazley said.

Justice Beazley reflected on France’s legislation that prevents employers from contacting staff after working hours. Her Honour considered that this approach would not be an obvious reform that would gain traction in Australia.

New mechanisms for legal advice

Described as the ‘death adder leaning over the lawyer’s shoulder,’ Justice Beazley also talked about the new buzzword which will have an impact on legal work and jobs – artificial intelligence.

Whilst the ‘grad’ won’t become obsolete, the day-to-day activities of graduate lawyers will undergo a significant shift as many of their tasks become automated,” Justice Beazley said.

Her Honour considered that it will be difficult to predict the full impact of AI on the legal profession. A few examples of recent developments include ‘smart contracts’, automated due diligence programs, programs to help drivers challenge parking fines, programs to assist people claiming refunds for delayed flights, programs to apply for emergency housing, and programs to assist people claiming asylum.

Online dispute resolution models that do not require the assistance of a lawyer are being promoted as a quick and effective tool to resolve disputes and to increase access to justice for the ‘missing middle’ cohort of Australians who cannot afford legal representation but who do not qualify for legal aid.

Last year, the Australian government provided funding to National Legal Aid to look into creating an AI system for divorce proceedings. Graham Hill, National Legal Aid chairman, estimates that 20% of all family law disputes in Australia could be resolved using online dispute resolution. The benefit of this approach would be to save time and money and, if implemented:

This development would free up judicial resources to be used for difficult disputes and in cases where the legal principles need to be established or clarified,” Justice Beazley said.

Facilitating procedures in court

Technology is changing the face of court procedure and processes. In particular, the administrative functions of the court, pre-trial procedures and the hearing process have been impacted.

Some examples Justice Beazley touched on include online filing, e-discovery and document management, electronic courtrooms, video links in criminal matters, and the use of safe rooms from which vulnerable witnesses may give evidence.

Some of the challenges associated with the use of technology in the court system include the extent to which parties are able to navigate technology; and the cost of technology as well as the time and cost involved with training judges to use it.

Impact of technology on the development of law 

For lawyers, one major challenge is to understand the suite of new legal problems arising from technological innovation across industry, commerce and social communication. For example, the unique legal issues associated with multi-national corporations minimising or avoiding exposure to tax obligations, the implications of blockchain technology and crypto-currencies such as Bitcoin.

Last month, the Australian government announced plans to regulate Bitcoin through anti-money laundering laws and, earlier this year, Japan became the first national government to adopt this approach. This makes Bitcoin exchanges in Japan now subject to audits and other anti-money laundering safeguards.

The legal issues which are thrown up by these developments are tied to algorithms – the entire Bitcoin currency is built on them! There will be no choice but for the lawyer in the third decade of this century to understand the implications of algorithmic technology. The refrain of the 20th century lawyer ‘I did law so I didn’t have to do maths’ will be as archaic as the penny farthing bicycle was at the beginning of the 20th century,” Justice Beazley said.

The human cost

Her Honour observed that the role of the court is foundational to society and that robots, on their own, will never be able to achieve this.

Individuals need to feel that they are treated ‘fairly’ in their interaction with the legal system. Fairness in this context is not only in the outcome of their case or resolution of their issue. It is the human need to be listened to,” Justice Beazley said.

To sum up

This year’s State of the Profession Address by The Honourable Justice Margaret Beazley AO, raised a number of fascinating opportunities and challenges to the current practice of law in Australia, and forecast a range of ways in which technology is likely to impact the future of the profession.

Technology, AI and robots do have their limitations and, as such, can never replace the human element which is fundamental to the effective function of the legal system and access to justice. Technology is, however, likely to change the nature of the role of Australian lawyers by streamlining current legal processes and enhancing the administration of justice.

Yes, the future is uncertain … but this means that it is full of possibilities.

To young lawyers, Justice Beazley says this:

You are uniquely positioned at the forefront of this new era of law and lawyering, it will be you who will get to determine what the future looks like.”

She added a cautionary note regarding the challenge in embracing algorithmic technology, which will be to recognise the inherent limitations of it and the need for human involvement and monitoring.

Personally, I think that the future is something to be very excited about.

Watch the Honourable Justice Margaret Beazley AO’s full State of the Profession Address below:

How do you think technology is impacting the practice of law in Australia? What challenges or opportunities have you observed? Let us know in the comments!

We’ve all been there.

Feeling wrecked and disorientated after staying up until 3am completing last minute packing before a major international trip that same morning. Arriving late to the airport, you’re faced with filling out an outgoing passenger card including your name, flight number, intended destination and duration of your trip as an enormous queue snakes around black ropes, incrementally lurching forward at Sydney International Airport’s departure area.

Invariably, the build up of tension and stress in the days preceding your big adventure, combined with the frantic struggle to find your pen and passport at the bottom of your backpack, and the awkward aerial acrobatics (one part crouching tiger pose, one part drunk uncle) you perform while filling out the card kick things off to a less than ideal start. As you complete your details against the unstable and lumpy surface of a friend’s back, periodically stepping forward as the line inches closer to customs officials, you collide with an irritable traveller agitating for the top of the queue.

The tiny boxes are laughing at you.

One imperceptible lapse in concentration later and you instantly transform from a perfectly respectable, travel-happy human named “Sarah Lynch” to a lumbering, constantly ravenous, tuck shop lady named “Sarah Lunch.”

Do not pass go. Do not collect $200.

Back you venture to the end of the line where you fetch another card and resume the heinous airport shuffle.

Nightmare, right?

Well, no more!

From 1 July 2017, the Department of Immigration and Border Protection is removing the requirement to endure those insufferable tiny boxes as part of a move towards more efficient and streamlined process for travellers.

The Minister for Immigration and Border Protection, Peter Dutton said:

The automated process will add to existing state-of-the art passenger processing technology at our border and will help reduce queuing times and get travellers to their destination more quickly. Removal of the outgoing passenger card further supports the move towards a more seamless, secure and simplified border clearance process.”

The information previously gathered on paper-based outgoing passenger cards will now be collated from existing government data and will continue to be provided to users. Re-using this data is just one of the measures being taken by the Government to reduce the burden on Australians and international visitors to provide the same information multiple times.

While arriving travellers will still be required to complete the orange incoming passenger card, the removal of the outgoing passenger card is considered a positive move towards the continued smooth passage of increasing traveller numbers departing Australia, which last year numbered 40 million.

High five!

There are few degrees that equip you for life like a law degree.

At its core, legal work focuses on untangling the inevitable complexities of life that often arise through everyday human interactions.

But legal training doesn’t commit you to a narrow career pathway – just because you study law does not mean that you are fated to be a lawyer. It’s a degree that opens up limitless career options and that prepares you to negotiate the challenges of life like a champion. Effective communication, strong problem-solving skills, thriving in pressure-cooker scenarios and the ability to engage in automatic risk assessments in any situation are just a handful of the enviable life skills you acquire with a law degree.

Well-placed cynicism

Law teaches you to look beyond the surface.

Lawyers can effortlessly identify the motivation behind actions of world leaders, factual deficiencies in news stories as well as the broader social impact in hidden political agendas.

Using methodical logic and reasoning, a law degree helps you think for yourself and dig deeper to uncover real issues. With sharpened analytical thinking, you become no longer happy to accept the status quo or satisfied in taking information fed to you by media, family, friends or colleagues at face value. 

Healthy narcissism

The more legal training you possess, the more you come to relish the sound of your own voice.  

You may even impress yourself with arguments you dream up on the run.

Since legal work often requires you to think on your feet, make inferences from complex facts and make snap decisions about a person’s character, you draw great comfort and satisfaction from knowing your own mind and trusting your judgement.

Effortless ability to express yourself 

A law degree teaches you how to have an opinion about everything.

Nobody argues with a lawyer. Not just because legal opinions are generally informed but also because lawyers know how to express ideas or facts using the correct terminology.

Having an informed opinion on any subject is also an exercise in personal empowerment. An understanding of your everyday rights means that you become unwilling to compromise your best interests under any circumstances. A boss who implements an unfair uniform policy or who turns a blind eye to sexual harassment, for example, can expect a strongly-worded letter from you to the Fair Work Ombudsman, or worse, a civil suit.

Problem solving

There is no problem that is unsolvable with a legal brain.

No matter the circumstances, life is about always having a solid exit strategy. Studying law expands your arsenal of life skills by giving you the ability to adapt to shifting landscapes, to work with available information, and to make watertight backup plans.

Experience an issue with your landlord? Take it to your state or territory rental board. Received an unfair parking fine because the sign was obscured? Appeal it to your local council. In any sticky situation, you can “MacGyver” your way to a solution with your mind. 

Futurist 

A law degree is essential if you want to minimise the risk of a legal snafu.

Lawyers have a nose for situations with the potential to escalate out of control.  

Humans are awkward, scared and fallible creatures that are prone to acting on impulse or raw emotion and making split-second errors in judgement. Legal training shines a high-intensity spotlight on those frailties, helping you to learn from others’ mistakes when negotiating your own life.

Mental fortitude under pressure

A law degree gives you a thick skin.

Although recent studies show that lawyer jokes have a comparable effect on the body to physical pain, for the most part, casual insults, pointed comments, eye rolls or derogatory comments from friends about “how lawyers are the worst” actually galvanise your emotional armour (and guess how fast those friends change their tune when they find themselves in legal strife?).

The ability to remain calm, focused, objective and controlled is a unique type of emotional intelligence that only comes from years of legal training. It’s a skill that is essential in navigating high-conflict personal or professional situations with ease.

Reading & understanding complex documents is a breeze

Applying for a British passport? Seeking a work visa in Canada? Want to know how Twitter’s new Privacy policy will affect you?

Allow me to dramatically skip to the important parts

Legal training creates an elaborate, almost labyrinthine, neural network that craves any opportunity to skim, analyse, digest and understand the content of a document under pressure.

Say goodbye to the days of being taken advantage of by organisations which slide unfavourable terms into the fine print of contracts.

More dateable than doctors

The law may not always be sexy but, according to a recent study by dating app, Happn, lawyers have managed to work their way onto most people’s “would date” list.

Because using Latin phrases to look smart is our modus operandi

In a study of 2.9 million users, being a lawyer was ranked as the most attractive profession among both sexes, even above doctors and engineers.

Career options

Employers look favourably on applicants who have a legal background.

If working overseas is on your bucket list, a law degree can open doors. Australian Volunteers International (AVI) and other government volunteer agencies are always looking to recruit qualified Australians to work in developing countries in a legitimate skill-sharing capacity. It might even be your dream role at an international human rights organisation.

Conclusion

Whatever the reason for studying law – whether for personal or professional development goals – the skills you acquire over the course of your degree are guaranteed to stand you in good stead for the rest of your life.

You might think that the concept of lawyers being funny is a bit of an oxymoron.

But this year’s NSW Young Lawyers Golden Gavel competition, referred to by the Hon. Justice Margaret Beazley AO, as the “Eurovision of the legal profession” absolutely de-liv-ered.

The Golden Gavels is a highly anticipated industry event hosted annually by law societies around the country. Young Australian lawyers voluntarily sign up to compete in this hardcore public speaking battle. It’s a spectator sport that takes place in front of literally every key industry player who can make or break the careers of competitors – peers, colleagues, legal industry leaders as well as a panel of esteemed judges.

NSW Golden Gavel Awards 2017 @ The Westin Sydney

We liken it to tossing a handful of unsuspecting young lawyers who, perhaps, aren’t fully aware of what they have signed up for into an ancient combat ring – a cross between Gladiator and Clash of the Titans. But, rather than wielding swords, these slaves to the law have only one weapon at their disposal – their tongue.

Impress the crowd with your intellectual prowess and superior word wrangling skills and you survive to climb the corporate ladder another day. Fail to meet the bar set by your fellow competitors (or worse, “choke” on competition day) and, as Peter Clayton puts it in his opening remarks below, you can expect “another 5 lawyers coming up your rear.”

To raise the stakes even higher, contestants are not given a number of months, weeks, or even days, to train before entering this legal Colosseum of sorts (held this year on Friday 19 May at the Westin in Sydney). No, in this ultimate test of razor sharp wit, smarts and professional mettle, speakers are propelled into the ring less than 24 hours after receiving their assigned topic – usually, a blend of current affairs/pop culture and the law.

The rules are simple – argue your topic convincingly, win the crowd over with your effortless charm, keep your argument to 5-mins and, most importantly, entertain!

Sounds easy, right!?

Introducing just a few of this year’s brave contestants:

Stephen Ke, Bartier Perry

Topic: We’re going to win so much, you’re going to get tired of winning  – responsibly managing client expectations.

Key quote: “I’ve been managing expectations my whole life … mostly my parents’ …”

Suvan Madan, Dentons

Topic: That wasn’t perjury, that was an alternative fact.

Key quote: “I only bill for the exact amount of time I spend on matters … alternative fact.”

Rhea Thrift, King & Wood Mallesons

Topic: Modernising the bar – out with the wigs and in with …

Key quote: “I’m hoping that one day the modern barrister may even look something like me – a short, curly-haired female Novocastrian, who enjoys sinking tinnies, with a loud voice and a big dream.” 

Vince Ripepi, Lander & Rogers

Topic: Lawyering in a post-truth world.

Key quote: “Post-truth is not letting the actual truth get in the way of a good story.”

Runner up 2017, Emily Aitken, Seyfarth Shaw Australia

Topic: Error! Bookmark undefined – embarrassing little mistakes we all make.

Key quote: “While always embarrassing, there’s nothing little about mistakes … just think about the career ending consequences of the mistake that every person who appears in the ‘dress to impress’ section of the Law Society Journal makes.”

Sparke Helmore Lawyers’ People’s Choice Award Winner 2017, Peter Clayton, Office of the Director of Public Prosecutions 

Topic: Lies everyone tells about their law job.

Key quote: “Every workplace has its fair share of dead weight, and if you think that your office doesn’t – guess what – it’s you!”

Floyd will go on to represent NSW at the National Golden Gavels on 20 October 2017 in Sydney.

Tickets and the full program will be available from 15 July 2017.

For more information, visit the NSW Golden Gavel Facebook page.

And that draws to a close another killer Law Week.

Until next year!

Sound the trumpet and bang the drums, because National Law Week is here again from 15-21 May 2017.

Law Week is an opportunity for the legal industry to celebrate and promote a better understanding of the law and legal processes to the general public. But it’s not a unique activity, as similar celebrations centred on the promotion of the rule of law also take place internationally in May.

Celebrated each year on 1 May in the United States (today for Australia), Law Day is a day in the legal calendar set aside exclusively to celebrate and recognise law as the glue of American society as well as its fundamental role in maintaining law and order and providing a solid foundation for the United States to become a powerful world leader.

First recognised by President Eisenhower on 5 February 1958, the first day in May each year has since been celebrated as Law Day. Eisenhower said:

In a very real sense, the world no longer has a choice between force and law. If civilization is to survive it must choose the rule of law. On this Law Day, then, we honor not only the principle of the rule of law, but also those judges, legislators, lawyers and law-abiding citizens who actively work to preserve our liberties under law.”

Local bar associations and legal education organisations in the United States now use Law Day to promote legal education for students.

Each year in Australia, every State and Territory’s Law Society and the Law Council of Australia actively promotes the law and legal education during Law Week. It is celebrated across Australia to further an understanding of the law and its role in society as well as to raise awareness in the community about how to access legal services and advice.

A broad understanding of the law, Australia’s Constitution, the role of government, the parliament and the court system is critical to an appreciation and respect of Australian law and its role in protecting our democratic way of life.

Although it is not an official government holiday, isn’t it about time that the Australian government started strongly supporting initiatives like Law Week which nationally recognise the rule of law, advance access to justice and educate the public about the law’s pivotal role not only in Australia’s history of Federation but also our current legal system? Dedicated national legal education days, like Law Week, are an important tool for raising public interest and awareness around the law and legal issues.

Naturally, since we love love love love (LOVE!) the law, we’re 100% behind Law Week. It’s why we’re in the business of social impact legal publishing – to entertain, empower and inspire young non-lawyers about their everyday legal rights – not just for one day, or one week, but 365 days each calendar year.

So let’s help non-lawyers to see the law, less like an arbitrary and unattainable set of principles available only to a privileged few, and more like an easily intelligible part of everyday life that’s accessible to everyone.

Will you be participating in Law Week 2017? Let us know in the comments!

Further Information

To see a full list of Law Week 2017 activities (15-21 May 2017) happening in your State or Territory visit:

• ACT Law Society – Law Week
• Law Society of NSW – Law Week
• Victoria Law Foundation – Law Week
• Queensland Law Society – Law Week
• Northern Territory Law Society
• Law Society of South Australia
• Law Society of Western Australia – Law Week
• Tasmania Law Society

Three days ago, April 8, marked a day that will live on in the hearts and minds of Empire Records fanatics the world over.

A day in 1995 where kids rocked out to AC/DC at work:

When everybody said the first thing that came into their head:

A time when it was still okay to tell someone they had terrible taste in music:

When Renee Zellweger danced in an apron, putting the colour o-range firmly on the map:

A period when crashing live newscasts to stop treasured record stores from closing was advocated:

When bringing Rex his lunch was the ultimate teen dream:

And, most importantly, when Rex Manning rocked a pirate shirt while sashaying his hips in a way that made smart girls stupid:

That’s right, it was Rex Manning Day!

But today, April 11, marks an equally important date in history.

A day that it took until 2017 to officially recognise as

INTERNATIONAL BE KIND TO LAWYERS DAY!

Yes, we’re yelling

By all accounts, it’s a day meant to recognise all the lovely clever things your lawyer does for you. Whether it’s your partner, sibling, parent, friend, co-worker, boss or hired lawyer, consider holding off on the lawyer jokes for 24 hours and telling them something nice that puffs their ego. It’s an easy way to get involved and, for once, it costs you nothing!

NB: Suggest complimenting their brilliant legal mind.

However you choose to celebrate that special law student or lawyer in your life, at the very least show them some love by shouting them a gin & tonic tonight.

It’s only Tuesday, but Lord knows it’s already been a long week.

How are you planning to celebrate International Be Kind To Lawyers Day? Let us know in the comments!