In this month’s issue of BucketOrange Magazine, we sat down with Elodie Cheesman – a young lawyer, writer, and author of the new novel Love, In Theory to talk about ambition, creativity, and building a life in the law.

Keep your eyes glued to our Instagram feed early next week when we’ll be GIVING AWAY a copy of Elodie’s book to two lucky readers!

Your first novel, Love, In Theory, has just been released this month. Can you tell us a little about the storyline?

“Love, in Theory is a romantic comedy about a 24-year-old lawyer, Romy, who learns that she is at her ‘optimal stopping point’ (the mathematically designated point at which one should select the next ‘best person’ who comes along in order to have the best chance at happily ever after). Highly analytical and data-driven, Romy decides to get serious about her love life … by applying academic theories about love to her search for the perfect person. What could go wrong?”

Like the main character, Romy, you’re also a lawyer based in Sydney. Is the book inspired by any experiences from your own life?

“Love, in Theory is definitely fiction, but I did draw on my experience of navigating Sydney’s dating scene in my early twenties – the feelings of excitement and uncertainty, and wishing there was a formula or guidebook to help me in my search. I was also inspired by the world of big commercial law firms in Sydney; though thankfully, my actual experience of that world is very different from Romy’s!”

Can you tell us a little about your career pathway to date? 

“After completing my undergraduate law degree in Sydney and a BCL at Oxford University, I started as a graduate lawyer at a large commercial firm in Sydney. After a few years I took a leave of absence to work as an Associate to the Chief Justice of the High Court of Australia, after which I returned to the same firm. I work in the areas of general commercial litigation and dispute resolution, and administrative and public law.” 

Have you always wanted to write? Do you find it easy to access your creative brain after a long day at the office?

“I have always loved reading and creative writing, and it was a long-held dream of mine to have a novel published. It can definitely be difficult to muster the enthusiasm to write after a long day at the office – like physical exercise, it’s one of those things that is really invigorating once it’s done or underway, but requires a fair bit of effort to get started. I’m much more inclined to turn to Netflix after work, so I tend to write in the mornings or on weekends when I’m feeling fresh.”

How long did it take you to complete your novel, and how have you managed to balance full-time legal work while doing so?

“It took about 18 months to complete the first draft of Love, in Theory, and a couple more years to revise and find an agent and publisher. I balanced writing with full-time legal work by chipping away at my novel in the mornings before work. Slow and steady!”

Do you have any plans for a follow-up novel? 

“Yes, I’ve started work on another novel – another romantic comedy!”

What advice would you give other aspiring writers?

“My advice would be: Don’t wait for permission, a bolt of inspiration or the ‘perfect conditions’ to write – just start, and find out by trial and error what works for you. This might involve setting aside 15 minutes each day to jot down thoughts to develop into a story, signing up to a creative writing course or writers’ group for some external accountability and encouragement, or starting with shorter-form pieces … whatever enables you to flex your writing muscle!”

Elodie’s book, Love, In Theory, is available to purchase now through Pan MacMillan Publishing.

I race into the office at 9:07am, applying the final touch of lipstick and making sure I had brushed off the crumbs from my suit (breakfast in the car). And there was my peer, let’s call him Ben, diligently and peacefully working away with big Bose headphones on. He had evidently been at work for a while already, at least long enough to have finished his large long black.

And so my day started – just like any other day at the law firm – madly whizzing through the work as if the Looney Toons Tassie Devil had a law degree.

At 4pm I start to feel the anxiety building. I had got through a few of the super-duper-urgent tasks already, but I was not going to be able to even think about the very-overdue-but-client-not-chasing-us things. I need to leave at 5pm. It is non-negotiable. Daycare closes at 5:30pm. Those tasks will have to go on the backlog, again and again, until they bubble up to the top of the to-do list.

But Ben will keep working away, until 7:30 or 8 in the evening. Clocking up his standard 11-12 hour day, staying largely on top of the backlog, and free to go on that business trip to Melbourne or Tokyo.

At some point – when I stepped out of the tornado – I realised that I couldn’t compete with Ben on billable hours. I couldn’t even get close. I had daycare pick up, sleepless nights, breaks to pump breastmilk, weekends full of playdates and swimming lessons.  I didn’t see how I could possibly squeeze in the extra 20 hours of work to keep up. Maybe I could, but it would probably be from getting 3 hours less sleep each night – and that was premised on the very perilous assumption that my small children would actually stay asleep at night. Or I could spend an extra $20,000 a year on nannies to buy me a few extra hours at work. In any event, I would burn out pretty damn fast.

But then things became clear …

Working longer and harder simply wasn’t my competitive advantage anymore.

I needed to find what I could do to “add value”, that didn’t involve an arms race of 6 minute increments. So instead I decided to aim for what I could do: I could be efficient. I could become a leader of a team. I could train and develop young lawyers. I could be a creative problem solver. I could use technology to my advantage. I could have innovative ideas. I could recruit great people to the business. I could develop my strategic vision. I could make meaningful connections with clients.

In fact, what I had seen as a terrible constraint – having to leave at 5pm – was actually a powerful transformative force. It propelled me to explore what my competitive advantage is. It has helped me start developing the non-legal and ‘soft’ skills which make me a more well-rounded and high-performing employee.

It is also ‘future proofing’: many of these attributes are the trending skills in demand for 2022 (lawyers are listed as a “redundant role” for the future). 

Are you doing something that allows you to have the most impact? Step back from the “busyness” of life and consider what your competitive advantage is. You may have more to contribute than you realise. 

by Ingrid Bremers

Ingrid Bremers is a corporate lawyer and mum of two based in Canberra, Australia. Ingrid is also the Company Secretary of Campbell Street Children’s Centre. Her work has been featured in Governance Directions, Women’s Agenda, Mamamia and The Pulse.

by Elias Tabchouri, Principal Lawyer at Macquarie Law Group

As a lawyer accustomed to spending every working day in court I sit contemplating what the future holds for the legal industry. What is not in dispute is that the legal industry is an essential service and therefore must continue. The way it will proceed is the real question that many of us are still coming to terms with.

Different areas of law offer different challenges and solutions for the lawyers that practice within them.

Technology allows most lawyers to work on most of their matters from home. The days of requiring face to face meetings have been replaced by any number of different audio visual programs, alleviating the need to be in one room.

Lawyers that practice in areas that centre primarily on drafting contracts and agreements will find working from home a fairly simple transition of what they already do in their offices, to their homes.

All resources required are available electronically, as the days of requiring access to books left us some time ago.

In theory, then it seems that all can go on smoothly, or so it seems.

The courts have now implemented procedures wherein physical appearances are now the exception rather than the rule. All jury trials have been vacated in all jurisdictions. Local court hearings for defendants on bail have been vacated. All mentions and adjournments are essentially being done electronically without the need for lawyers to attend court.

There is currently being put in place procedures for lawyers to attend to matters requiring argument in court to be done via audio visual capabilities, with all parties in different locations.

Even the High Court has decided that it will not hear cases until August 2020.

We live in a different legal world. What the future holds will be dictated by what happens in relation to the COVID-19 virus. Lawyers, like the rest of the community, are now in the greatest fight they have seen in 100 years.

The industry will rationalise and probably make changes that will become the norm well after the virus is gone.

About the author

Since the start of his legal career, Elias Tabchouri has practiced in a number of areas of law including Criminal Law, Commercial Law, Property Law, and Family Law.  Elias founded Macquarie Lawyers in Parramatta with partners in 1998. In 2006, he left the partnership and opened his own branch office in Burwood called Macquarie Law Group. An expert primarily in criminal law, Elias has been recognised as an accredited specialist in the area by the Law Society.

Recent research has shed new light on the critical importance of providing mentally healthy workplaces for business professionals in 2019.

New data from the Australian Bureau of Statistics reveals that mental and behavioural health conditions were the most prevalent chronic illnesses recorded throughout Australia in 2018, leaving more than four million Australians suffering from anxiety and depression.

With workplace mental illness costing the economy over $60 billion per year, it’s time that Australian businesses start to focus on investing additional resources on the development of effective mental health workplace strategies.

Founder of Breathing Space Counselling Practice, Gabriel Edwards, says

CEOs and executives have the greatest influence and impact on the state of an organisation’s mental health and wellbeing, and are rightly required to drive the many mental health initiatives being rolled out across a growing number of organisations.”

In many organisations, however, ongoing stress, late nights and a lack of adequate support can contribute to poor mental health outcomes for senior staff and leaders. Research shows that CEOs and Executives are loathe to utilise standard company EAP services when (not if) they need support. They don’t trust the confidentiality of a company-wide counselling service – an irrational but understandable fear – and they lack confidence in the ability of some call centre counsellors to understand the unique context that Business Leaders live and work within – a reasonable assumption. However, Ms Edwards says:

The top team must live and breathe a commitment to the principles that support and enable positive mental health … they’re the role models for all values and behaviours throughout an organisation.” 

The Australian Government and Productivity Commission have confirmed the importance of exploring the role of mental health in the Australian economy over the next four years as well as the most effective ways to support and improve national mental wellbeing.

I welcome the recent wave of awareness and support for mentally healthy workplaces. The discussions, the programs, and funding being applied to creating mentally healthy workplaces is encouraging, especially given Australia’s concerning suicide rates. But I worry about the gap in support and resources for our top-tier leaders” says Ms Edwards.

Having provided support and treatment to senior leaders and CEOs across Australia, Gabriel Edwards is well-versed at creating healthy work environments, starting with the CEO and Executive team:

As a counsellor specialising in working with high performing professionals in the business arena, I provide a safe confidential space for leaders to drop the game face. To stop, check in, and reflect on the state of their health, their relationships, and their peace of mind.”

Breathing Space offers an exclusive counselling service and a range of resources to Boards,
CEOs and their teams:

• One on one confidential counselling for issues such as depression, anxiety, grief, anger and career transition, as well as coping with the pressures of work when faced with a life crisis such as divorce, death of a family member, illness etc
• 24 hour on-call crisis counselling
• Crisis debrief for individuals and Leadership Teams
• Coaching leaders to manage crisis situations with employees
• Regular tactical debriefing for leaders managing complex high profile issues/crises
• Developing robust leadership team mental health: developing values, creating positive relationships, conflict resolution etc.
• Bespoke learning experiences and resources to address issues and topics specific to the team and/or the organisation
• Creating mentally healthy workplace strategies – starting with the leadership team
• Tracking and Reporting team and organisation issues and trends.

Into the Wild

In September every year, Gabriel runs a Leadership Mental Health retreat called ‘Into the Wild’
specifically designed for Leaders. Into the Wild embraces and explores the following core belief
within a natural wilderness setting:

You are more than the job you do each day…more than the next deadline, project or
problem. When we embrace this truth, we become better professionals!”

Further Information

For a confidential counselling session, contact Gabriel Edwards, Founder and Principal Counsellor at Breathing Space:

• Phone: +61 4085 56264
• Email: space@gabrieledwards.com.au

Gabriel Edwards possesses strong counselling skills and 25 years senior leadership and Board experience across the private, public and NFP sectors.

What power does a logo hold? You may see hundreds in a day, yet only a handful are visually compelling enough to stick with you for longer than a moment. Particularly for industries that are not design-focused, logos can seem like an afterthought. That’s often the case in the legal world where firms tend to stick to a tried and true formula: a name in a “no-nonsense” typeface, usually rendered in a single, solid, muted colour. But don’t be fooled by this utilitarian theme: a logo still says much more about your firm than you may realise.

The colours chosen for a logo significantly influence our subconscious perceptions. When you consider that 93% of purchasing judgments are made on visual perceptions, it’s no surprise that colours can subliminally convince prospective clients that your firm is the best choice out there.

To unpack the psychology behind a firm’s colour scheme of choice, 99designs analysed a range of design projects created on the platform to identify the logo colours and brand traits preferred by legal industry clients. We then compared these against the colours that global industry leaders use to figure out what’s going on behind the scenes of some of the world’s biggest firms. Whether it’s giving off an air of quiet sophistication or promoting power, youth and vitality, here’s what the colour of your logo says about your law firm.

Keeping it simple 

It makes sense that lawyers want to be perceived as professional, discreet and sophisticated, so it’s no surprise that an austere, minimalist aesthetic features heavily in the logos of leading law firms.

These top firms have a preference for logos with a single dominant colour, and either a neutral secondary colour or no secondary colour at all. When secondary colours are used, they’re usually neutral: think black, whites and greys that let the dominant colour do the talking.

Smaller firms are more willing to experiment with wider and wilder colour palettes, branching out in hues of two or more different shades. For younger or more niche firms this could be a way to communicate a more progressive and modern edge.

Modern classics

Often, there is a tug of war that occurs over how law firms perceive themselves, and how they wish to be perceived by potential clients.

Somewhat contradictorily, firms tend to have a preference for coming across as both classical and youthful. This can, in part, be put down to a desire to impart a sense of modernity amid the years of history and tradition that underpins the legal industry.

The colour red

The relative popularity of red in legal logos may be attributed to a desire to inject a sense of vigor into the staid tradition of the legal profession. Almost one-fifth of 99designs clients and legal industry leaders opt for this vibrant hue in their branding. It’s a passionate colour, and one often associated with youth and vitality. It’s also a colour signifying power and carrying connotations of strength and victory: a suitable signifier for the adversarial nature of the legal profession.

Blue is the professional’s choice

Among 99designs’ legal clients, blue comes out as favourite making an appearance in 63% of legal logos. Light blue signifies trust and dark blue represents professionalism, so it’s little wonder that this colour palette is popular with firms looking to add a touch of sophistication and credibility to their operations.

However, blue isn’t just the most popular logo colour choice for legal clients – it is a favourite among all industries.

The below graph compares the most popular law firm logo colours among 99designs’ legal clients, legal industry leaders and across all industries.

Data visualizations designed by MH Designs.

The colour black

Black is another popular choice: present in just under a fifth of legal logos. The colour is sleek, modern and commanding: everything a top-tier firm should be.

The colour green

Green is another popular choice, appearing in over a quarter of legal logos created on 99designs. It’s a versatile colour that is vibrant and youthful, but still signifies growth, rebirth and prosperity.

Choosing the right colour for your firm

So now that you understand the importance that colour plays in the perception of your firm, how will you create a logo that fits with the image you want to portray?

The design and colour scheme of your logo will come down to your firm’s unique personality and brand.

If your brand veers towards masculine rather than feminine, colours like brown and dark blue will reflect this to prospective clients. If you’re looking to hit a serious tone in your branding, consider colours like blue and black to give your firm a sense of gravitas. These colours also project luxury and sophistication. If you’re looking to appeal to a mature market, dark blue is a no brainer.

If you seek to inject a sense of freshness and modernity into your firm’s culture, opt for green hues. However, if you want to stand out from the crowd, a powerful, red will convey power, energy and vitality.

In an industry that favours rationalism and reasoning over impulse and intuition, even the simplest logo has the powerful ability to appeal to the subconscious emotional responses of other legal industry players, as well as future clients. Intentionally or not, your law firm’s logo speaks volumes about how your firm is perceived, and it is a decision that should be made with care.

This week we caught up with Sam Flynn co-founder of Josef Legal to talk legal innovation, law tech and how his new legal chatbot builder, Josef, is set to increase access to the law for the general community.

What is Josef and how does it work?

“Josef is a digital lawyer backed by a chatbot builder.

On our no-coding-required platform, legal organisations can build and launch their own chatbots without the need for expensive developers. These chatbots can help people resolve a legal problem, including by preparing a personalised document for them (such as a letter or agreement). Because all of these interactions are automated, it allows legal organisations to provide their services at scale.”

How did the idea for the platform first come about?

“Josef was borne out of a meeting in late 2016 with the heads of the major community legal centres in Australia. We were invited to help figure out how technology could be used to deal with access to justice issues.

The answer that we arrived at was a legal chatbot that could provide legal information and assistance to help people resolve their own legal problems.

That soon evolved into a chatbot builder which any legal organisation could use to build their own bot.”

What problem has Josef been developed to help solve?

“Josef was developed to bridge the access to justice gap.

This problem is demonstrated by the fact that of the 8.5 million Australians who face a legal problem every year, only 4 million seek any kind of legal assistance. The problem is worse in the US and the UK, where we are also operating.

For our business clients (such as law firms), this also represents an enormous latent market and an extraordinary opportunity which can be captured by using Josef to automate and scale services, streamline their organisations and connect with clients.”

What is Josef’s potential utility for community legal centres and law firms?

“Josef’s utility is to allow legal organisations to automate and scale legal services, streamline their organisations and connect with potential and current clients.

For community legal centres, this allows them to help as many people as possible, particularly in the face of a disconnect between increasing demand and decreasing funding. For law firms, this allows them to help more people while also letting them access a huge, unaddressed market, which in the US alone is valued at USD$50B.”

How can members of the public use your technology to find legal answers and who ensures the accuracy of legal information supplied?

“The content of the chatbots is developed by the community legal centres and law firms that build them. In this way, Josef brings expert legal knowledge to end users.

At the moment, all chatbots will be launched by the community legal centre or law firm, such as onto their website.

The first chatbot that has been launched on Josef is Health Complaints Assist.

This is a free chatbot which helps users make a complaint about health services, including by automatically drafting a letter for them! This chatbot is improving health services, one experience at a time, and could help thousands of people each year.”

What sort of reception has Josef received among the legal industry? Has the response surprised you? 

“We have had an extraordinary response from the legal industry.

In a few short months, we have signed up clients across Australia, the US and the UK, from CLCs to a large fintech company in New York.

Some people have found this surprising, because the legal industry is renowned as a conservative industry. However, we think it makes perfect sense given the ongoing conversation about the need for the legal industry to technologise and modernise and the fact that it doesn’t make sense that so many people are not getting the legal help they need.

We have the legal expertise, and now we have the technology, so why wouldn’t we help them?”

What are a few long-term goals that you would like to achieve?

“In the long-term, we want to change the way that legal services are provided to ensure that people get help whenever and wherever they need it. We want to get to the stage where people who have a legal problem seek legal assistance, just like people who have a health problem see a doctor.”

What are the cost implications for users?

Relentless disruption and innovation continue to change the face of the legal industry. For a profession once thought to be rigid and traditional, the legal industry is responding to this changing landscape by becoming far more agile, flexible and modern.

One such area we see this is with the increasing number of lawyers freelancing, moving from one short-term contract to another. This trend is driven by both sides of the equation. For firms and companies, budgetary pressures have hit full-time head counts hard. Increasingly unable to recruit full-time resources, many firms are looking to get around restrictive head counts with ‘off the books’ short-term contract appointments.

Although initially born out of necessity, short-term contracting is becoming not only a convenient option for law firms but is also delivering many benefits.

Firms are in an incredibly fortunate position. The very same market pressures which are reducing full-time head count are driving larger volumes of higher calibre candidates into the short-term market talent pool”, says legal recruitment specialist, Jacinta Fish.

These candidates come armed with fresh ideas and new ways of doing things, so we often see law firms extracting great value from these contractors in the short period they are placed with them, all without having to pay the overheads associated with full time employees.”

Contractors also help firms move around the various peaks and troughs of work load, helping them manage large or unforeseen projects without overworking their full-time employees, which can lead to poor engagement and burn out. Taking on a contractor can be a good way for firms to test resourcing structures such as expansion or extending their range of services.

Another benefit to firms is the productiveness of short-term contractors. As we know, firms can also be incredibly hierarchical, with most lawyers having a plan and timeline for ascending the ladder, however for contractors, this is not a distraction and we find they are more focused on being as effective within their contracted role.”

The benefits of short-term contracting also work the other way for candidates.

The rise of the ‘gig economy’ has seen many lawyers actively looking for work that is more flexible and less restrictive. The ability to broaden their experience across a breadth of firms, cases and projects is not only convenient but also delivers real time career satisfaction’, says Fish.

For contractors, the possibility that the contract position might evolve into a permanent position is real and something we see often. Many firms will offer contractors permanent ongoing work but the exciting part for contractors is that they will have had a chance to ‘try before you buy’ and will know whether the culture and opportunities within a firm are suited to them.”

And of course, a big benefit is income. Short-term contracts are well re-numerated, so many are finding the combination of more choice, flexibility, career experience and higher income not only a viable, but preferable.”

Some examples of the sorts of short-term contract roles Jacinta Fish FlexIt has placed include:

• A financial services business took on a senior finance lawyer for 2 months on a maternity leave contract. This short term contract led to the creation of a new role for the contractor.
• A senior mergers and acquisitions lawyer originally hired for 12 months to assist with project work was subsequently offered a full time position with the business.

Experienced lawyers as well as recent graduates are benefiting from short-term contracting arrangements. Although larger firms continue to increase their graduate intakes, law graduates are still finding it more difficult than ever to find full-time positions and clerkships.

For graduates keen to get moving with their career, short-term contracting can help them get that foot in the door and give them an opportunity to prove themselves” says Fish.

Competition between graduates is tough, so many see short-term contracting as no longer inferior to long-term positions but as a clever way to broaden their experience and improve their employment prospects.”

With the benefits flowing both ways, short-term contracting promises to be a win-win for firms and lawyers alike.

Further Information

For more information, or to learn more about the benefits of short-term contracting for you, or your firm, contact:

Jacinta Fish at Jacinta Fish FlexIt

• P: (03) 9039 9990
• E: hello@jacintafishlegal.com.au

Melbourne Office

Level 3, 356 Collins Street, Melbourne VIC 3000

This post is proudly sponsored by Jacinta Fish FlexIt.

Lawyering: it’s a physical and psychological scrimmage.

Official advice focuses on workplace best practice guidelines. Pace yourself, take regular work breaks, get enough food, sleep, and exercise. But the reality is that law life is a combat zone – you do what you can in the time that you have and in the circumstances that you find yourself in.

Often this means sacrificing food, sleep, and personal needs, not to mention pulling all-nighters right before exams or that major work deadline. Hurl.

While toiling under extreme work or study conditions is not something we endorse, if you must do it then make sure you’re doing it right.

According to a study of children and teenagers following major surgery, music was capable of reducing physical pain. The effects were even more pronounced where children chose their own music.

Dr Lynn Webster from the American Academy of Pain Medicine says music:

Can generate not only a focus and reduction in anxiety, but it can induce a feeling of euphoria.”

In another study, two daily sessions of music relieved chronic pain symptoms related to conditions such fibromyalgia, inflammatory disease, or neurological conditions as well as anxiety and depression linked to chronic pain.

So if you find yourself in worlds of work or study hurt, here are our picks of the best tracks to ease your legally burdened mind.

Think we’ve missed any classic legally-themed songs? Let us know in the comments!

More on BucketOrange Magazine

• Plawsible Deniability: How To End Procrastination And Career Self-Sabotage
• Smart Philawsophy: How To Get Stuff Done & Change Your Life In 2018

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!

This article is sponsored by Vobis Equity Attorneys. 

Lou Stojanovski and Tom Catalovski Construction Director NSW, Probuild

A lawyer is behind a new Australian first app that helps construction industry workers ensure payments.

The “SOPA (Security of Payment Act) Toolbox” app has been developed by Director of Keystone Lawyers and expert in construction law, Lou Stojanovski.

Mr Stojanovski says he developed “SOPA Toolbox” to solve a problem he frequently sees with contractors missing out on progress payments because they are unaware of the security of payments system and deadlines. He also sees builders fail to respond to claims on time forcing them to make payment on claims they may otherwise dispute.

The app reminds builders and subcontractors of deadlines and takes them through every step in what can be a complex process.

Mr Stojanovski said “SOPA Toolbox” is an example of how technology is changing the way consumers interact with the law.

The app interprets the flow of the legislation for users, guides them through the steps in the process and provides downloadable relevant documents” Mr Stojanovski said.

Important dates are automatically stored on the user’s calendar and reminders prompt you what do next”.

“SOPA Toolbox” takes the guess work out so you don’t miss out on getting paid. It is a must-have tool for everyone in the construction industry Australia-wide” he said.

At $9.95 per month, it is a cost-effective solution that avoids the expense of a lawyer unless it is absolutely necessary.

The Security of Payments Act gives all contractors undertaking construction work and suppliers of goods or services the right to receive ‘progress payments’ for work performed. It sets down maximum payment deadlines and the option of adjudication if payment is not made on time.

The app has been configured for variations in legislation across each Australian State and Territory. While it does not replace the importance of carefully reading contracts, it is a simple tool that can track progress claims and responses to help ensure construction industry workers are paid on time.

Further Information

“SOPA Toolbox” is currently available for iPhone users via iTunes. An Android version is in development. A free trial is available. Subscribe to access to all features.

For more information visit www.sopatoolbox.com.au or download the app from iTunes.

Keystone Lawyers is based in Newcastle NSW but serves clients nationally.

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!

There is a new generation of machine in action now, and these are systems that can replace parts of, and sometimes all of, certain kinds of professional work” – Richard Susskind

Just when you thought technology couldn’t permeate our lives any more than it already has here come robots and artificial intelligence (AI) threatening to replace human jobs.

Last night’s Q&A panel discussion offered a fascinating glimpse into what the future could hold for the Australian workforce. Experts like Adam Spencer hypothesised that the increasing role of robots and AI could cause the loss of thousands of jobs across a range of sectors, particularly mining and service industries. Others like the Assistant Minister for Industry, Innovation and Science, Craig Laundy, took the position that the increased use of robot and AI technology could create many more human jobs that will be needed to support new workplace infrastructures.

Among the list of professions to which AI has been considered a potential threat is the legal industry.

You will have likely seen a range of incendiary headlines such as “Robots replacing lawyers a ‘near certainty,” “Law firms of the future will be filled with robot lawyers,” and “Robot invasion” circulating online with increasing frequency. The result is that many lawyers and law students have spiralled into a state of panic about the future of the profession and the certainty of their jobs.

So how worried should we really be about the rise of robot lawyers?

Let’s look at the statistics

According to a report, The Future of Employment: How Susceptible Are Jobs To Computerisation? researchers compiled data to estimate how technology could affect the job market in 20 years.  The study used four key criteria to determine whether certain occupations are at risk of being automated:

1. whether the job requires coming up with clever solutions
2. whether it prioritises helping others on a personal level
3. whether there is a need to work in small spaces; and
4. whether negotiations are required.

According to NPR’s online calculation tool lawyers have a 3.5% chance of being replaced by automation technology given that some aspects of legal work are easier to automate than others. Court reporters could experience a 50% chance of being automated, while junior legal roles such as entry-level lawyers, paralegals and legal assistants that engage in legal research and drafting documents could experience a 94.5% chance of being automated in the future.

Sophisticated algorithms are gradually taking on a number of tasks performed by paralegals, contract and patent lawyers. More specifically, law firms now rely on computers that can scan thousands of legal briefs and precedents to assist in pre-trial research.

We find that paralegals and legal assistants – for which computers already substitute – in the high risk category. At the same time, lawyers, which rely on labour input from legal assistants, are in the low risk category. Thus, for the work of lawyers to be fully automated, engineering bottlenecks to creative and social intelligence will need to be overcome, implying that the computerisation of legal research will complement the work of lawyers in the medium term.”  Carl Benedikt Frey and Michael A. Osborne.

In the light of these forecasts for the future, are law firms looking to establish new ways to deliver their legal services? How will technology likely impact the profession?

Former Chief Justice of the High Court, Justice Robert French, notes in the June Issue of the Australian Legal Review:

The profession faces challenges and opportunities arising out of the use of technology, and in particular, artificial intelligence. It is evident that AI has the potential to perform, more economically, than humans, a range of legal tasks, including document review, analysis of ways of resolving legal disputes and the provision of basic legal advice. Its speed of development and impact on the provision of legal services and the profession generally is difficult to predict. However, its effects are likely to be profound.” 

What’s trending right now in the world of robot lawyers

While the human element involved in the practice of law can never be replaced by technology (no matter how intelligent it may be), the way in which legal services are delivered could significantly change in the coming years. Below are a few examples of recent trends around the world.

“DoNotPay” – Parking Fine Chatbot (UK and US)

Created by British teenager and Stanford University student, Joshua Browder, the “DoNotPay” chatbot handles ticket appeals through a Q&A-style chat. As of June 2016, the chatbot successfully appealed over 160,000 parking tickets, saving drivers time and legal fees.

“DoNotPay” has now been developed to assist asylum seekers to make a valid application by asking applicants questions in plain English.

In Australia, there is much potential for emerging technologies to support legal services.

FineFixer – Australia (Victoria only)

In an Australian-first for the legal assistance sector, Moonee Valley Legal Service recently launched FineFixer – a new website that provides personalised legal information to help Victorians understand their legal rights and how to tackle fines.

ROSS – World’s first AI lawyer (US)

The world’s first AI lawyer named ROSS is being used by US law firm BakerHostetler to sift through thousands of pages of legal research in its bankruptcy practice. ROSS was built on IBM Watson, a cognitive system that can answer questions in natural language.

ROSS can understand questions asked and respond hypothetically through the use of references and citations. ROSS only provides highly relevant answers, meaning that the amount of time and effort currently wasted on unbillable legal research by paralegals and law clerks may soon be reduced drastically.

Bob Craig, Chief information officer of BakerHostetler says:

ROSS is not a way to replace our attorneys – it is a supplemental tool to help them move faster, learn faster, and continually improve.”

It would appear at this time that there is great potential for robot lawyers and AI to enhance and streamline legal work by reducing the number of hours spent on tasks that can be automated – such as legal research, smart contracts, e-discovery, online dispute resolution, 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.

Certain tasks performed by legal assistants, paralegals and junior lawyers will be likely be automated in the reasonably near future.

What the future holds for the next generation of young lawyers

The impact of robot lawyers and AI for junior lawyers may make some of us baulk.

For the majority of junior lawyers working in the private sector, an essential aspect of core legal training comes from hours of dedicated and laborious legal research. If robots are able to scan millions of documents and find the desired answer in a few seconds, will there still be a role for graduate lawyers?

Short answer: Yes.

According to the Honourable Justice Margaret Beazley AO:

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.”

While automation might remove one element of the role performed by grads, this just means that the grad’s entry pathway to the law will look slightly different in the future.

In the past few years, the impact of tech disruption in the legal industry has presented a new suite of challenges for grads as tech skills have become more attractive to employers than ever before.

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 says.

For the next generation of lawyers still at university, therefore, it will be important to develop cross-disciplinary knowledge. Marketing, writing, coding, IT, business, leadership and management skills, as well as the ability to build legal technologies, will all be important areas to develop when preparing to enter the legal job market. Importantly, these skills will be needed on an ongoing basis.

Introduction of more ‘law tech’ courses at universities

Universities around the country are responding in different ways to the impact of tech disruption in the legal sector and the way in which it is changing the delivery of legal services. Hackathons are becoming increasingly popular, as is the introduction of new courses that focus on technology.

The University of New South Wales (UNSW), for example, has partnered with law firm Gilbert + Tobin and software company Neota Logic to provide students with a new course that provides students with a practical experience in using legal technology.

The elective course “Designing Technology Solutions for Access to Justice” was offered to undergraduate and Juris Doctor students in Semester 2 of the 2017 academic year.

Elsewhere, in an Australian first, the University of Technology Sydney (UTS) has launched a new undergraduate major in legal futures and technology. The course will be part of the standalone and combined bachelor of laws degrees and will be the first undergraduate legal major in legal technologies and legal futures taught in Australia.

The introduction these courses similar are a great step in integrating more tech knowledge and skills for a new generation of lawyers.

Some skills are irreplaceable 

Regardless of how technology changes the way legal services are delivered in Australia, one thing remains certain: robot lawyers and AI will never completely replace human lawyers.

Technology will continue to aid the performance of mundane and routine tasks and will likely take on a more dominant role in legal research and automated discovery etc. But human intelligence, the human capacity for negotiation, emotional intelligence and the ability to make the correct judgement call will never be the province of technology as we know it to exist today.

Former Chief Justice Robert French says:

The challenges for the profession in Australia are many and are shifting rapidly in a variety of directions. It might be said there has never been a more exciting time to be a lawyer. There has certainly never been a more challenging time, nor one in which the stakes are so high. 

What do you think about the role of technology in shaping the future of the legal profession? What do you consider to be the challenges or opportunities? Let us know in the comments! 

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!

On 17 August, the Council of the Law Society of NSW issued a joint statement supporting laws to enable same-sex marriage.

Today, the Council of the Law Society of NSW has acknowledged that there is a diversity of opinion within the profession and the Council on the topic of same-sex marriage and respects those opinions.

This comes after Law Society of NSW President, Pauline Wright, came under fire in early September for refusing to apologise and withdraw the Law Society’s endorsement of same-sex marriage because she failed to consult the Law Society’s 29,000 members.

On 14 September, the Council resolved to reinforce public statements made by Ms Wright, that the Law Society respects the divergent and deeply held views of individual members on same-sex marriage.

Ms Wright said that the Council also urged a respectful debate on the issue of same-sex marriage.

Members of the Law Society are encouraged to vote in the postal survey as their conscience dictates.

While the Council of the Law Society has expressed its support for the introduction of laws to enable same-sex marriage, it also supports a courteous, considerate and fair debate on this important issue,” Ms Wright said.

The Law Society expressed its support for the introduction of laws to enable same-sex marriage in order to address current discrimination and inequality before the law, she said.

We are committed to ensuring all Australians have the right to equality and non-discrimination.

People should not be treated differently under the law solely because of their sexual orientation or gender identity.” Ms Wright said.

Ms Wright says that she consistently emphasised that everyone is entitled to their perspective and that no person should be discriminated against or vilified because of their view.

It is also important the rights we all presently enjoy, including freedom of speech and freedom of religion, should remain unaffected by any proposed laws to enable same-sex couples to enter a civil marriage,” she said.

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