BucketOrange Magazine

Gazing Into The Future: What You Missed At The 2017 State Of The Profession Address

Sarah Lynch — Fri, 29 Sep 2017 05:34:07 +0000

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:

keeping up to date with new technologies
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!

FineFixer: A New Service Helping Victorians Manage Fines

bucketorange — Tue, 15 Aug 2017 02:02:58 +0000

Knowing how to effectively challenge a fine presents a stumbling block for most of us.

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.

More than 5 million fines are issued each year in Victoria alone. This, coupled with a lack of understanding of the tools and services available to help manage payments, has led to Victoria Legal Aid and community legal centres being inundated with requests for assistance.

FineFixer has been developed to help Victorians understand their rights and to pay fines using a quick and easy process. The platform not only enables early action that avoids the accumulation of costs and penalties but also frees up valuable time for community legal centres and Legal Aid.

FineFixer was designed by students at RMIT’s Fastrack Innovation Program, which tackles society-level problems using a design-driven approach to innovation. The program brings together outstanding students from diverse programs and backgrounds, with subject matter experts from industry to conceive, test and develop innovative solutions to real-world challenges.

Winning the program’s ‘Most Viable Solution Award’ in 2015, FineFixer gained strong support from the legal sector, with Moonee Valley Legal Service receiving a grant from Victoria Law Foundation to help bring the concept to fruition. PaperGiant – a research-led design and development studio – were responsible for website’s design and development.

Brendan Lacota, Principal Lawyer at Moonee Valley Legal Service, sees much potential for emerging technologies in supporting legal services:

Smart tools like FineFixer are essential for meeting the growing need for legal services. FineFixer offers a free and fast way for people with fines to identify and understand their options, and gives them the tools they need to take action without getting further into debt.”

The Victorian Council of Social Services (VCOSS) has also recognised the importance of FineFixer. Speaking at FineFixer’s launch last week, VCOSS CEO Emma King highlighted its value:

By helping people at the start of the process to know their rights and navigate the bureaucracy, FineFixer will help thousands of Victorians keep their lives – and their finances – on track.”

Further Information

For more information visit FineFixer.

FineFixer received a grant from Victoria Law Foundation. Do you have an idea for a project that will help Victorians to better understand the law like FineFixer has? Applications for Victoria Law Foundation’s 2017-18 General Grants are now open and close on 28 August 2017. Visit Victoria Law Foundation for more information.

Harder, Better, Faster, Stronger: Mira Stammers from Legally Yours On Why Old Ways Will Never Open New Doors

Sarah Lynch — Mon, 05 Sep 2016 12:14:13 +0000

Harder, Better, Faster, Stronger: Mira Stammers from Legally Yours On Why Old Ways Will Never Open New Doors

By Sarah Lynch

Monday 5 September 2016

In the September Issue of BucketOrange Magazine, we catch up with Mira Stammers, founder & CEO of Melbourne-based legal startup, Legally Yours – a legal marketplace that connects clients with fixed-fee lawyers. With a string of accolades to her name, including nominations for prestigious industry awards such as the Lawyers Weekly Women In Law Awards (Thought Leader of the Year), Telstra Australian Business Women’s Awards, as well as recent recognition among the top 8 women in Australian legal tech, we find out just what it takes to make a legal trailblazer.

Can you tell us a bit about your career trajectory and what made you decide to pursue law?

“In high school I always had an interest in psychology and legal studies, so I applied to La Trobe University to study Behavioural Science. I completed my degree in Behavioural Science and a Postgraduate Diploma in Applied Psychology. I had a research supervisor who was a psychologist and a lawyer and the combination of specialities interested me, particularly in relation to forensic psychology and criminal law.

At the same time I was accepted into a Doctorate of Psychology I was also accepted into law, and made the decision to study law to see if I enjoyed it more than psychology. It turns out that I loved the study of law and felt my psychology background would give me a unique edge when it came to working with clients.

It’s funny about your goals when you start studying law. I always thought I’d end up a criminal barrister, or perhaps a family lawyer. Turns out I loved corporate law and ended up specialising in banking law after completing a rotation in my articles year and enjoying it thoroughly.

That experience put me in good stead for an international move and, shortly after qualifying, I moved to London where I worked as a banking lawyer for almost five years at an international firm. The firm was quite progressive and post GFC had to be savvy in terms of maintaining their client base. We provided fixed fee quotes on all matters, even those where the assets being acquired ran into several hundred million pounds. On returning to Melbourne I noticed that firms were not offering fixed fees, and so clients were not receiving any form of price certainty.

Things seemed a little outdated, so I went about trying to change that.

In your early days working as a lawyer have you faced any challenges that you may not have anticipated in a traditionally male-dominated industry? How did you deal with it?

“I certainly found that I had to stand my ground and act with confidence. Banking law is more male dominated than many other areas of law, so it was important to hold my own, give as good as I got, and believe in myself.

I refused to allow people to speak over the top of me.

I made sure I worked hard and became skilled at not only the legal work, but also the marketing aspect of the job. Early on I made the mistake of trying to ‘act like a man’ in order to gain respect. I read a book called ‘Nice Girls Don’t get the Corner Office’ and thought that if I rid myself of my feminine ways I would gain more respect. What I found was that while it worked in the short term, I wasn’t being authentic with work colleagues or my clients. As I became more confident in my abilities I realised my femininity was actually a huge strength which allowed me to build strong working relationships with colleagues and clients.”

Most lawyers tend to be naturally risk averse, so what was the catalyst that inspired you to take a leap of faith and branch out on your own by founding Legally Yours?

“I’m not really like most lawyers (at least that’s what people tell me!).

I’ve always had an entrepreneurial spirit. Banking law is very transactional and business focused so I was used to high pressure decision-making. I loved the legal work but I was more interested in the business and marketing aspects of my job, so founding a company felt like a natural progression.

When you’re building a new business model, particularly in a conservative industry that has been slow to embrace change, there can be a tendency for some “scepticism of the new” to creep in. What are your experiences with this, and have you found that you have had to work hard to establish your credibility and reputation?

I think the scepticism is a reflection of the greed thats rife throughout the profession.

“I have found that many lawyers are not open to change if (a) they don’t know how to change, and (b) it may risk not making as much money.

There is certainty in hourly rates. It certainly works for lawyers, but it doesn’t work for clients … and shouldn’t clients be the focus? I feel there is an eternal conflict with hourly rates. The longer it takes a lawyer to complete a task, the more money they make. It doesn’t promote efficiency or value based outcomes.

I don’t feel that I have had to work extra hard to build credibility and my reputation, but I have felt that many lawyers have been scared of what these changes to legal business models may mean for them. Other lawyers are more progressive and client focused – and they embrace the change. Those are the lawyers we want to work with.”

What do you think is the biggest challenge currently facing women in law?

“I think the biggest challenge has always been the inflexible nature of working in private practice. This is reflected in the higher number of female graduates yet extremely small number of female partners. It’s a problem that has existed for too long, and it’s incredibly frustrating.

I’ve found that there are few firms that embrace flexible work practices which, in my view, is short-sighted. The women that we have on our panel who work flexibly – whether for family or other reasons – are not only hugely talented but are also amazingly efficient with their time. In particular, I think working mums are an under-utilised and under-valued talent pool.”

Many young lawyers are becoming frustrated with the strictures of traditional legal work and the slowness of some firms to uptake technology or embrace new ideas. It has been predicted by legal commentators, such as Dr George Beaton, that in the coming years many young lawyers will leave firms and launch their own legal startups. Have you found this to be the case? What is one piece of advice you would give a young lawyer who is looking to break the mould, as you have, and forge an alternative career pathway in the law?

“The majority of people on our panel are lawyers who have felt this frustration and have branched out on their own. I would strongly encourage it once you have gained some experience and feel ready for the change.

Running your own practice, whether a law firm or a legal startup of some sort, comes with its own challenges of course. It’s important to understand what those challenges are so you can prepare for them effectively.

If you want to excel, you’ll need skills not only in law but also in business and marketing.

If you’re looking to launch a startup, it’s wise to get across the current ‘lean startup’ methodologies as it will save you a lot of time and money. There is also a great course called the Startup Leadership Program (I completed this in 2014) which helps you understand the challenges you will face when running a startup.”

What has been your biggest challenge or achievement to date?

“Challenges probably include brand awareness and understanding how to measure the effectiveness of different sales channels.

Unless you have a large marketing budget, or are very good at PR, it can be hard to get your name out there and get known for what you do. Achievements are many, small and big.

Personally I feel a great sense of achievement when we work with a lawyer relatively new to private practice and are able to help him/her build a practice on their own terms. Being a Finalist in the Women in Law Awards (Thought Leader category) was also a pretty special moment.”

Do you maintain an effective work/life balance? If so, tell us how you do it!

“I’m not a fan of the question around work/life balance because I feel it’s a question that only women get asked. What I will say is that when you launch your own business there is no work/life balance, you have to put in the long hours and the hard work if you want to establish a strong client base.

The business model you choose is also important in terms of the lifestyle you want to achieve, so put some thought into how you want to structure your business.

Consider whether you want to work virtually, whether you want to offer hours outside traditional business hours, who your ideal client is etc. The model I’ve set up has allowed me to have quite a lot of freedom and flexibility. I became pregnant two years post-launch and have been able to have maternity leave and still run a business which has been great.”

Where do you see yourself, and your business, in 5 years time?

“I think startups often pivot, so five years out can be hard to determine. At the moment we are looking at what our next move is as we are in a growth phase. We have a couple of options, but whichever one we take it will be with the view to make fixed fee legal work more accessible throughout Australia.”

What is your favourite law hack or life hack at the moment?

“Become centred before making any big work or career-related decisions. When things are unclear or confusing, I meditate. The answer comes when my mind is quiet.”

Upcoming Events

To meet Mira, and hear more about her mission to disrupt the legal industry by making legal services more accessible, transparent and affordable for all Australians, you can catch her speaking at the Nillumbik Business Network’s “Candid fireside conversation” event on 14 September at 7pm. To attend the event, register here.

BucketOrange Magazine / September 2016