Ok - I haven't posted for quite some time. In fact, the last time I posted I would have been in final semester law. I have now finished my degree and a PLT course and will (hopefully) get admitted on 11 September (next admission date up here in Brisbane). While I am not yet a solicitor, the work I do on a day to day basis will not change in any substantial way (most likely in almost any way at all). Also, I probably should say that my story is probably not what could be considered “typical”. Most people on here seem interested in working for the big firms - which was never my intention/desire. Also, the path I took to get a job was different – I didn’t do any summer clerkships/anything like that. I wasn’t really interested.
Having said that, maybe some of you may be interested on what I do on a daily basis.
Basically, I work in a small, boutique intellectual property commercial law firm in Brisbane. We do do an amount of litigation work, however my mix is about 70/30 weighted in commercial. Given that I do want to go to the bar, the intention is to bring that to about 50/50 and my bosses are supportive of that.
The questions:
Does uni edu prepare well for work as a lawyer?
Well, yes and no. Yes, it prepares you in the best way an academic education can. It gives you the broad knowledge and understanding that you need to start learning to work as a lawyer. But no, working as a lawyer is completely different to uni work and much (90%) of stuff you do as a lawyer is something you will have never done at uni. Uni is an exercise of learning things on a much broader scale. Practicing (particularly in commercial law) is all about attending to the details and the hundreds of steps that occur within what you would learn about in 5 minutes of uni. So much of practicing the law has nothing to do with what the legal position is, but much more what the practical and commercial consequences are. It may surprise many of you (it sure did surprise me) that a large, large percentage of lawyers (senior and junior, articled clerks and partners) would step into a courtroom less than once or twice a year. Uni doesn’t prepare you for that.
What are the hours like?
I work 7:30/8:00am until about 6:30pm on an average day. Many days are longer, though I’m not often here after 7:30pm. Not many days are shorter. I have it pretty good though - I'm only expected to put out about 5.5 chargable a day and if i work for 11 hours i generally have no problem getting that or even more.
Average salary?
I’m on $50k+ super + bonuses, though Sydney wages are higher I understand.
Typical type of work: (obviously very variable, but you get the idea)
1. Client meetings
2. Drafting initial letters to clients re proposed costs (a lot of stuff we do is IP-based business start-ups. Clients come to us with a product/idea, we put them into an appropriate corporate structure, do up their customer agreements/contractor agreements/whatever. This is often significant amounts so you cost it all out.)
3. Setting up companies/trusts for corporate structures
4. Drafting agreements (everything from manufacturing agreements to website terms and conditions, IP assignments, IP licenses etc)
5. legal research re advices to clients
6. drafting advices to clients on copyright, prospects of success in litigation
7. dealing with dispute settlements – offers/counter offers, drafting settlement deeds where appropriate, mainly where you have a debt dispute or business partners extricating themselves from bad situations
8. drafting court documents – affidavits, witness statements etc
9. reading leases, drafting advices re leases, drafting letters to other side requesting changes etc
10. going to court to do basic applications (e.g. reinstatement of a company etc)
11. instructing counsel on minor hearings
12. dictating all the ASIC/company secretarial forms etc re corporate restructures.
This is all the bread and butter stuff that happens on a daily basis. When you put it down on paper it sounds more boring than it actually is, but then again, it’s still not particularly glamorous.
Welcome to being a commercial lawyer! It’s not all high-flying, but it’s not such a bad way to make a living and it is good to see clients with really good ideas succeed. While I do want to go to the bar, I think I will miss that commercial relationship side of things that you have with clients which isn’t quite the same when you’re a barrister (I worked full time in barristers’ chambers for 9 months last year).