William Stone is an Associate in the Commercial Disputes team in Allens' Melbourne office. He joined the firm as a Law Graduate in 2019, having undertaken a clerkship in 2018. He rotated in the firm's Mergers, Acquisitions and Capital Markets practice group, before rotating and specialising in the Disputes and Investigations practice group.
Be prepared to give your opinion or contribute to a group discussion. Before internal or external meetings – with other lawyers or the client – it's important to prepare yourself. Even if you're a clerk or junior lawyer and don't think you're going to play an active role in the meeting, read the relevant background material. Look at the email correspondence or memoranda.
‘Ask yourself: what is the problem we are trying to solve?’
You'll get a lot more from a meeting when you can follow the discussion and participate, rather than turning your mind to an issue only in the moment. William tries to put aside 15 minutes or so before a meeting, to re-familiarise himself with the relevant material and think about how he might be able to work with others to progress whatever it is that will be talked about.
Commercial awareness is a multi-faceted skill. One aspect of it is to be aware of current affairs, and how the latest legal, political and social developments are impacting your clients. Practically, you can achieve this by following the news (such as by listening to podcasts, reading print news or browsing online) and perhaps setting up news alerts for particular sectors or companies. Another aspect of commercial awareness is being attuned to your clients' needs. What are they trying to achieve, and how can you make it as easy as possible for them? Have a think about where your legal advice fits into their broader commercial imperatives. For William, this means providing clear, business-minded legal advice.
'Clients don't necessarily want to receive pages upon pages of legal jargon, when a simple, short email they can pass on to the board may suffice.'
Initiative is a sought-after commodity in junior commercial lawyers. Often, you will find yourself in fast-paced and rapidly evolving situations – eg if you're a litigator involved in a trial, or an M&A lawyer working to close a complex transaction.
'Don't be afraid to reach out to your colleagues with an idea, or take the lead with work that you know needs to be done.'
If you're unsure whether something needs to be progressed, the lawyers you're working with will appreciate you actively checking in with them, rather than waiting for them to prompt you.
Communication is key, both externally with clients and internally with your colleagues. Externally, you should read your clients' expectations. Clients that William has worked with appreciated being asked how they wanted to be kept in the loop. Find out if they want to be updated blow by blow, or are happy to receive a brief recap once a fortnight. Internally, keep an open communication channel with the team you're working with. Let them know what you have on your plate, and be honest when discussing your capacity and ability to meet deadlines. Communicate early if you think a particular timeframe is no longer realistic.
Finally, William says, high ethical standards should guide everything you do as a lawyer. Your paramount duty is to the court and the administration of justice. This means that your role is not solely to advocate your client's interests at all costs – it is also to assist the court to achieve justice in a prompt and efficient manner.
'It is not in the interests of justice to encourage protracted legal proceedings that unnecessarily drain court resources and parties' time.'
Of course, a lawyer still owes a duty to act in the best interests of their client. However, their duty to the court overrides inconsistency with any other duty.