Life at the State Solicitor’s Office

ALEASHA SANCHEZ-LAWSON

Professional Research Assistant to State Counsel

Introduction I am a final year Juris Doctor student at UWA. However, my study experience has been a little different. I have been working full-time at the State Solicitor’s Office (SSO) since the start of 2021 and will continue to do so until I graduate at the end of this year. My role at the SSO is titled ‘Professional Assistant’ (PA). This is a unique, 2 year-long position that is designed specifically for law students to undertake before entering the Graduate Program. Not many people are even aware of the PA opportunity, so I truly hope that this article assists those who might be looking for something a little different to a traditional commercial clerkship.

The PA Role The PA roles are a longstanding tradition within the SSO. There are 4 different roles available: PA to the State Solicitor, State Counsel, the Solicitor-General and the Deputy State Solicitor. Each PA ‘shadows’ their assigned boss and the roles therefore differ but all roles are essentially comparable to that of a Research Associate. The roles require balancing full-time work and part-time study, which can be challenging and requires a high degree of organisation. I am the PA to State Counsel, who is currently Alan Sefton SC. State Counsel is the highest advocate position within the State Solicitor’s Office. In essence, State Counsel is responsible for representing the State in high-level and complex disputes, with appearances at both trial and appellate levels in the Supreme Court, the Court of Appeal, the Federal Court and the High Court of Australia. He is kind of like an ‘in house’ barrister, and solicitors in the Office will brief him on complex matters. State Counsel is also responsible for providing a range of advice to the Premier, Attorney General, other Ministers and government agencies. What work does a PA undertake? The PA roles are unique because you are exposed to the most complex and challenging matters within the SSO while at a very early stage of your career, by virtue of shadowing the most senior positions. I am regularly tasked with drafting submissions and other court documents, drafting significant and politically sensitive advice and briefing notes to the Attorney-General, undertaking complex legal research and attending meetings with clients, witness proofings and hearings. In my role particularly, I am very often down at court with State Counsel and have been given the rare opportunity to assist in instructing counsel in both first instance and appellate matters. I have been involved in such a wide variety of matters including large-scale commercial litigation relating to mining tenements, significant judicial reviews relating to environmental approvals, coronial inquests relating to deaths in custody and alleged police misconduct, an international parental child abduction under the Hague Convention, a religious discrimination claim in the State Administrative Tribunal, High Risk Serious Offender matters, Corruption and Crime Commission matters, two High Court special leave applications, liquor licensing matters, prosecutions for pollution and animal cruelty, prosecutions for destruction of an Aboriginal Heritage site, mediations over the State’s compulsory acquisition of land, advice in relation to construction of State infrastructure, defamation claims, advice on the exercise of the Royal Prerogative of Mercy and charitable trust disputes. I feel like I work in a different legal area daily and am constantly learning new things.

The SSO’s Work There is a strong misconception that the SSO only practices in ‘public law’ subjects like administrative law and constitutional law. However, as is evident above, the SSO’s work covers almost all practice areas. Further, while I work in the more ‘litigious’ or ‘back-end’ practices of the Office, the Office also has an incredibly significant ‘front-end’ practice with talented practitioners who advise the State on commercial agreements and negotiations, native title and property matters, and advise agencies on how to comply with their statutory obligations. The SSO also undertakes, in collaboration with WA Police, a significant body of COVID-19 related work, including drafting the COVID-19 directions. And it goes without saying, that the SSO advises on significant law reform and other politically sensitive government initiatives.

Clerkships and the Graduate Program The SSO offers 2-week long paid clerkships, and a 1-year long Graduate Program. Obviously, I am not a graduate at the SSO. However, I have observed a number of benefits for junior lawyers at SSO at my time in the Office, including that: •Graduates rotate through every practice area at SSO, so you don’t miss out on trying anything; •Graduates themselves get to appear in court(!); •As soon as the Graduate Program is complete, you get carriage of your own files as a Restricted

Practitioner, meaning you get a large degree of autonomy and responsibility; and •Junior lawyers do not need to ‘settle’ in a team until 3 years after completing the Graduate

Program, so there is plenty of opportunity to find your niche by undertaking work across a range of diverse practice areas. Final Remarks The SSO has over 250 staff, including over 150 lawyers. I have met a number of incredibly impressive mentors and friends during my role, and have felt strongly supported by the people around me while working on matters that are well beyond my years and expertise. Clerkship and Graduate recruitment happens every year. The next round of recruitment for PA’s will be for the roles commencing 2024, with applications to be submitted in 2023. I would strongly recommend the program and if you like the sound of it, I am always happy to answer any questions.