ISSUE
1
2020
ET CETERA
INNOVATION IN LAW
About the Deakin Law Students’ Society The Deakin Law Students’ Society (DLSS) is one of Deakin University’s oldest and largest student societies. We are a student-run organisation which aims to assist Deakin law students to make the most of their time at law school. Across our portfolios, we work to provide a range of events and services to assit you at every stage of your degree. Whether you want to improve your grade or make new friends, the DLSS is your one-stop shop for all things law at Deakin.
Disclaimer This publication is provided free of charge by the Deakin Law Students’ Society. Any opinions expressed in this publication are not to be held as those of the DLSS, Deakin Law School or Deakin University. The DLSS, Deakin Law School and Deakin Unviersity do not necessarily endorse these opinions; they belong solely to the authors. Copyright This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may, in any form or by any means (electronic or otherwise) be reproduced or stored in a tretrieval system or transmitted by any process, without special written consent of the DLSS. © Deakin Law Students’ Society Room EA2.17, School of Law, Deakin University 221 Burwood Hghway, Burwood 3125 www.deakinlss.org
ET CETERA ISSUE 1 2020: Innovation in Law
Introduction Et Cetera is the flagship pbulication of the DLSS. It seeks to capture and reflect the zeitgeist of now and to resonate with the interests of Deakin Law students. The focus of this issue is innovation in the legal sector. This includes the application of technology and how Deakin law students can set themselves up for success in the coming years. Editorial Design | James Dance Editor | Jack Enticott Editor-in-Chief | Kim Koelmeyer Contributors Sophie McIntyre Erik Hristovski Nikki Doan Diletta Legowo Rhea Sinha Cassandra Hooimeyer Quentin Roth Jessie Porteus Calvin White
PRESIDENT’S FOREWORD What a year it has been so far. No one could have predicted that by March we would be completing our degrees wholly online and all our lives would be looking a little different. No one could have predicted all our screen times would actually increase and wearing ‘proper clothes’ would be a thing of the past. Whilst no one could have predicted any of this, our incredible Communications Portfolio had already themed this issue of Et Cetera as ‘innovation in law’ (subtle flex) and it could not be more fitting. Anabelle Weinberg President
Without innovation and thinking outside of the box, the world would not have been able to adapt to the current climate and continue to operate. Leaps and bounds have been made in the legal sector to ensure that work continues to be completed and that clients continue to receive the best service possible. Beyond the work, we are now networking over different mediums and even completing internships virtually. Without innovation we risk being left behind. I hope you are as excited to read this issue as I am! Thank you to all who have contributed to this issue of Et Cetera. This is such an important platform that allows students to connect with students and would not exist without your contributions. Special thanks to our Communications Portfolio for making this happen, you are all incredible. Stay safe. Anabelle Weinberg
DIRECTOR’S FOREWORD Welcome to Issue 1 of Et Cetera 2020: Innovation in Law. This Issue has come at a very interesting time, where legal offices have had to find ways to do law from the confines of their own homes. The entire fabric of legal practice and legal education is up in the air. This issue explores precisely that what does the future look like? We are very proud to feature a range of perspectives in this issue, both inside and outside the student cohort. From stuKim Koelmeyer Director of Communications
dents who have explored new frontiers of the law, to organisations that are finding innovative ways to help clients and change legal education, we hope to show you the changes just on our horizon. As students, we are going to bear the brunt of these changes, so entering the profession with an awareness of the innovations out there is in all our best interests. We hope this Issue serves as one step on that journey. This Issue would not exist if not for the gargantuan work of many dedicated people. To all our contributors, thank you for taking the time to share your perspective with Et Cetera, and for all your work in changing the way we do law. To my officers, James Dance and Jack Enticott, thank you for dealing with all of my Slack messages and Google sheets, and becoming a team I can trust with anything. And finally, to the entire DLSS for their support and encouragement through what has easily been the most trying time of our collective legal lives. Happy reading, and I hope you’re all staying safe. Kim Koelmeyer
TABLE OF CONTENTS 1 Online Resources that are here to Help you
3 LGBTIQ+ Discrimination and the Law - The Long Road Only Gets Longer
5 The Modern Slavery Act 2018 (Cth): A Step Towards the Abolition of the Exploitation of Human Lives
8 Uncharted Territory – Navigating the Law in the Face of Disruptive Emerging Tech
11 How to Impress Your Next Recruiter: Artifical Intelligence
13
Hearsay
16 Guarding Against Digital Forgery
18
The Future of Legal Education
20
In-house Lawyers: the ‘GPs of the Legal World’
22
Virtual Experiences and Clerkships: Innovation Bridging the Gap Between Experience and Education
24
LIttle Failures
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
Online Resources that are Here to Help you SOPHIE MCINTYRE It’s pretty safe to say that we are living through a into areas of study that aren’t often spoken about, period of change and challenge. We totally under-
such as study abroad opportunities, resume and
stand how weird these times are, but there are re- cover letter writing, a summary of support sersources that are here to help you.The Deakin Law vices offered by Deakin, and more . Students’ Society strives to deliver initiatives that assist our students in their University experience, This blog is sponsored by King & Wood Mallesons and just because we have had to ‘hit pause’ on our and aims to provide information to help students in-person events, doesn’t mean that we aren’t still
build their legal skills and get the most out of their
delivering content to help you.
time at university from an academic perspective.
Here are a few of our online resources that you 3.
Pre-Penultimate Guide
should check-out, whether you need help, support or a laugh!
The Pre-Penultimate Guide addresses the opportunities and experiences available to students
1.
Wellbeing Blog
before their Penultimate year. This publication includes information about Volunteering, Resume
The Deakin Law Students’ Society, in partnership
Writing, Cover Letter Writing, Study Abroad,
with Baker McKenzie and Clayton Utz, develop a programs offered by Allens, White & Case, King & monthly blog post on an element of wellbeing, be
Wood Mallesons and so forth.
it the best study techniques , effective self-discipline techniques and so forth.
This guide is a must-read for any First, Second and Third years, and was written to provide informa-
If you want some reminders of small steps you tion and inspiration for students to say ‘yes’ to the can take to ensure you are caring for your mental multitude of opportunities presented to them. health, check out our Wellbeing Blog! If you want some other wellbeing reminders, make sure you follow our Instagram page, where we post Wellbeing quotes, reminders and messages every week! 2.
How to Law Blog
Our monthly blog provides readers with insights
1
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
4.
First Year Guide
The Deakin Law Students’ Society’s annual First Year Guide is specially designed to provide First Year’s with the know-how to tackle their first few weeks at University. It is formulated with the sole aim of helping new students learn their way around campus, succeed in their study of the law, and participate in exciting events and competitions. 5. Damages Incurred Satire Blog Our inaugural satire blog has been designed with the sole purpose of providing some law-school related laughter to readers! Next time you are procrastinating and want a lighthearted read, go have a look!
6. Volunteering Handbook It is no secret that the legal industry is a competitive one. Volunteering is one way to show that you care about giving back to the community, you are generous with your time, and it can often assist you in developing skills and experiences which are attractive to employers. It can be difficult to find organisations which are looking for volunteers, which is where our handy Volunteer Handbook comes in! Check out our Volunteer Handbook for a comprehensive list of organisations which welcome student volunteers! So now you have some resources that can help you learn more about the opportunities and resources available to you during your time at University, go check them out!
2
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
LGBTIQ+ Discrimination and the Law - The Long Road Only Gets Longer ERIK HRISTOVSKI - QUEER OFFICER
It’s about time Australia looked at its existing an-
tory would become the last jurisdiction to legalise
ti-discrimination legislation and considered wheth-
adoption for same-sex couples. These slow devel-
er it really does enough to protect the queer com- opments speak to a long-standing prejudice that munity from harm.
remains, to an extent, enshrined in our incomplete and ineffective anti-discrimination laws.
Setting the Scene A Uniform System? Australia may appear deceptively progressive at first glance; we’re the land of the fair go, right? For At a federal level, there are five separate anti-disthe LGBTIQ+ community in Australia, the ‘fair go’ crimination Acts governing the anti-discrimination was only very recently enshrined in law, and not to law. One such Act is the Sex Discrimination Act a satisfactory extent.
1984 (Cth), which prohibits direct or indirect discrimination in almost all spheres of life on the basis
It was in 1975 that South Australia became the first of sex, sexual orientation, gender identity or maristate in Australia to decriminalise male homosex-
tal or relationship status. In the same vein, the Fair
uality, and in 1997 that Tasmania became the last Work Act 2009 (Cth) protects employees from adstate to do so. It took Australia another 20 years verse action from employers on the basis of sexual to finally legalise same-sex marriage in 2017, and identity or biological sex (but not gender identity). it wouldn’t be until 2018 that the Northern Terri-
3
Each state and territory has enacted a single Act
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
largely replicating the provisions in those five federal Acts, leading to a system that is mostly uniform; but where they aren’t, the potential for harm is great. In NSW for example, bisexual people are not explicitly protected under the Act. In WA, transgender people are only protected if they have legally changed their sex, and the NT fails to define transsexuality altogether. States and territories also vary wildly in the degree of protection afforded to LGBTIQ+ Australians from religious discrimination and vilification, creating paradoxically ‘privileged’ minorities within the LGBTIQ+ acronym depending on who you are, and where you live. There are many more examples of these legislative quirks that I could list, and their existence speaks to a lack of true uniformity across the nation. How the Law Fails, and How to Fix It Do our current laws work? Ask most queer Australians, and they’re likely to tell you that discrimination and harassment continues to flourish in Australia – in the home, in the workplace, and out in public. A plethora of surveys and studies have continued to reveal that the majority of LGBTIQ+ Australians face harassment and abuse on a regular basis. From passing comments heard on public transport to being passed up for job opportunities, discrimination and harassment remains a regular experience for many. In the face of these challenges, a movement towards consolidation and harmonisation of all anti-discrimination statutes into a single Act is a desirable first step. Such an innovation is not unprecedented. The UK did just that with the passing of the Equality Act 2010, and Sweden with their Discrimination Act 2008. In 2012, the Federal Government attempted a similar move, but despite public support, the reform failed to pass Parliament. Nonetheless, this is an appealing solution, and despite previous failed attempts here and abroad, it has real potential to create a system that affords the same legal rights to all Australians, regardless of our differences. The law does not stand in isolation. It is but one part of the intricate fabric that makes up our society. The fight for equality for LGBTIQ+ Australians neither begins nor ends with the law – innovation in the law can only go so far. Addressing discrimination is a collaborative effort that needs to be tackled from all spheres of life. But at the turn of the decade, the time is ripe for innovative solutions to our anti-discrimination laws, and for Australia to take a necessary step towards finally creating an environment of respect, inclusivity and equality for all.
4
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
The Modern Slavery Act 2018 (Cth): A Step Towards the Abolition of the Exploitation of Human Lives NIKKI DOAN On 1 January 2019, the Modern Slavery Act 2018
Since slavery has been officially abolished, en-
(Cth) commenced, representing a critical and in-
slavelment no longer refers to legal ownership but
novative response to this global issue. By introduc-
rather, illegal control of human beings. Slavery in
ing mandatory reporting requirements, it increas-
the modern context refers to the transition away
es accountability for businesses for the use of slave
from the purchase of slave labour but rather, the
labour in their supply chains. As the second nation existance of slaves as an employment category. It to enact anti-slavery legislation, Australia is now
refers to situations where coercion, threats or de-
positioned at the forefront of the international ception are used to exploit individuals and underfight against modern slavery.
mine their freedom to make choices about their lives.
What is Modern Slavery? This includes forced labour (where people must Modern slavery refers to a situation in which a per-
perform work against their will under the threat
son is exploited and
of punishment),
completely controlled
debt
by another, deprived of
(when
their liberty and free-
work to pay off
dom. In today’s society,
a
the UN’s International
losing
Labour
Organisation
of the debt and
estimates that 40.3
working condi-
million people are liv-
tions), and the
ing in some form of
worst
bondage
debt
people while control
forms
modern slavery, with children comprising 25% of of child labour (where children are subjected to the figure, accounting for 10 million slaves world- slave-like practices, or engaged in hazardous work). wide. The Law Slaves clean houses; they produce the clothes we wear; they pick the fruit and vegetables we In 2018, the Australian government introduced the eat; they trawl the seas for the fish we consume; Modern Slavery Act 2018 (Cth) (Modern Slavery they dig for the minerals in our smartphones and Act), which established Australia’s national modmakeup; they work on construction jobs building ern slavery reporting requirment and came into infrastructure for the 2022 Qatar World Cup.
force 1 January 2019.
5
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
This came following the publication of the Parliamen- In order to understand risk, it is key for entities to tary Inquiry into Modern Slavery titled “Hidden in trace the source of their goods and raw materials Plain Sight” in February 2018. The legislation aims to
through their suppliers. Often, the challenge for busi-
support Australian businesses to identify and address nesses is determining “how far is far enough” when the modern slavery risks in their operations, and to investigating beyond their direct suppliers. maintain responsible and transparent supply chains. As such, the reporting requirement will improve business 2. Understanding Risk
awareness and accountability for risks of the use of slave labour. It will also increase the information available to consumers, investors, and business partners.
Businesses must be critical in their assessment of their own operational and purchasing practices which
This Act requires entities with a revenue of over $100
put extreme pressure on suppliers, and how those
million to publish a Modern Slavery Statement in an
practices may give rise to situations that propagate
online, public register. These mandatory statements the use of slave labour. These include expectations of must explain what the entity is doing to assess and
extremely tight production windows, short term con-
address the risks that modern slavery practices may tracts, last-minute contracts, or extremely slim profit be occurring in its global and domestic operations and margins. supply chain. The reporting requirement is focussed on large businesses with the capacity and leverage to 3. Engagement and Collaboration influence change throughout their supply chains. It is hoped that entities would engage with their supThe goal of the Act is to encourage businesses to
plies and collaborate to achieve sustainable solutions
source more ethical business partners for future con- that are mutually beneficial for both parties. The goal tracts, as well as demand better practices from their of the Act is not for Australian businesses to comcurrent suppliers. The Modern Slavery Act does not
pletely abandon suppliers engaging in dubious prac-
actually impose penalties on entites that do not fulfil
tices, but to support and encourage them to improve.
the guidelines, or fail to prepare a complete statement. It relies on the pressure exerted by consumers, inves- Australia as an Innovator and World Leader tors, and the public to hold businesses accountable. With the introduction of the Modern Slavery Act, Application
Australia is a world-leader in the fight against slavery as it exists in the modern world. The Australian Act
The reporting requirements encourage a three-tiered is an adaptation of the UK Modern Slavery Act as inapproach to addressing the risks of modern slavery troduced in 2015, which was a world-first at the time. that exist within a company’s supplychains: 1. Tracing Supply Chains
6
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
organisation does not have a website. Both Acts are similar in purpose, but the Australian statute extends upon its UK counterpart in Though the Modern Slavery Act is heralded as a several ways:
world-leader, improving accountability and transparancy, it only considers the risks of slavery in
1. Mandatory Reporting
a corporate context. It does little to address the criminality and exploitative nature of slavery as
The Australian Act requires the mandatory report-
it exists in other industries, such as sex slavery
ing of entities which meet the threshold of key
or domestic servitude. However, it is extremely
criteria in relation to their operations and supply promising that Australia has made this significant chains. This is unlike the UK’s optional reporting committment and is becoming a world-leader in standard. This is critical to ensure accountability
the fight to eradicate slavery in the modern world.
for large businesses. Nikki is the Director of Social Justice and Equity with 2. More Entities Required to Report
the DLSS. She has been keeping busy during this isolation period by watching tiktoks, practicing tiktoks and
The Australian Act requires reporting from public
mourning the loss of her 2020 Euro trip...where she
bodies as well as businesses with an annual reve-
would have made many tiktoks.
nue of over $100 million. This indicates that the Australian government is setting the example, and businesses need to follow. Conversely, the UK act only applies to commercial corporations with an annual turnover of ÂŁ36 million or more. 3. Public Repository The Australian Model publishes the modern slavery statements by entites on a free, publically accessible central repository. This makes the information easily accessible for the public and investors to compare how different corporations are meeting their reporting requirements. In comparison, the UK Act does not provide for such a repository. Under the UK statute, organisations are required to publish their modern slavery statement on their website or to provide a copy of the modern slavery statement to anyone who requests it, if the
7
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
Uncharted Territory – Navigating the Law in the Face of Disruptive Emerging Tech DILETTA LEGOWO - SPARK DEAKIN The game is changing as scientists, technologists, and entrepreneurs are introducing innovations and technologies that are overtaking what existing legal and ethical frameworks are prepared to deal with. How can law students best adapt to the quickly transforming landscape of technology, digital space, and innovation? Companies like LUNA Startups (Melbourne) who focus on providing legal services to lawtech startups like Lexcovo, CrowdJustice, InCloudCounsel
Startup Lawyer Josh Sharma (Deakin alumnus) at LUNA Startup Studio
and Farillo prove to us that the legal sector is transming in the way it operates. Alison Coleman wrote in Forbes that the “lawtech movement has expanded rapidly across the sector, making legal processes faster and more efficient, reducing operating costs, and making legal services more accessible to those who need them.” In Australia, a LawTech Hub has emerged at YBF Ventures supported by Lander & Rogers to develop solutions for blockchain, AI, smart contracts, and more. While these are exciting developments, there is
ruption. Their founders and CEOs are often the
still much for the legal space to play catch up with. rule-breakers who refuse to wait around for laws Digital Law stalwart at Mills Oakley, James Wong, to be passed for change to happen. For Wong, the reminds us that “for centuries, legislation has al- idea of working with clients who are re-imagining ways lagged behind technology, but what we see the systems and institutions that make up our sotoday, which is unprecedented, is an exponential ciety is very alluring. rate of change that calls for new ways of thinking about the relationship between technology and
“There are blockchain companies changing the
law.” Privacy breaches such as the Facebook Cam-
idea of trust in a central authority.There are ‘gig
bridge Analytica scandal, and artificial intelligence
economy’ platforms that are using algorithms
bias and racism towards black people indicate to
rather than job interviews to decide how la-
us that the situation is still far from perfect.
bour resources are best allocated. There are government departments figuring out how to
Well-meaning innovations still need to be
better serve citizens. Working as a digital law-
regulated
yer means I get to go along on these journeys.”
Startups have a reputation for innovation and dis8
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
In the NY Times article,“We Need a Law to Save Us From Dystopia”, Charlie Warzel points out companies like Clearview AI that scrapes photos of people from social media channels to create a database of images for law enforcers to identify perpetrators pose an obvious risk to people’s privacy, despite being a well-intended service. So, how do we address the tensions between well-meaning innovations and the protection of our human rights? According to Wong, we need to question the role that ‘law’ plays in regulating technology. “Ensuring regulations keep up with the rapid advancement of technology is an important challenge for the upcoming decade.” There is good momentum in place, with organisations such as the Australian Human Rights Commision investing in projects that aim to define how law, policy, and incentives protect our human rights in the context of these changes. Edward Snowden on the TED Stage Startups and tech companies undoubtedly offer great value to society. Without them, we would not have access to helpful tools and software that have allowed us to learn, grow, and innovate. But what is the trade-off? Edward Snowden, the former American National Security Agency employee who blew the whistle against them told NPR, on TED Radio Hour, that“we have no choice”, as most of these services have been designed in a way that puts those who refuse to opt-in at a disadvantage. This epitomises the severity of the consequences caused by legal regulations lagging behind on protecting the rights of individuals. For tech, innovation, and society to reach its full potential and achieve its goals of creating advancements that positively impact the world, there needs to be more proactiveness and incentive to assess and regulate their uses and capabilities.
9
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
Are we ready? For law students who want to brave this space and prepare themselves to be adaptable and agile,Wong says “pick an area of interest and run with it… read voraciously on the subject, find experts on LinkedIn who are willing to give you 20 minutes of their time for a coffee, think about all the legal and ethical questions and the kinds of organisations that might be confronted by them. Practise summarising complex information in plain English. This sets you up to stay abreast of the latest developments and also helps you develop some of the core lawyering skillset.”
SPARK Deakin Accelerator Intensive in 2019 Being entrepreneurial can go a long way in equipping you with the agility, competency, and networks to thrive as a lawyer in our rapidly transforming world. At Deakin University, programs like SPARK Deakin provide students, alumni, and staff with opportunities to learn entrepreneurial skills in a hands-on manner. How future-ready are you? SPARK Deakin is empowering entrepreneurs at Deakin.They are creating a thriving future built by Deakin entrepreneurs and innovators.They support students in learning how to build a business or social enterprise, turning ideas into projects by providing funding, support and mentorship. Learn more about available opportunities and upcoming programs at http://sparkdeakin.com/.This article was written by SPARK Deakin’s Marketing and Partnerships Coordinator, Diletta Legowo. 10
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
How to Impress Your Next Recruiter: Artifical Intelligence RHEA SINHA From the voice assistant on our phones to the rockets being launched into space, artificial intelligence (‘AI’) has become a staple in our society. Large, innovative corporations are now relying on machine learning, and applicant tracking systems (‘ATS’) to rank candidates before they are even considered by human recruiters. This advancement towards AI has streamlined the hiring process by significantly cutting costs, and improving consistency and impartiality in employment. But how can enthusiastic job seekers make the best use of AI in this competitive job environment?
Written Application
According to Josh Bersin, Principal of HR consulting firm Bersin by Deloitte, seventy-five percent of resumes remain in databases, never viewed by an actual recruiter (CIO 2018). So how exactly can you ensure your application is not overlooked by intelligent automation scans? Your first step should be to analyse the job advertisement. Tailor your application to include the exact job title and your top capabilities relevant to the role. Michael Tomaszewski, a content creator at Uptowork admits that keyword-matching algorithms assist with putting forward applicants whose resumes include terms which match the firm’s vision, the job description and the most relevant skills of current employees (CIO 2018). AI retains the ‘company’s hiring and employment data’ (Business2Community 2017), and so, you want your application to resemble those which have been most successful in the past. In addition, ensure the written application incorporates professional language and formatting, free of grammatical errors, abbreviations, fancy fonts, and graphics. Otherwise, the system may distort the text, 11
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
along with with the chances of your placement. ing Automation software, PredictiveHire creates Just as ‘ninety-three percent of hiring managers candidate surveys that leverage an organisation’s review a candidate’s social profile before making a performance data to determine with 88% accurahiring decision’ according to Jobvite’s 2017 Social Recruiting Survey, AI scrutinises all public social media interactions to judge your character and fit to the company culture. Google yourself and analyse what your online presence indicates. You could be stupefied by the content contained in social media accounts you had completely forgotten about. Set the privacy settings accordingly and monitor your public accounts to delete any professionally undesirable tags, comments, posts, photos or groups. Once employed, your social media is a representation of cy the traits shared by its high performers (Page you and your company.
Up 2019). Take note of this resource and consider applying the relevant traits in your own applica-
Video Interview
tion. Finally, dress professionally and be genuine, communicating your interests through gestures,
Online interview software claims to use AI to as-
nods, and a big wide smile.
sess candidates’ ‘word choices, speech patterns, and facial expressions’ to assess their competency Rhea is a Bachelor of Laws/ Commerce (Finance) stufor the role and the organisation’s culture (Ideal dent at Deakin’s Burwood Campus. Alongside her active leadership in sports, debating, community service
2019).
and other hobbies. Rhea has an interest in investigatPractice for the interview beforehand by pre-re- ing the impact of contemporary events, and emerging cording your answers to go through with some- technology in the FinTech and and Legal Tech domains. one you trust. Refrain from stuttering, fidgeting or looking away from the camera as ‘the system assumes the use of cue cards or another voice guiding you’, which may seem disingenuous (Harver 2018). Utilise industry-specific lingo, incorporating lexemes matching the job posting. Recruit-
12
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
HEARSAY Law students are in actual fact rather funny creatutes, contrary to popular belief. Here are some of the iconic quotes that have been circulating around throughout T1. For those of you quoted - don’t worry, the hearsay rule applies.
“I like to schedule after-work drinks on a Thursday night so I’m hungover on their time, not mine.” “Nothing like walking in the heavy rain to make you sad about having lots of horses.” “There’s no way Deakin can change the marking schema in Week 8, I reckon we’re definitely safe from our marks counting towards our WAMs.” “You know what really helps? Always waiting on a delivery. Like order something online, and when it comes, order another. That way you’ve always got something to look forward to. It’s really keeping me sane.”
“I am answering this assignment like any good law student; it depends.” “Hey, is anyone interested in a three-day ongoing voluntary role where you will complete billable work?” “Everyone was over this like a fat kid on a cupcake.”
13
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
PEOPLE' S CHOI CE PANEL SPONSORED
BY
The Industry Careers Portfolio wants to hear from YOU for our first ever DLSS event that will be chosen by students! In the past, we have chosen what area of law our panels focus on, but not its your turn to decide. Select the area of law you wish to be the focus of for our next Industry panel - and we will select three panellist from the area with the most votes. Or, alternatively, submit an area yourself! We are very excited for this initiative, as it allows the Deakin law cohort to decide on what area of law you want to learn more about. Select the area of law you wish to be the focus of for our next Industry panel - and we will select three panellist from the area with the most votes. But what will the panel cover? This panel aims to provide insight to students into the various avenues into practicing the chosen area of law. The panellists will discuss their experiences in the area of law, including the journey into how they got to their current positions in their career, as well as the challenges they may have faced. Overall, this panel aims to equip students with an understanding of what organisations are looking for in a graduate and empower them to consider a career path alternative areas of law.
Survey Here!
14
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
Guarding Against Digital Forgery CASSANDRA HOOIMEYER Why we still use ink
Generally, however, the ETA provides comfort that a transaction is not invalid merely because it is conduct-
Is there something of a grand tradition in the physical
ed electronically. There are three requirements to a
wet-ink signature, reminiscent of those heavy seals of
valid electronic signature, as found in section 10 of the
old?
ETA.
I’ve stood before a printer churning out reams of pa-
• There must be a method used to identify the per-
per in single-sided triplicate for eighteen signatures.
son signing, as well as their intention to be legally
I’ve had to rescan those documents only to find they’re
bound;
too heavy to ‘send to email’. With the Electronic Transactions Act (Cth) (ETA) already dating back to 1999, surely there’s a more efficient, cost-effective way to execute contracts.
• That method must be reliable in a measure appropriate in light of all the circumstances; and • The recipient of the signature consents to the electronic form of the transaction. This begs the question, what is a ‘reliable method’? A checkbox? A name manually entered via the keyboard? Your automatic email signature? Is the insertion of a signature picture into a Word document a ‘reliable method’? This question highlights the difference between an electronic signature and its gifted child, the digital signature. An electronic signature can consist of a manually typed first name at the bottom of an email or a pictorial image. Unfortunately, there are limited ways
For some documents, ink is still the way. Certain doc-
to verify where the electronic signature came from or
uments fall outside the scope of the ETA, such as wills
how it got there. In contrast, a digital signature cap-
and power of attorneys. The ETA also does not apply
tures more information,creating a unique digital identi-
to the Corporations Act 2001 (Cth) (CA), which can
ty that’s secure, tamper-proof and verifiable.
be problematic in certain circumstances. For example, section 127(1) of the CA outlines the notion of docu-
But while digital signatures are stronger, they have not
ment execution, but is ambiguous on whether the term
rendered the electronic signature extinct. In circum-
‘document’ should be construed narrowly or broad-
stances where one’s email password is rigorous, ap-
ly with regard to the section 129 protections against
propriate document processes and protections are in
fraud.
place, there is a more intimate business relationship and the transactions are lower risk, it is fathomable
Requirements of an electronic signature
that a simple electronic signature could, indeed, be a ‘reliable method’. 15
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
As the risk escalates, so should the measures taken to ensure that each document is executed by the correct
• Digital signature certificate: The most secure and highly verified type of digital signature.
people. 3. Evaluate transaction profiles A way forward What sort of transactions are being conducted? Small 1. Get basic security measures right
and frequent? High-risk? How critical is document integrity during the execution process as they are ex-
Have a process that keeps electronic communications
changed between parties? What is the company’s risk
secure. Use a password manager to generate and re-
appetite in relation to the potential of the section 129
cord complicated passwords and keep that master
protections of the CA not being applied?
password under lock and key. Each step you take to limit access to your electronic communication meth-
4. Design a business process
ods also limits your liability. In the last decade, it’s been held that even one’s first name entered at the bottom
What sort of organisational control is needed over the
of an email can, in some circumstances, be legally bind-
execution process based on the types of transactions
ing. So, change your passwords… I mean it. Change
and the various benefits of the different execution
them.
types? Do you have the technology to mitigate the risk profile (e.g. encryption, secure storage, multi-factor au-
2. Understand the execution types available
thentication)?
I consider the main options of executing a document
Map the risks, map the needs & follow the most appro-
to be as follows:
priate process!
• Typed name: Not in your handwriting, but can count as execution
En garde!
• Pasted image: Can be pasted anywhere, but does Cassandra’s just another law student. She side-hustles un-
count as execution • Digital signature: From checkboxes to Adobe Fill & Sign, there are many affordable options available • Wet-ink signature: Remains the tried-and-true with some practical drawbacks 16
der the brand Widergeese.
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
The Future of Legal Education
QUENTIN ROTH - ANIKA LEGAL
Legal education is peculiar and has always had a beer bottle. Students must be sufficiently familiar tendency to tug students in conflicting directions. with the various doctrines of the legal tradition so But today, this tension is palpable from the mo-
that they can adequately perform their role as ‘Of-
ment students take up their studies. No doubt im- ficers of the Court’ upon professional admission. mediately before they open their first textbooks online, students will have blindly bound themselves
However, law students also train to enter a work-
to some ‘User Agreement’ out of pure habit. Law force like any other, that is, one embedded in an students realistically cannot feign ignorance for economy that increasingly eschews tradition and long after that; just as they start to learn what the flirts with AI-enabled withdrawal from the labour law attempts to do, outside of the classroom they market. The law, as a social phenomenon, is also discover just how much it fails to do. For some, undermined by the shortcomings of practice. Barthis may spark inspiration to enter politics, law re- risters speaking gobbledygook, solicitors charging form, academia or even drop law altogether and for sub-minute phone calls and judges citing objoin a circus (did I mention politics?).
scure latin maxims are oft-lamented examples of a profession lost in another time.
For those students who maintain enthusiasm for a ‘professional legal career’, it is often curbed by the Future-proof education uncertainty of what that career might look like. The existential crisis that the law faces in the re- Law students in 2020, predominantly millennials, mainder of the 21st century is mirrored in the col- are aware of these shortcomings but do not feel lective psyche of our next generation of lawyers.
adequately prepared to engage with them upon entry into the profession.1 Therefore, innovation in
Profession vs Practice Law students chiefly train to enter a profession. The law, as a chronicle of doctrines, requires its future custodians to academically understand how society has come to accept the rule and sanctity of law across the key arenas of our adversarial system. The quaint nature of our common law invites students to intimately recite trivial moments of history as poignant illustrations of justice; instead of David and Goliath, we have a snail and a ginger
17
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
legal education is required to ensure that the next innovation-rich melting pot of the 2018 Global Legeneration of lawyers does not languish in the gal Hackathon. A group of friends reflected upon face of unprecedented client needs and capabili- their experiences as law students and young lawties. Many law students also encounter practical yers to consider how technology may be used to barriers to accessing clinical opportunities; the de-
address unmet legal need in the community, whilst
mands of time, previous experience and distance mobilising experience-hungry law students. By can prove too great to overcome, particularly virtualising the traditional model of a community when selection is competitive. What’s more, some legal centre, Anika provides students with a flexivolunteer opportunities play out as stereotypical ble clinical experience that bundles social-impact, unpaid internships, where memorising coffee or-
meaningful work and legaltech.
ders and unjamming printers are essential skills. The future of legal education must expose students to this reality of 21st century practice, or else the generational divide between the lawyers of today and tomorrow will be stark. One day, today’s students will be custodians of the deep legal tradition and must be prepared to navigate it through the fourth industrial revolution. Quentin is on the leadership team of Anika Legal an award-winning legaltech startup, clinical placement In order for law students to capitalise on the host and registered charity currently specialising in resemerging careers in NewLaw, they must instead idential tenancy matters. learn how to channel professional compassion through the technology available to them and their clients. Legal recruiters look favourably upon graduates who have diverse experience, particularly those who exhibit a flexibility in working environments and styles. Given the age of most law students, the pool of candidates for graduate recruitment is abundant with eager tech-natives. However, ratification of the tech revolution into formal curriculums has been slow, and the balance between traditional rigour and professional reality remains elusive. At Anika Legal, we see immense potential for innovation in clinical legal opportunities. Anika is the brainchild of six co-founders, created within the 18
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
In-house Lawyers: the ‘GPs of the Legal World’ JESSIE PORTEUS - THE LEARNED CREW In-house legal is currently one of the fastest growing segments of the Australian legal profession, representing around 30% of Australian lawyers (according to the Association of Corporate Counsel Australia, 2017). Despite this current rise in popularity, with 34% of organisations currently employing at least one junior counsel, there is a distinct lack of information about in-house legal roles and career opportunities among law students and young lawyers; there is a gap to fill. Law firms dominate the discussion amongst law students, and each year the best and brightest compete for the coveted law firm summer clerkship. But what about in-house legal roles?
high value transactions and advising the board on strategy and risk, as well as advising on day-to-day legal issues. In-house lawyers are expected to be legal advisors and business people at the same time. They are both the client, and the client’s adviser at the same time (which does come with complexity when it comes to ethics and discharging a lawyer’s
In-house legal roles provide such a fantastic opportunity for lawyers to be at the interface of law and business, working closely within their organisation to deliver advice that is not only legal, but also commercial, strategic and sometimes even creative. In-house lawyers must therefore be ‘more than just lawyers’, acting as highly trusted advisors of all matters related to law and business. With respect to Harvey Specter from Suits, inhouse lawyers are absolutely not ‘paper pushers’. The role of the in-house lawyer has evolved and grown over the years. So what is an in-house lawyer exactly, and what do they do?
duty to law and the court). In-house counsel are often generalist lawyers. I like to call them the “GPs of the legal world”; constantly diagnosing and curing everyday issues faced by the organisation. However, if there is a particularly specialised or unusual matter, then an in-house counsel can refer to a specialist to assist (and that is where the role of the law firm or law firm panel comes in). To compare to private practice, in-house lawyers generally don’t have billable hours or targets (win!). But don’t let this fool you, this does not mean there is less work to be done or less matter
The in-house lawyer is a commercially-driven, highly-trusted legal adviser who works solely for one organisation (its employer), often occupying a seat at the decision-making table as well. In-house lawyers are ‘more than just lawyers’ - working on 19
reports to write. While you may have a little bit more flexibility and may not have to work until midnight every night,
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
the hours that you do work during the day can be very intense; as you might work on 10-20 different things in a single day, all of which are urgent! There is also growing
A TYPICAL DAY IN-HOUSE* (*No day being yupical - but that’s the beauty of it)
pressure on in-house lawyers to deliver more value, and
THE MORNING RITUAL
to ‘do more with less’. It is not just about the legal work,
8am: check emails, prioritse your tasks for the day and respond to quick questions.
it is also about proactive projects too – like automation projects, training, tip sheets, legal clinics and more.
9am: attend legal team meeting to discuss workload in the team and share ideas on team projects.
Here is what a typical day in-house might look like:
9.30-10.20am: attend your legal clinic, where business clients can turn up and ask quick questions and btain legal advice. GETTING INTO THE WORK
So you want to be an in-house lawyer? There are a few ways in: 1. The well-trodden path is to start in private practice, and then move across with a few years of training and experience under your belt. 2. Some big organisations may offer graduate in-house roles, so going straight in-house is possible. 3. Check out The Learned Crew’s in-house course and in-house legal clerkship program! I started The Learned Crew to prepare the next generation of lawyers for the real world of law through legal training, online courses and mentorship. To help our mission, we started Australia’s first ever in-house legal clerkship program, and just launched an online in-house counsel course which covers in-house basics and skills. With 13 self-paced modules filled with videos, insightful content and interactive simulation activities, and a completion badge at the end, you can put this on your CV! It only costs $19 and I hope will help in your professional development and career planning. I hope to see you at the course soon!
11am-1pm: work on the biggest contract you have in your inbox - a multimillion dollar sales contract. 1.30-2.30pm: you attend a phone call with a counterparty to a sponsorship agreement, advise your client on the negotiation points and mark-up the contract with the outstanding issues. 2.30-3pm: you apply for a trade mark for a new brand and call your head of marketing to discuss next Steps. RESPONDING TO THE FIRES 3-4pm: you receive an urgent email about an employee issue. You put aside the orocurement agreement you had planned to review at this time, to advise HR. 4-5.30pm: the M&A deal that has been bubbling away in the background has statted gaining momentum you review a new document that has come through on the dataroom, and call the strategy team and external law firm to discuss next steps. A call with th UK counterpart is arranged for 11pm tomorrow night. INNOVATING 5.30-6pm: update the legal team’s intranet page with some guidance for the business on checking ABNs. 6-6.30pm: put the final touches on a contract automation tool you’ve been working on, which you’ll launch at the end of the week. AS IN-HOUSE LAWYERS, IT IS ALL ABOUT BEING A ‘GP’ OF THE LEGAL WORLD, AND HAVING THE ABILITY TO ASK THE RIGHT QUESTIONS!
20
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
Virtual Experiences and Clerkships: Innovation Bridging the Gap Between Experience and Education CALVIN WHITE As law students, we all acknowledge that we are The very first task involved drafting a Power of at the beginning of a journey that culminates in a Attorney to empower a partner of the firm to highly competitive market for clerkships and grad make decisions on behalf of the client during the positions. As a student beginning my third year of acquisition. I found this an exceptional learning exa five year double degree in Law and Commerce, perience, as the task also involved reviewing and I find myself in a difficult position, familiar to many, correcting changes made by another person. I was where it can be hard to gain experience without then asked to select the correct ‘execution block’ any pre-existing experience.
for the Director of each company to sign. I struggled with this task, so decided to submit the document
To combat this issue, I undertook the Commer-
to obtain a model answer. After doing so, it be-
cial Law Virtual Ex-
came clear that
perience Program
the virtual expe-
with King Wood &
rience provides
Malleson,
provid-
a chat assistant,
ed by InsideSher-
which I should
pa. This is a fully
have utilised to
immersive
online
help me better
experience which
understand the
took place during
problem I was
the break between
trying to solve.
T3 2019 and T1
This is an exam-
2020.
ple of one of the ways in which these innovative virtual experiences can significantly contribute to
This was a great experience which differed signifi-
our learning. Furthermore, a program such as this
cantly from what I had originally expected. I was allows you to learn from your mistakes in an enviimmediately thrust into a case-study, whereby I ronment much less confronting than a real-world was instructed that I would be playing a support
scenario, so you can dip your toe into practical
role in mergers/acquisitions for a client, who rep-
legal work without the pressures associated with
resented a firm looking to acquire another com- working in an actual firm. pany. Hypothetical work experience tasks were outlined by the supervising solicitor via a video feed, immediately providing a real world feel.
21
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
Moving forward in the experience, I got to try my hand at many more tasks directly related to the M&A client, including: • Helping to prepare a request for information while completing due diligence for the company pre-takeover; • Helping a client to understand the civil litigation procedure after the takeover company made misrepresentations; • Identifying key principles from case law to determine if they are relevant to the litigation; and • Helping the client to understand the pros/cons of mediation and litigation. In total, the experience took just 5 hours to complete, with the bonus of a certificate of completion to add to the CV! I took a great deal of value away from this experience, especially after being provided with model answers to evaluate my own work.This sort of innovation provides a brilliant opportunity to gain a competitive advantage before entering the clerkship marketplace and develop some practical skills that may have not been developed during studies. Many of the tasks were far more practical than the content provided in seminars or classes throughout normal university units, thus providing a really good insight into the day-to-day tasks that would be undertaken as a clerk or graduate at a commercial law firm. InsideSherpa are doing great things in this space, and there are a wide range of firms providing virtual experiences to students. This is a truly great way to explore the legal landscape and find a niche that appeals to you.
22
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
LITTLE FAILURES Everyone’s lives exist somewhere on the spectrum of chaos. This chaos consists of trial and error, but with a strong slant towards error. Here are some of our little, and big, failures. We’re all the same, so you’ll probably feel as though these failures are speaking to you.
“I didn’t try hard enough in my law subjects because I thought the marks would not count towards my WAM.”
“Realising 7 weeks into trimester 1 that you didn’t fail your trimester 3 unit and they actually just LOST your exam so now you’re redoing the whole unit for no reason.”
“Deleting 1200 words of an assignment thinking that we were 1200 words over the 2000 limit; turns out footnotes were being counted and we actually ended up needing to write 700 words more.”
“I was running across Collins St and my shoe FELL OFF MY FOOT and I had to run back barefoot, grab my shoe, cross the road BAREFOOT and put my shoe back on.”
23
ET CETERA - ISSUE 1 2020 | INNOVATION IN LAW
“I forgot to post to a social media account I run because I was playing club penguin.” “During my heat in senior negotiaiton I accidentally sent a message in the chat system to EVERYONE instead of my partner.”
“I posted on my Instagram story telling my friends about these two unusually gigantic almonds I found in my mixed nut pack only to later find out that they were in fact brazil nuts.”
“Asking someone based in London to meet me in the Melbourne CBD.” “Finding your bottle of wine which has been signed by the Prime Minister open and in the cooking wine collection because your stepdad neither noticed nor cared about the signature.”
“I was on the phone with someone I really admired for an informational interview and said verbatim: ‘I low key want to be you’.”
24
DLSS May 2020