Interview with Judge Mara Barone

Judge Barone

Mara Barone SC was admitted to practice in Western Australia in 2001. She commenced practice at the Legal Aid Commission of Western Australia and, following eight years at the Aboriginal Legal Service of Western Australia, commenced her own firm in 2011. Her Honour practised at the Independent Bar from May 2018 until her appointment as a judge of the District Court in May 2020. Judge Barone has been a valued member of the Law Society since 2009 and has made a significant contribution to the Society’s CPD programme for online learning. In this interview with the YLC, Judge Barone provides insights into her distinguished career and offers valuable advice to new lawyers.

Where did you start out as a new lawyer, and what was your work life like when you first began your legal career?

Barone J: I completed my articles and then my first couple of years as a lawyer at Legal Aid WA. I then moved to the Aboriginal Legal Service (ALS) in the Criminal Unit. In respect of work life, the experience of being a duty lawyer definitely stands out. As a duty lawyer you have to think quickly and be able to deal with a range of matters. Literally any type of matter could walk through the door. It was challenging, but it helped me to learn the law. As a duty lawyer you are required to adapt, take instructions quickly, give advice succinctly and think on your feet, all while trying to get the Court to know and respect you. Many of my career long friendships were forged with other duty lawyers as we banded together. I remember those days with fondness. In my view, being a duty lawyer is the best training for a career as a good criminal lawyer.

How did you expect your career to go as a new lawyer, and how right or wrong were you?

Barone J: I don’t remember actually thinking too much about where the rest of my career was headed when I was a new lawyer. I focused on one day at a time. I was more nervous about getting the ‘being a lawyer’ bit right, or as right as I could get it. I wanted to do a good job for the people I was representing. I definitely did not envisage becoming a Judge. At some point I started to think about applying for silk, but that came much later on. Neither of those things were on my radar at the start. I was more interested in the challenge of advocacy, getting better at conducting trials, and enjoying what I was doing whilst helping people.

What was the biggest highlight or challenge for you as a new lawyer?

Barone J: The biggest highlight for me as a junior lawyer was working at the ALS with an incredible group of talented criminal lawyers. All of the lawyers in the Criminal Unit were well intentioned and pitched in to get the job done. It was also an overwhelmingly supportive environment. Everyone shared their knowledge and experience without hesitation. I always felt like part of a team and the lawyers all looked out for each other. There was a comradery, energy and spirit about the Aboriginal Legal Service that was bigger than its parts. Finding your voice is always a big challenge as a junior lawyer. Even if you are someone who is loud and opinionated, it is still hard to find your voice in Court. To be comfortable hearing yourself speak in a room full of others and have a commanding presence isn’t easy. You just have to find your own style and be your own advocate.

What do you know now that you wish you had known when you began your career as a lawyer?

Barone J: Don’t be in such a rush. When you’re a new lawyer it is very easy to get swept up in ticking off achievements. But to quote Ferris Bueller: ‘life moves pretty

fast. If you don’t stop and look around once in a while, you could miss it’.

What was the major issue facing the profession when you were a new lawyer, and did we fix it?

Barone J: Finding employment was the biggest stress for graduates when I was a new lawyer. 20 years ago we were worried that there were too many graduates for too few employment opportunities. Sadly things don’t appear to have changed for the better in 20 years. When I had my own firm and was employing lawyers, I always looked to hire people who seemed like interesting people with varied life experience. So focussing on more than just the law is important.

How has the focus on wellbeing changed since you were a new lawyer, and what advice do you have for managing the pressures of working as a lawyer?

Barone J: As a junior lawyer at the Aboriginal Legal Service the work could be very challenging and emotionally draining. The ALS knew long before there ever was a ‘wellness’ buzzword that you cannot simply keep working without letting off steam and enjoying life by hanging out with friends and colleagues, often over lunch and a bottle of wine. I was fortunate that the ALS recognised that happy people make for better lawyers. Take holidays is my advice. As I got busier and busier, it got harder and harder to make it happen, but that alone was always a good indication that I needed a holiday. You need to be able to have a break and decompress.

What advice would you give to new lawyers appearing before you?

Barone J: Be prepared. Everyone stresses the need for preparation because obviously it is important to be across all of the material and the issues to do your job effectively. But being prepared is important because it shows the Court that you actually care about your own integrity as a lawyer. Being prepared indicates that you take your responsibility seriously and that you value what it takes to be a well-respected lawyer – that is what is impressive about a well prepared lawyer.

What initiatives have you been a part of that were directed at new lawyers?

Barone J: In 2015 Lisa Boston and I were talking to each other about the way that female criminal lawyers could better support each other. So together we created the Women in Crime Business Group. We registered it as a reading group with the Legal Practice Board. It is a group solely for women practising criminal law in the private profession who therefore don’t have the support offered by employers such as Legal Aid, the ALS or the DPP. The group is open to all female criminal lawyers including senior and junior practitioners. The group meets once a month for CPD (presented by judges, experts or lawyers) and holds an annual conference (usually down south). Meetings provide a chance to touch base with everyone and for junior lawyers to get to know more senior lawyers and seek their support and advice. Lisa and I hoped it would be a way to support other woman and make sure that no one was alone in navigating a demanding profession. It should never be beyond someone more senior to check up on others. I had the benefit of that as a junior lawyer, so paying it forward was always really important to me.

What are the key tips you would give to new lawyers who are just starting out?

Barone J: Don’t stress too much, it does get easier. But remember, if it feels too easy then it’s probably a sign that you’re not invested in doing a good job anymore and you need to re-evaluate. Also, get to know people. Don’t be afraid to get to know lawyers from a broad cross-section of practice areas and firms. Knowing people doesn’t just open doors and create opportunities, it also means you’re exposed to different perspectives and are constantly challenged. One of my earliest managers told me ‘you catch more flies with honey than vinegar, the same is true in law’. He was undoubtedly correct.