Legal Careers

® Legal careers There are many, and varied, careers available in the • Law Clerks and/or Paralegals will be expected by most legal profession. employers to have completed some formal post- secondary legal study, and have ‘hands on’ For example: experience in the legal workplace. • Australian Legal Practitioner, working as a Solicitor or • Legal Secretaries will generally be expected to have as a Barrister very good computer and literacy skills and, depending • Court Registrar upon the employer, may need to have completed some formal post-secondary legal study. • Legal Executive™ • Law Clerk • Those seeking employment in other roles, such as Deeds Clerk, Mail Clerk or Legal Receptionist, will • Paralegal generally be expected to have good computer and • Legal Secretary to a Solicitor or a Barrister literacy skills, and organisational skills. • Deeds Clerk • The requirements may differ depending upon the • Legal Receptionist nature of the employment, and employer • Mail Clerk. requirements. • Most positions will require good English skills, and Legal positions can be found in many places. some may also require numeracy skills. For example: Starting points in non-legal practitioner roles. • Private law firms Everyone employed in the legal profession starts at a • The legal departments of corporations junior level, except graduates of Law Degree courses • Government organisations although they too must undergo training in the • The Courts and Tribunals practicalities of Law. This is whether you complete formal • Community Legal Centres. post-secondary legal study before you gain employment, or undertake study on a part-time basis whilst employed, Each career will have its own requirements. because you must learn to apply what you have learned to your everyday work. For example: Employers always look for a neat appearance and a good • In order to become an Australian Legal Practitioner, a attitude – it is expected they will take into account that person must complete an approved Law Degree, you are nervous at first, but will expect you to show a complete Practical Training, be admitted to the willingness to learn on an ongoing basis, and to be willing Supreme Court, obtain a Practising Certificate; and to undertake different tasks given to you. then further training is needed if the person wishes to practise on their own – the extent of this will depend Everyone is given basic tasks at first, but if you remember upon whether the person intends to practise as a that each task has the potential to teach you a little more, Solicitor or solely as a Barrister (see LIV link below). you will have the right attitude. Also remember that each task in itself is important. Law Clerks and Paralegals. Posting the mail on time may not seem vital, but if you consider that a client may leave her/his Solicitor because Generally, the work of a Law Clerk is quite similar in all s/he felt that the Solicitor was not attending to the States and Territories of Australia, and in some other client’s matters promptly, or that an important Court countries such as New Zealand, the United Kingdom, document may not be received by another firm within the Ireland, and Canada. In America, and elsewhere, Law required time, posting the mail does become an Clerks are often referred to as ‘Paralegals’. However, important task. The same issue applies if you are although the term ‘Paralegal’ is becoming more popular instructed to forward the communication by email. in Australia, a ‘Paralegal’ position will not always be what you expect it to be as, in America, Paralegals are formally In the legal profession, particular emphasis is placed upon trained and recognised, whereas here the role of a the ability to: Paralegal can differ markedly in various jurisdictions, and • follow instructions, and always ask for additional even between firms. We are focusing here on what might instructions if unsure be seen as ‘traditional’ career paths and the general role of a Law Clerk within Australia. • work in a team environment • maintain confidentiality of client information which, Often in the early years of training, working as a Law Clerk very simply put, means that anything you see, do, or or, in some cases, as a Paralegal, entails providing skills in hear in your workplace must not be referred to, legal procedure as a support to Solicitors and other legal discussed, or disclosed outside that workplace providers such as Government departments, or the • conduct yourself in an ethical manner, and Courts or Tribunals; or procedural skills to other providers such as corporate legal departments, or Licensed • when applying for employment, be very honest, Conveyancers. In later years, when a person has gained a including disclosing any serious offences so that the great deal of practical training, and often academic employer can seek approval from the Regulator to training as well, the Senior Law Clerk, or Senior Paralegal, employ you. will often have the day-to-day administrative management of her or his own files, subject always to Persons employed at basic entry level are usually asked to direct Solicitor supervision and instructions, and to the perform a wide range of tasks, which can include typing requirements of the Legal Profession Uniform Law (literacy and legal terminology), bookkeeping (basic (Victoria) and various State or Territory equivalents. accounts procedures), filing (organisational skills), answering the telephone (communication with clients Important note: Only an Australian Legal Practitioner, and others), making appointments and taking instructions being a person admitted to practise and holding a current (management and literacy skills), attending the Courts or Practising Certificate, is permitted by Law to ‘engage in Tribunals to file documents or completing e-filing (how legal practice’, which means perform legal work, give Court procedures operate, and where documents go after legal advice and/or provide legal services, no one else. typing), obtaining information from external providers Non-legal practitioners must work under the direct such as Title or Personal Property Securities Register supervision and control, and on the instructions, of a searches (what Solicitors, or Legal Executives and others Legal Practitioner. No matter what you learn in your supervised by Solicitors, look for when managing a file). studies, you must work on the instructions, and under the Over time, your level of responsibility will usually increase supervision, of your Legal Practitioner supervisor. as you gain further knowledge and skills. If you show a willingness to learn, and if you decide that Entry level positions also serve another important you would like to become a Law Clerk, or Paralegal, the purpose – they teach you about the duties and skills first step up is often to become a Legal Secretary or underpinning more responsible positions. Assistant. By learning from your direct supervisor, you will be able to obtain a working knowledge of what is General career entry points. entailed in administratively managing a file. If you have a supervisor who is willing to let you learn, and to use the Commencing points for your legal career can include: knowledge gained through training and/or formal legal Mail Clerk, Legal Receptionist, trainee Legal Secretary / study, you will generally be able to start doing some Personal Assistant, or trainee Clerk. It does not matter things by yourself before handing in your work to your where you start, because every job in the profession can supervisor to check, rather than only typing directly from teach you something – in our words, Experientia Docet a Dictaphone or shorthand notes or other instructions. Sapientiam: Experience Teaches Wisdom. Institute of Legal Executives (Victoria) [2020] … 2 In the beginning, this might only mean engrossing and Legal Executives often work at a very high level of typing some routine forms or short letters, but in time responsibility, although still always under Legal you will often find that your supervisor will rely upon you Practitioner supervision. Also, Fellows of the Institute of to perform other additional tasks. Legal Executives (Victoria) are authorised, by the Oaths and Affirmations Act 2018 (Victoria) to take Affidavits, You will probably be employed as a Legal Secretary or witness Statutory Declarations, and certify copy Clerk for some years, but you will find that whilst in the documents as correct, in Victoria. beginning you will only carry out routine tasks under very detailed supervision, after a while you will no doubt carry As may be expected, there are a number of requirements out many tasks often performed by a Law Clerk, or entailed in applying to become a Fellow of the Institute of Paralegal (although still always under supervision). Legal Executives (Victoria) including, generally, eight years’ service in the legal or related profession with five The next step is to talk to your supervisor / employer of those years served at a senior level, academic about being recognised as a Law Clerk, or Paralegal, achievement, and satisfactory completion of an within the firm or department, and being allowed to work Examination. Lesser requirements apply for general in that capacity. If you have shown ability and dedication enrolment with the Institute. There are also ongoing to your duties, your employer may decide to allocate to Continuing Professional Development requirements – you a certain number of straightforward files for day-to- ongoing learning. day administrative management (again, always under the supervision required by the Legal Profession Uniform Court Registrar. Law). You will probably have to do all of your own typing, as you will still be employed at an initial level; and in fact A career as a Court Registrar is, as it sounds, focused on many people responsible for the day-to-day working in the Courts and providing administrative administrative management of files do their own typing support in a broad range of legal contexts. This can be an (even many Solicitors these days have computers on their excellent career path for a person who is interested in desks!).

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