In an ideal world all lawyers
would work in the area of law they love and be paid a large amount to do this
work. The reality for junior lawyers is very different. In the current legal
employment market, law graduates are lucky if they can get any job as a lawyer,
let alone a job in an area of law they want to work in. It may seem an easy
decision to take a position working in commercial law, especially if a
relatively large pay cheque is offered. However, if working at a commercial law
firm is not your dream job, and you do not have the relevant experience at two
years PQE to transfer to your dream job, it may become increasingly difficult
to make that transition.
Why experience is key
The magic number in terms of
experience junior lawyers need before they have real bargaining power in the legal
market is 2 years post-qualification experience (2PQE). After 2PQE you will no
longer be on a conditional practising certificate and are considered a fully
fledged lawyer. The type of work experience you have at this point is key to
scoring your dream job. If you have been job hunting recently you would have
noticed that while there seems to be a glut of jobs for graduate lawyers, there
are plenty of jobs advertised for 2PQE lawyers. One reason for this is that
training graduates is expensive, and with the tight budgets many legal teams
are operating under, it is cheaper to hire a trained 2PQE lawyer than train a
law graduate from scratch. At 2 years PQE if you are not already working in
your dream job, this is your opportunity to make the jump. However, you can
only make the jump if you have the relevant experience. If your experience up
to that point is not transferrable to the area of law you really want to work
in, you may be in trouble.
The allure of well-paying jobs
After slumming it as a law student
for half a decade, it can be tempting to look for the highest paying graduate
job and go for that. Do not give in to this temptation. In Australia we have strong
minimum wages, and regardless of what type of legal job you land you will be
paid at least Award rate or minimum wage, which is sufficient to cover rent and
living expenses.
You should have a clear idea of
the areas of law you are interested in and the type of clients you would like to
work for. Law students have a tendency to forget about the type of clients they
want to work for when this is as important as identifying the area of law you
would like to work in. For example, if you have a keen interest in employment
law and industrial relations, your plan will be very different depending on
whether you would like to represent employers, employees, or unions. These
categories have a number of sub-categories. You will regret choosing the size
of your pay cheque over obtaining relevant experience when you later try and
transfer into the field of your dream job.
This is not to say you cannot have
both a job you love and be paid well for it. If you can achieve this straight
out of uni, go for it. If your life’s calling is to work as a taxation lawyer
in a large commercial law firm it may be that you can work in your dream job
and be paid well from the get-go. For most lawyers, it can take a while to
achieve both goals.
How to get a job in the area of law you want
At 2 years PQE you will have two
assets broadly speaking:
1. The
experience and skills set you have gained in those two years; and
2. A
narrative.
These assets are what will get
you your dream job. Speaking in the abstract can be difficult, so I will give
some examples of how your experience and narrative can land you your dream job:
1. You
want to work at a community legal centre
With funding cuts to community
legal centres around Australia, it is almost impossible to get a paid graduate
position. Lawyers at community legal centres need to be able to run their own
matters with little supervision, so there is a higher chance of getting a job
after you have a few years’ experience. Experience in a variety of areas including
leasing, family law, mental health, administrative law, and criminal law would
assist in getting the job, but experience doing legal work for vulnerable
individuals can be more important. If you find yourself at a commercial law
firm, try and get a rotation in the pro-bono team. Even better, work at a
smaller firm that represents individuals and has a large pro-bono presence,
work for Legal Aid or take Legal Aid work as a lawyer. Volunteering at
community legal centres after work hours will also show your commitment and add
to your narrative.
2. You
want to be a criminal defence lawyer
Luckily, smaller criminal defence
firms are often advertising for law graduates, as criminal law is litigious and
junior lawyers are always needed. If you can show a passion for criminal law
and demonstrate you studied relevant electives at university, you should be
able to get a job as a junior criminal defence lawyer. Experience working as an
Associate in the District or Supreme Court for a criminal law judge is also
well regarded. What you do not want to do is go to a large commercial law firm
and then later try and transfer to criminal law. If the only job you can get is
in commercial law, at least ensure it is at a smaller firm where you can get litigation
and court experience in the Local and District Courts.
3. You
want to work in media law at the ABC
This is a much coveted in-house
job in media law. To try and get this job, you will not only need experience in
defamation, IP, copyright and contracts, but you will also need in-house
experience. It is traditionally difficult for graduates to get jobs in-house.
However, if you find yourself at a commercial law firm, you may be able to go
on a secondment to work in-house for a period of time. You will also need a
convincing narrative that demonstrates a passion for media law and media
issues.
Hopefully you can see how
important the type of legal experience and narrative you develop after you
leave university is key to getting your dream job. If you are fixated on how
much you are getting paid, you may miss developing the experience you need to
eventually get that dream job. Good luck!
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