EMMA SHORTT
Volume 2, Issue 2 (Originally Published 30 July 2012) Profile Name: Giuseppe Ensabella Firm: Baker & McKenzie Graduating year: 2011 Degree: LLB At this point in the year, firms have visited MLS multiple times and preached what they want in their students: teamwork, communication, etc. It was interesting interviewing Giuseppe because he brought the other side to light - that firms want team players who communicate well, but also look for well rounded people who have interpersonal skills and a variety of interests outside work For Giuseppe, the “romance with Baker & McKenzie” began with a paralegal-type role, arising from the firm’s need for a fluent Italian speaker and Giuseppe’s ability to fill that role. But this job didn’t come knocking at his door. Giuseppe arrived at the end of his second year studying law to the realisation that in a couple of months’ time he was due to complete clerkship applications. A second realisation hit - he had no legal experience, so he thought he'd better do something about it!. This led to a manic job search which appeared to be fruitful after interviewing at a small firm and being given the position. The problem? Once he was told he got the job, Giuseppe never heard from the small firm again. The manic search for a job continued, with a paralegal role at Baker & McKenzie being the position he eventually landed. From there, Giuseppe's Baker & McKenzie experience flourished – he undertook a paralegal position for half a year, did a clerkship, became a part-time research clerk, and landed a role as a graduate. Giuseppe noted that, in every team and practice group he worked with, everyone was very approachable and had an open door policy, and there was a genuine sense of collaboration as well. In fact, Giuseppe said “If you don’t know whether you’re doing something right, you can always ask the person next to you.” On the Clerkship Process Giuseppe was applying for clerkships when the GFC hit Australia, in autumn 2009. He said that he knows “a lot of people with good marks and a lot of hard working people with great experiences who didn’t get a clerkship”. He specifically remembers one friend who had 10 interviews and didn’t get a single clerkship. Giuseppe himself applied for 6 clerkships and only received one offer. Giuseppe recommends trying to get a sense of the firms you’re applying to. He notes that while he was at university, there seemed to be a sense amongst the students that one should at least try the corporate experience. However, he said that “not everyone who goes through a law firm is aware of what a corporate firm does. And some of these people who go to a corporate firm really don’t enjoy their experience.” In other words, make the choice to be in a corporate firm, and then make the choice regarding the firm you want to work for. The Graduate Rotations The graduate rotations at Baker & McKenzie are 3 x 6 months. Giuseppe’s first rotation was in property, which involved drafting leases and contracts of sale, debt enforcement, and due diligence on properties to be purchased. His favourite part of this rotation was having substantial contact with clients. His second rotation was in dispute resolution and litigation which involved working on prominent matters for top clients… and a lot of research. His favourite experience was when he got to do that thing “that so many lawyers want to do the moment they start their degree – go to Court!”. His current rotation is with the corporate team and is exciting because Giuseppe gets to work for a number of international clients under the direction of an international partner - an experience that he is only able to do working for such a large, international firm. Law School vs Work As many of the alumni have noted, law school is hard work. Giuseppe thinks that one of the distinguishing features of having a full time job is that “you’re productive every day” whereas with uni “it’s hard to stay motivated” and “SWOTVAC’s a very stressful period”. But law school was definitely not that bad. The courses Giuseppe enjoyed the most were the practical ones such as Dispute Resolution with Camille Cameron and Advocacy taught, in part, by Hampel J. He also enjoyed Competition Law with Arlen Duke but had a word of warning that those of you who took the course last semester are probably well aware of- “Get ready for the exam!” Best and worst of working in Law Best: finally being able to do some "real" legal work, the people he gets to work with and has met along the way, and mixed netball (go Obstructions!). Worst: the longer days, with the occasional late night (the latest Giuseppe’s faced is 12:30pm). Best advice: from his mum “Always consider other people’s advice, but stick to your own.” If he ruled the world for a day: “I’d make it a public holiday.” Favourite coffee spot near MLS: “Definitely Seven Seeds.” Emma Shortt
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BRONWEN EWENS
Volume 2, Issue 2 (Originally Published 30 July 2012) Associate Professor John Tobin, who teaches Human Rights Lawyering, MJIL – Research and Writing and Legal Research – Children, Rights and the Law at the JD level, as well as coordinatingLegal Internshipsin all the law school’s programs, has had an unusually diverse career. He talked to De Minimisabout his multifarious professional life and his many non-legal enthusiasms. Growing up in a Family Culture of the Law John’s grandfather was a police officer and his dad a magistrate. It’s therefore not surprising that, from anearly age, spent he spent time sitting in the back of courtrooms, learning not just about legal procedures but also imbibing ‘a culture of the law’ – including a strong feeling for social justice and a desire to promote it. In spite of this background, once he began his Law/Commerce degree at Melbourne, John found himself ‘not overly engaged in the law’. None of the compulsory subjects held much appeal for him, and Contracts was his very least favourite. Only when he took international law as an elective, and was exposed to such inspiring teachers as Hilary Charlesworth, was he less concerned that he had made a mistake by choosing law over medicine or architecture. Forging a Career Centred on Passions John claims that he has ‘never had a long-term career plan’; instead, his career has moved along as he pursued his interests. Having started in a large commercial firm, he then moved to Victorian Legal Aid. Next came a move to London to obtain an LLM with distinction. His next job was in Florence, with UNICEF. While the post at UNICEF reflected his interest in children’s rights – a subject on which he has authored several reports and articles – living in Florence also made him a confirmed Italophile. He admires the zest for life he found in Italy, the uncomplicated enjoyment of food, family and friends, which is less marked in English-speaking countries (though he also loves the energy and unique vibe of New York). After UNICEF, he returned to Melbourne to work as a Legal Officer with the Department of Justice. An invitation to work to work with Professor Philip Alston from NYU lead to an offer of office space to undertake his research at Melbourne Law School from Professor Cheryl Saunders. This in turn led to his appointment as an academic at MLS. This career path has been rich and varied. He has been Visiting Professor at both the American Academy of Human Rights and Humanitarian Law, Washington College of Law, American University and in the Law School at New York University. In 2011 he was the Senior Scholar in Residence at the Center for Human Rights and Global Justice at NYU Law School. John’s own career demonstrates how broad and diverse the opportunities opened up by a law degree are, and he considers this one of the greatest advantages of a legal education. For him the best thing about the practise of lawyering itself is ‘representing a disempowered or vulnerable person and being able to help. That is a true privilege’. The adversarial nature of the law is its least attractive aspect for John. In another life, he would like to be a paediatrician working on global public health issues – a job that would satisfy his desire to help children but in the ‘collaborative– as opposed to adversarial – profession of medicine’. Both John’s idealism and his concern for children are apparent when asked to name his favourite book. Without hesitation, he replies ‘Anne Frank’s Diary – a constant inspiration’. Advice for the World – and JDs If John ruled the world, we would all strive harder to cultivate empathy for one another, ‘to put ourselves in the other person’s shoes and respect other people’. His advice for JDs: ‘Don’t stress! Things will fall into place, especially if you create opportunities for yourself. Try to enjoy things and don’t rush too much. Take the time to make friends, get to know faculty, and get engaged in activities outside class. Above all, don’t be afraid to follow your passion. Whether deciding on electives or a career, don’t opt for what you think you ‘should’ be doing. Follow your heart and choose what you love’ Bronwen Ewens AUNTY ETHEL & AUNTY MOIRA
Volume 2, Issue 2 (Originally Published 30 July 2012) Dear Agony Aunts, I am thinking of getting involved in extra-curricula activities this semester, as I keep getting told that it is important for my CV. I’m just not entirely sure how to balance it with study and work. Do I need to give up on having a social life? -Frazzled **** Dear Frazzled, It’s about balance. And being able to say what great time management skills you have in an interview and citing your juggling of study, work, extra-curricula activities while being able to maintain a healthy, functional personal life as the example. Being busier may in fact force you to be more organised in terms of your readings, and instead of playing [insert current favourite online game here] in class, you will actually have to pay attention in class. Joining one of the journals could be a good idea, as it does not involve a weekly time commitment. Just make sure you don’t take on more than you can handle, as it is essential for your sanity that you don’t forego a social life. As a good friend of Aunty Ethel’s likes to say; just schedule the fuck out of it. -Aunty Ethel Dear Agony Aunts, I’m seeing all these posters for something called the Melbourne Uni Law Revue. What’s this all about, I thought the Law Review was a book? -Confounded by Homophones ******* Dear Confounded by Homophones, You are indeed correct, the Melbourne Law Review is indeed a book, a rather spectacular academic journal in fact, published three times a year by our fellow law students. The posters you’ve undoubtedly been seeing around however are for the Melbourne Law Revue, (notice the ‘ue’ there). The Law Revue is the LSS’s annual variety comedy show, a hallmark staple of the law-student-comedy-skit-show season. It has an excellent pedigree of hilarity, and I’m told tickets are on sale now so you should book fast! Aunty Moira BRONWEN EWENS
Volume 2, Issue 2 (Originally Published 30 July 2012) This week marks the one-year anniversary of Anders Breivik’s mass murder of 77 people in Norway. Breivik, a right-wing extremist, is due to be sentenced at the end of August, when five Oslo court judges must decide whether he should be considered criminally sane and sentenced to prison, as requested by his defence, or instead follow the prosecution's line and send him to a closed psychiatric ward. Breivik insists on his own sanity and has said that life in a psychiatric ward would be a ‘fate worse than death’. If he is sentenced to prison, however, Breivik can expect living conditions so pleasant that they have called into question the emphasis the Norwegian justice system places on rehabilitation rather than punishment.There are no life sentences in Norway and the maximum jail sentence Breivik could face is 21 years. But do the compassion and high-mindedness go too far? In Halden, many prisoners are not just vicious criminals, but hardened ones, repeat offenders who seem to give the lie to the ideal of rehabilitation. Yet they too can buy wasabi at the prison shop if they have a craving for sushi, receive overnight visits from loved ones, record music in the prison’s mixing studio and benefit from free English lessons (this option is popular with non-Norwegian prisoners; the Norwegian inmates all speak perfect English). To date, Breivik has been held at Ila, a high-security prison that has already converted one wing so it can be used as a miniature hospital. In any event, wherever he goes, he will be held apart from the other inmates. Lest he suffer from loneliness, Ila officials are already exploring the possibility of hiring people with whom he can play chess and sport. It seems that people will need payment to have sufficient incentive to associate with him. Already, some Norwegian prisoners have expressed reluctance to have anything to do with Breivik. At Halden, one of Norway’s highest-security jails and the flagship of the Norwegian justice system, where the inmates include all kinds of sex offenders as well as murderers, ‘everybody wants to take him out’, according to one prisoner. In the event that Breivik serves his time at Halden, and assuming he receives the same treatment as other prisoners, his cell will have its own flat screen TV and its own bathroom, complete with the kind of fluffy towel usually found in luxury hotels. Prisoners have their own fridges, cupboards and desks and the enormous, unbarred windows give views of beautiful pine forests. The pleasant conditions are of a piece with the Norwegian emphasis on rehabilitation and the absence of life sentences. The rationale is that civilised prison conditions will enable inmates to return to society as better people. Prisoners are encouraged to spend time with their guards, all of whom are university-educated, with majors in ethics, law and human rights. Bronwen Ewens ANNIE ZHENG
Volume 2, Issue 2 (Originally Published 30 July 2012) August 1, 2001 – US Judge Installs Ten On August 1 2001, Chief Justice of the Alabama Supreme Court Roy Moore had a large monument of the Ten Commandments commissioned and installed in the Alabama Judicial Building. What follows is a bizarre case of a member of the elected judiciary so faithful to a 2400kg granite block of tenets that he refused to remove it despite orders from a federal judge, eventually leading to a lawsuit and his own removal from office. Chief Justice Moore consistently defended the propriety of the monument in his courtroom, explaining that the Commandments were there to ‘establish the moral foundation of our law’. At the official unveiling, he declared that this day would mark ‘the return to the knowledge of God in our land’. Unsurprisingly, the monument generated political controversy and litigation soon followed. Organisations such as the American United for Separation and Church, and State and the Southern Poverty Law Center, among others, filed a lawsuit against the District of Alabama asking for the granite block to be removed, arguing that it clearly ‘sends a message…that the government encourages and endorses the practice of religion in general and Judeo-Christianity in particular’. Arguments advanced included evidence that people had begun treating the courtroom as an area of prayer, and lawyers uncomfortable with the religious atmosphere created changed their court visits and work practices in order to avoid seeing the monument. The presiding judge declared the monument unconstitutional; it violated the Establishment Clause of the of the First Amendment, which prohibited the government from giving preference to one religion over another. Moore vehemently refused to remove the monument, declaring that all law came from the ‘sovereignty of God’. He unsuccessfully appealed. He continued to defy the court order, which eventually resulted in his removal from office. The monument was finally removed in 2004. To this day, Moore stands by his decision and wrote about it in his 2005 autobiography, So Help Me God, opining that ‘those who sat behind benches…did not want to be reminded that there is a God…judicial restraint gave way to judicial tyranny, and a new law reigned – the rule of man’. Annie Zheng CHARLES HOPKINS
Volume 2, Issue 2 (Originally Published 30 July 2012) Charles Hopkins will be returning next week with his regular “L is for…” column, this week, his contribution is the quotation below. “I have the Law Revue production this week and did not have time to write anything. Apart from that last sentence. And this one.” Charles Hopkins EMMA SHORTT
Volume 2, Issue 2 (Originally Published 30 July 2012) The University of Melbourne Law School’s mooting team has placed 1st in the World in the IALSA* Space Law Moot. Team members Nick Baum, Jono McCoy, Ben Muller, and Jack Nelson beat out Cambridge University in the final round on Friday 27 July, at 3pm Hong Kong time. The final moot was judge by Dr Vernon Nase and Professor Rajesh Sharma of the City University of Hong Kong. Competing for the applicants were Cambridge University’s Ms Alina Sviderska and Mr Chris Sergeant, with Nick Baum and Jono McCoy as respondents. The moot lasted for a gruelling two hours, and included exchanges such as: COUNSEL: “Your Excellency, if I can just have thirty seconds [Extended pause]. DR NASE: “Oh yes. I was just lost in thought. Your arguments?” When asked how they felt about their top place finish, the team responded “We are over the moon!” Emma Shortt |