LLB Syd B. Com (Accountancy) NSW

LLM NSW

Honours:OAM

1968

Sole; Accredited Specialist Personal Injury law; expert in the area of medical negligence; Costs Assessor and Review Panellist; Sessional Member of the Personal Injury Commission.

Stern Law Solicitors, Bondi Junction; Boutique legal practice; Winner Waverly Local Business Awards 2019.

Past Chair Ethics Committee and current member; Past Chair Costs Committee and current member, Past Chair Injuries and Damages Committee and member for many years; Past Chair of Conduct Committee and member for three years; Past member Litigation Law and Practice Committee; Long-term member representing the Law Society of NSW of the District Court of NSW Civil Users Committee; sometime member of the Supreme Court of NSW Professional Negligence Users Committee.

1. Mandatory CLE as a service for Members, not a profit centre.

2. Restoring constitutional equity and influence to small practices rural, regional, and suburban.

3. Bringing technology skills and services to solicitors in need.

4. Gender pay equity.

5. The support and wellbeing of young lawyers.

Mandatory CLE

I have been a long-term advocate for the provision of affordable and utility based mandatory CLE to members of the Law Society of NSW.

Mandatory CLE delivered by the Law Society of NSW is expensive and comparable in cost to commercial CLE generally. Viewing the delivery of CLE as a significant profit centre is, in my view, inappropriate, and I will be advocating for fundamental changes in this area, while increasing the quality and utility of the CLE.

Constitutional change

Amendments to the Constitution of the Law Society of NSW came into effect in October 2022 and apply to this election of councillors. The 2022 amendments were carried by a small margin and, as a result of proxies and there is no evidence that the resulting changes are supported by the silent majority.

The net result is that now there are fewer positions available on Council to regional, suburban, and rural practitioners, who often require more support than their colleagues operating large practices.
Constitutional changes have come at a price to the representation of the regional, suburban, and rural practices and, particularly, of small practices generally which, going forward, will have much less influence on policy and on the welfare of the members of the Law Society of NSW.

Given the narrow vote, I will propose that further constitutional changes, reinstating the pre-October 2022 Council composition be investigated, and appropriate steps be taken to restore equity for vulnerable practices.

Technology skills & services to solicitors in need

Regrettably, not every solicitor possesses the technological savvy required in today's legal landscape. Many practitioners are vulnerable to cyberattacks and may struggle with inefficient practices. While I have been fortunate to receive assistance from younger colleagues with advanced computer skills, it is not their duty to teach these skills. Furthermore, a lack of skill is not an excuse for inaccessibility.

In my experience, good technology is expensive. Regional, suburban, and rural practitioners who are already practising in areas where their practices may not be as remunerative, but are desperately needed, are at risk of being unable to access essential software, skills, and assistance that they need for the efficient and appropriate management of their practices.

Gender pay equity and the wellbeing of young lawyers

In small practices, particularly, suburban, regional, and rural, female lawyers are still underpaid, and their work undervalued. A lack of equity in pay leads to overall dissatisfaction and frustration for those lawyers who now make up a significant portion of our Profession. This takes me to my next point.
I have extensive experience teaching and supporting young lawyers in their careers.
Young lawyers today are expected to maintain 6-hour billables per day and attend to all of their own admin and typing. As secretaries become increasingly obsolete and firms look for cost cutting measures, young lawyers are being thrown into looming piles of work, with little administrative support.

Unreasonable expectations contribute to unreasonable overtime. Let’s be realistic. Young lawyers deserve to enjoy their evenings and weekends too and not be exploited.

My Qualifications

In 2022, I was honoured with the Medal of the Order of Australia (OAM) for my substantial contributions to the legal profession in New South Wales. My commitment is evident through my service on the Law Society of NSW Council, the continued success of Lawyers Learning for Charity, and my ongoing support for solicitors in NSW.

My longstanding involvement with Lawyers Learning for Charity began during my time as President of the Eastern Suburbs Law Society. Initially focusing on personal injury law, it quickly became a success, drawing up to 180 participants.
The unique and entertaining nature of the seminar, along with distinguished guest speakers, ensured its popularity year after year.

The seminar was unconventional, welcoming lawyers with champagne and a violin trio, and featuring engaging quizzes and entertainment. Campbell McComas once impersonated the Chief Justice of the Supreme Court of Quebec, revealing his true identity at the end of his presentation.
The Eastern Suburbs Law Society continues to host Lawyers Learning for Charity annually, having raised well over $300,000 for charitable causes. I'm proud of the event's continued success, now managed capably by Melissa Tsui and Melanie Stern.

For nearly two decades, I also chaired the Injuries Damages Committee, advocating for the welfare of personal injury lawyers and injured individuals.
During my time on Council, I was the Law Society’s representative on the Professional Negligence Users Group of the Supreme Court, where we worked on Practice Note, improvements to the procedure, and expert conclaves.

Although I support the current Supreme Court Practice Note, I believe changes are needed in the District Court of NSW regarding expert conclaves.
As a former long-term member of the District Court Civil Users Committee, I strongly advocated against aligning with the Supreme Court's approach but was unsuccessful. This decision added significant costs for plaintiffs, warranting potential law reform.

Another critical issue I've championed is legislative change in the area of costs. Solicitors face disadvantage in costs assessment, exemplified by a strict one-year limit to file an Application for Assessment from the date of the invoice. This leaves solicitors with limited options when allowing clients to pay by instalments. This situation doesn't serve clients or practitioners and calls for legislative improvements.

Summary

I have been and will be a strong advocate for the wellbeing and support of the Professions most vulnerable members, such as small practices, young lawyers and older practitioners struggling to cope with the pace of change.

With me on your side we will be a formidable team. I recommend as very worthy candidates consideration of Hugh Macken and Jennifer Windsor.