Archive for the 'Law' Category
Law Clerkships – The Naked Truth
I thought I would put together a little section on Clerkships – my experiences and my general thoughts. I also have put together an Example Cover Letter which might assist you if you have never done a cover letter before. I am, by no means, suggesting that this is perfect – but it might help you out in your applications for Clerkships. I also intend on doing a similar type of scenario for CV’s and I hope to get that up here at some point as well.
The following is simply my thoughts on Clerkships and Law generally. You may agree – or disagree – with these general thoughts and feel free to open a discussion thread on the All Things Law in this regard.
Clerkships – The Naked Truth
Law Firm clerkships are an inherent part of becoming a lawyer and they are also perhaps the most stressful.
Clerkships are typically viewed as a nightmare – they are ultra competitive, there are only so many firms, and there are only so many positions on offer. Most of the larger firms typically receive more than 1,000 applications for seasonal clerkships and usually have only 60-75 seasonal positions on the table. This means to even start, your chances are narrowed to around a 6% or 7.5% of even getting a seasonal place. This is then reduced even further for the now so called ‘Professional Legal Trainee’ program where the pool of 60-75 seasonal graduates is reduced to 30 who actually receive graduate offers.
The outcome? A 3% chance of getting a graduate place from the moment you click that ‘Submit’ button when you are applying at firms in comparison to your peers. Picture this as you stare around the lecture theater, only 3 out of every 100 people around you will end up working at a big firm. This is, of course, based on the assumption that you want to go to a big firm. There are positives and negatives to the entire process and in my experience it’s critical that you allow yourself the best opportunity to work in a big firm and in a smaller or mid-tiered firm.
Back when I first started the JD, I sat down with a very senior legal friend who was General Counsel at one of the largest financial organizations in Australia. His key advice in a nutshell was essentially that …
No commentsIntroducing All Things Law Forum
I get a lot of people coming to this site and asking me questions about my Law Notes, Papers and a range of law questions in general. To assist with this process and to allow other people to provide their view on a particular subject, clerkship and a raft of other similar questions – I have created a new forum on this site – aptly named All Things Law. The exact address of the forum is through a subdomain on this site – http://law.timdavis.com.au. The premise behind this forum is quite simple – ask a question and hopefully many other students and even senior lawyers from around Australia can add their commentary. More importantly, the responses and the discussion are publicly available for everyone else who is looking for answers to particular questions or for people who are just stuck on a particular concept and need assistance.
The more people that we can get onto the site, the simpler and easier it will be for people to post questions and receive answers. The whole point of originally releasing my Law Notes on this site was to assist people with their study and understanding of the law, and ensure that they aren’t freaking out when exam time roles around. In upholding this concept, I am now trying to extend this in a way which allows any person to post a question and hopefully receive an answer. In this light, I am also looking for some forum Admins to assist me and to generally promote the site through their Universities and the like. You’ll note that it’s free to join and is a simplistic forum which allows for anyone to post questions and answers.
If you are keen to get involved, just drop me a note with some information about yourself and I’ll get you onto the Administration List for the All Things Law Forum. No doubt, this would also look handy on the CV that you are an administrator of what will hopefully become – with a bit of help – a well utilized resource ;)
No commentsThe Art of Law
A satirical poem I wrote about law, meant to amuse those in the industry who understand the funnier narcissistic side of law.
The Art of Law
The market creaks, the money awakes – so long it’s been in slumber,
The M&A teams get prepped; a world is ready for plunder.
The Investment Banker hits the phone, a new deal is to be done,
And so the market is alive again and law is on the run.
New suit, new pants, new shirt and tie – a handshake and smile,
‘What deal can I assist you with today kind sir? – i’ll walk a country mile,
Funds management, restructuring, IP or project finance?
The more I can provide you with, the more that we can dance.’
The money flows, the deals get done,
A toast, a cheers, a bravo!
A new house, a new car, another holiday –
It’s all part of the show.
The regulators twist and turn, the boom is in full swing,
The cash is flowing, companies are so pleased – surely not a time to step in?
‘Free market, free rein, self management – no policies defeated,
Why bother the legislator, when no regulation is needed!’
The margin hits, the bankers bust – they no longer meet the call,
The phone calls start, something’s amiss – don’t tell me of a fall!
It’s now insolvencies turn to shine, the pessimists fine show,
Bankruptcy, debt and receivership – the world does not yet know.
The newspapers hit the streets – the populous roars with anger,
‘It’s the bankers and their god-dam risks – their salaries and their squander!’
The Government screams ‘it’s no time for blame, let’s try and fix the problem’,
They make promises of transformations only to deepen our debt for longer.
The law firm shifts, the parties stop – the champagne fountains halter,
‘It would be unruly of us to continue in this light’ – says one truly pompous partner.
‘As while times get tough around the world, and the deal flow stream dries up,
The insolvency practice is our new success, our knight in shining armour.’
The market slows, production halts and companies shut for good,
The cycle has hit the bottom again, time for a recessionary hood.
And quietly in the background, against all the market changes,
The law firm is engaged again – this time for spades and aces.
The work pours in, the candle burns – insolvency stares down the hours,
While the entire M&A Team sleeps soundly, without so much as even a cower.
The billing rate does not stop, it counts against the clock,
The firm a presence recessionary proof – the law clearly is not.
– by Tim Davis (Feb, 2009)
2 commentsLawyers Ethics Notes
I have decided to release my all my university notes online in *.docx format for all the world to use. The idea behind these notes is that people can get access to solid summaries and not have to stress out about typing them up. The biggest frustration that I have experienced in my Commerce, Masters of Business Law & Juris Doctor degrees is a lack of quality “soft copy” notes about a subject. Please take note of the copyright at the bottom of this page – the only two things I ask are:
- If you add in content to these notes – you must send me an updated version so they can be shared for everyone elses benefit. (this means you must freely consent your copyright to any changes/additions you make. If you don’t like this, don’t download the notes)
- The Creative Commons footer must stay in the notes (if you are unsure what this means click on the Creative Commons link below)
Full Details (and other legal and business notes) – Notes Page
Recommended – Please also checkout a list of Publicly available Papers
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No commentsDefamation – Polly Peck Defense
The balance between the right to free speech and the protection of a person’s reputation are the fundamental underpinnings on which defamation law is based. The root of this balance ostensibly stems from one person’s right to protect their reputation in light of another person’s right to publish comment on it. The judicial system has long upheld the notion that if a person deliberately or maliciously publishes material which adversely and unfairly affects another’s reputation – a cause of action will exist to the person aggrieved. Such a notion has historically only existed at common law and has been fraught with complexities associated with the interpretation of defences to any defamatory cause of action. The recent the introduction of the Defamation Act 2005 has attempted to uniform defamation litigation across all Australian jurisdictions and endeavoured to ensure that defamation cases are trialled with greater consistency. Unfortunately, such an enactment has still left countless unresolved questions with respect to the manner in which litigating parties interpret defamatory meanings and how such meanings are pleaded.
Continue Reading – Defamation – Polly Peck Defense
Recommended – Please also checkout a list of other Publicly available Papers
Visit All Things Law Forum
All Things Law – Join and Discuss all your questions, problems, clerkships and much more for free. It’s 100% free to join and is a simple way to get the answers you’re looking for.
No comments