The Power of Passion

A Year 10 student asked his careers adviser at school, "What sort of characteristics would I need and what things would I do if I were a barrister?" The adviser replied, "You'd need to be very smart, able to work 16-hour days and round them off with a session of voluntary work at a local school. You would need to learn fast. And you would need to be able to talk to anyone - at a bus stop, at the Bar, at a cricket game, anywhere." The Year 10 student got excited and wanted to become one.

It takes hard work and commitment to become a barrister. How do barristers stay passionate about what they do? What motivates them year after year?

SMALL BUSINESS SKILLS

Barristers not only need to excel at specific technical areas of the law and present their point of view convincingly, but also they must run their practice as a small business, for which one must have skills that include planning and implementing marketing, human resources and business development.

They need to be passionate about what they do, especially when they work in areas that may appear stressful to others. John Fitzgerald has been a barrister for almost 22 years and works in areas of sexual assault. "People often ask how I work in this area. My view is that if it's alleged the person has done the wrong thing, my job is to put the allegation to the test. There is no greater occupation I can think of than being a barrister." Fitzgerald's passion is evident when you speak to him and he sounds like someone excited about going to work for the first time.

LONG HOURS ON THE JOB

Work-life balance is an issue for many small businesses, especially in a start-up phase. A British recruitment agency hiring for junior barristers notes on its website: "Some of the cases on which barristers work are long and complicated and may involve early mornings, late evenings and weekends. Therefore, all recruiters of pupil barristers expect applicants to demonstrate energy, tenacity and commitment to the Bar and their areas of law."

Kylie Nomchong, a barrister for 12 years in Sydney, works on average from 8:30am to 6:30pm. She then goes home to her husband and children. She does more work at home from 9:30pm and is often up until 1am.

Fitzgerald works from 7am to 6pm. He takes work home four nights a week and works most Sunday afternoons. This translates to an average week of more than 70 hours. Many barristers are working similar hours to those of CEOs of large companies.

 Being surrounded by positive people who can give you energy is essential to running a successful business and applies to barristers. "Having chambers to share, where you can chew the fat with other barristers, has been great for me," Nomchong says.

Fitzgerald adds: "I'm very lucky to be surrounded by people who are not only positive, but very experienced. I have also learned that I need my own stress-relievers such as regular exercise, to stay on top of it."

A BROADER PURPOSE

One of the keys to staying motivated is to have a broader purpose, and barristers who are in it for the long haul need to be self-motivated. Nomchong says: "What keeps me going for 13 to 14 hours a day? I love making a difference to people. I know it sounds old-fashioned but that's how I feel."

For people running their own business, isolation can be an issue. "Being a barrister can also be quite lonely," Nomchong says. "Not only are you working long hours, but you need to be able to have business skills, such as networking with solicitors who're giving you referrals. There are also many overhead costs to cover before you break even."

Clearly, the costs of running a business need to be managed. Does it make a difference where you work as a barrister? Catherine Henry, a solicitor specialising in medical negligence law and the president of the Newcastle Law Society in NSW, says Newcastle has a high percentage of barristers for its population and there are many benefits of working in a regional area as a barrister. The business overheads are much lower compared to larger cities and as a result people find it easier setting up a practice as a barrister.

While there is a perceived improvement to work-life balance for those living and working in regional areas, it is not translating to more women working as barristers- in Newcastle at least. "Despite the large number of barristers locally, very few are women," Henry says.

Nomchong adds: "Although approximately 50 per cent of graduates in law are women now, the percentage is much lower for women barristers."

The Australian legal sector has come a long way since the mid 1800s, when only men were admitted as barristers. On 2 September 1923, Joan Rosanove became the first woman to sign the Bar roll in Victoria. During her first two years as a barrister, she had no proper chambers of her own. When one of her colleagues, Phillip Jacobs, offered her his chambers, the news sparked an emergency meeting of the chambers' directors, who threatened to cancel Jacob's lease if he lent his room to Rosanove.

ATTRACTING GENERATION Y

 Today, the profession must motivate women to want to become barristers. Many businesses are debating how to attract and retain generation Y, and Nomchong admits the pressures are immense for junior barristers. Many businesses are debating how to attract and retain generation Y, and Nomchong admits the pressures are immense for junior barristers. "You don't want to say 'no' [to work] when you first start off as a barrister due to the fear that people might not give you another chance. So extra workload is created trying to establish a business."

The Law Council of Australia commissioned a national study of young lawyers in 2004. The study of 869 private solicitors, barristers, government solicitors and in-house lawyers revealed that the greatest measure of success for private practice solicitors and barristers was quality of work; for government solicitors it was work-life balance; for in-house lawyers it was financial rewards; and for partners it was client relationships.

The study also revealed that young barristers:

• work more weekends than other young lawyers (more than 18 weekends a year)
• reported excessive workloads as affecting personal relationships, health and wellbeing
• were least likely to leave their position in the next 12 months and more likely to see themselves practising law in five years time compared to others.

The core values of the baby boomer generation (those older than 45) include a strong work ethic, respect for authority, loyalty, and commitment to their workplace. Generation Y (those younger than 25) want community and a sense of belonging. They want to be included and their loyalty to their workplace is not high, compared with other generations. Instead, their loyalty is high to their peers and friends. Salary is fifth in order of priority.

The legal profession must understand and provide for the needs of gen Y and women to create succession planning for barristers into the future.

Organisations can promote a culture of work-life balance as part of their core values to attract more gen Y and women to their workforce.

CLIENT-RETENTION TIPS

Finally, there are some common business development tools and techniques to motivate you to build a successful small business. Initiatives can include the adoption of key account management techniques and lead-tracking. For example, use the Pareto 80:20 principle to work out who brings you in most of the work. A large slice of work usually comes from a finite number of client law firms. How can these key clients be retained? Why should they continue to give you work as a barrister?

SOME TIPS FOR NEW AND OLD BARRISTERS ALIKE

1. Build long-lasting relationships and stay visible to your existing clients every two to three months by sending a simple email. Clients have a choice of barristers they could go to - they come to you partly because they like you and how you operate.

2. Be proactive in your approach. Let clients know about what is happening in that area of law in which you specialise. If you come across an article that may benefit your clients, send them a scanned copy.

3. Network to potential clients to make them aware of the capability of the chambers you are a part of. Talk about your experiences in a positive way - you're not trying to do a hard sell, just being positive.

4. Track your leads. This may be as simple as having a list of who you met and when and any follow-up. Send people a quick note to say that you enjoyed meeting them or a note of thanks to a client who has brought you in work.

5. Maximise the people with whom you work - that is, admin or other people in your chambers. Talk to them about cross-referrals and use their experience to bounce around ideas.