No business owner worth their business would fail to have at least one lawyer on retainer. Bigger companies and global corporations often have an in-house department staffed with an array of legal professionals ready to handle any matter that might impact their business. Some may write employee contracts while others oversee international affairs.
Some might advise management on environmental issues and those with the most extensive experience and qualifications may represent their employer in court.
How can one type of lawyer address those four distinct areas of law? That's what makes being a business lawyer so intriguing. Granted, the same lawyer won't handle every business matter.
For instance, the legal department head might assign employment contract writing to a junior lawyer and revise it before approving the official document.
As a business lawyer, you may handle legal matters in whichever area inspires you the most. Intellectual property is a hot-button area right now, thanks to artificial intelligence applications newly arrived on the market. A
ntitrust issues are also a growing concern as corporations try to increase their market shares. And labour is becoming a tsunami of legal work so if this area intrigues you, becoming a business lawyer is the best place to start.
Becoming a Business Lawyer in Australia
Becoming a business lawyer in Australia is no different than specialising in other areas of law. You'll need education and experience, and you must gain admission to legal practice. This article lays out the steps to take and the options you have to become a business lawyer but before we get into them, let's go over a few general facts.
In Australia, each state or territory has its own Law Society and Bar Association. The first endorses solicitors and the second oversees Barrister activity. Besides those two regulatory bodies, you will find national representative bodies that oversee various law specialities.
As a law student, you may join your school's Law Society but you should also become an Australian Law Student Association (ALSA) member. ALSA is a nationwide organisation that provides resources, information and support for law students. ALSA encourages partnerships with state and national law associations as well as collaboration with international law student groups.
Becoming an ALSA member can help you navigate the steps you need to take while becoming a business lawyer.
Becoming a Business Lawyer: Earning Your Degree
Your first step to becoming a business lawyer is education. You must earn enough Australian Tertiary Admissions Rating (ATAR) points to gain access to the study program you want to enrol in. All but one of Australia's 39 universities have established Schools of Law. The exception is Flinders University, which has a College of Business, Government and Law.
You should enrol in a school whose Law Society is recognised by the state or territory where you wish to practise law. For instance, you may want to enrol in the University of Sydney law program. But if you intend on a law career in Western Australia, make sure that state recognises New South Wales' Law Society.
A four-year university course of study is the most direct way of becoming a business lawyer. After successful course completion, you will be awarded a Bachelor of Laws (LLB) degree. This undergraduate degree is enough for further development as a business lawyer outside of university. But most law students go on to earn their Juris Doctor (JD), a postgraduate-level degree that could broaden their career prospects.
We detailed the path from LLB to JD in a companion article. We also mentioned that law students may pursue a Master of Laws (LLM) degree but it's much harder to do because so few places are available for this program. Now, let's talk about becoming a business lawyer without undergraduate studies in law.
You have the option of majoring in a different subject and then earning your JD. This plan entails three more years in school, where you will study the Priestly 11.
Those are the 11 areas of the law that every lawyer must know; everything from tort law to property law. And then, with your JD in hand, you're ready for the next step of becoming a business lawyer.
Becoming a Business Lawyer with Practical Legal Training
Whether you've spent four years at university (LLB) or seven (JD), undergoing Practical Legal Training (PLT) is your next step to becoming a business lawyer. For this phase, you will enrol in a state/territory-approved course that offers a Graduate Diploma of Legal Practice (GradDipLegalPrac). Before we talk about what that entails, let's go over one more avenue to becoming a business lawyer that doesn't involve university study.
Technical and Further Education (TAFE) centres offer Vocational Education Training in Law. These VET programs prepare learners for work as a paralegal or legal secretary. Anyone aspiring to a career in law who doesn't go the university route may enrol in such a program. They will then take the Legal Profession Admission Board Diploma to be on par with fellow lawyers in training.
Whether you take the VET or the LLB/JD path, you'll find yourself in the PLT stage of training. You may go about completing this phase by either taking a course which will result in having a GradDipLegalPrac with your name on it. Or you may undergo one year of supervised legal training.
Keep in mind that each Australian state/territory has its own guidelines. Some may require candidates to complete the course and undergo supervised legal training while others offer an either/or choice. If your state/territory mandates both, you may be able to take your PLT course online.
As you're studying business law, you should be allowed to complete your PLT with a firm specialising in that area of law.
PLT for International Students
Whether you earned your law degree in Australia or your home country, you too must undergo PLT to practise law in Australia. You must first verify that the Australian Law Society in the state/territory you're in will accept your law education credentials.
After that, you will proceed the same as any Australian student of law.
Becoming a Business Lawyer: the Practising Certificate
Your PLT experience will help you hone your skills as a practising business lawyer but nobody expects you to have mastered all the needed skills in such a short time. That's why every state/territory's Legal Profession Admission Board (LPAB) allows up to five years for graduates to apply for admission to legal practice.
It's not as simple as submitting your school transcripts and PLT documentation. You must also disclose any (mental) health conditions, any official reports regarding your student conduct and any unpaid fines and fees, including Overlink debts. You will also submit two character references.
If you think anything in your record might bar you from admission, you may request an early assessment of suitability.
Applying for admission is a long, detailed process so you should start at least a month before the admission ceremony filing date. Once your application has been approved, you will book your admission ceremony slot. Should your application be conditionally approved - or worse, refused, you will have the right to appeal that decision.
In some states/territories, you must bring a 'mover' to your admissions ceremony. They will 'move' your admission, meaning they will put your request for admission before the Supreme Court. Typically, this person must be an Australian legal practitioner holding a valid practising certificate.
In areas that don't require candidates to have legal representation, those seeking admission may move their requests themselves.
Once you've been admitted and undergone your ceremony, you will strive towards attaining your Practising Certificate. That calls for another 18 to 24 months of supervised practice, a time when you will learn new skills and further hone the ones you've already mastered. But this instance is different from when you underwent PLT because you will have to find your own job.
Your local Law Society may make recommendations and they will probably even mentor you. But, for all practical purposes, this is your first 'real' job, where you will be fully accountable for the work you do. Use this time to gain as much experience as you can and work with as many clients as possible. Your firm will likely decide which cases you will handle, at least to start.
After completing at least a year and a half of supervised work, you may petition your area's Law Society for your Practising Certificate. This final stage entitles you to become a full-fledged practising lawyer with all of the duties and responsibilities that entails. You may then open your own shop or continue to work with the firm you began your career.
You may also go back to school, as many other practising lawyers do. If you haven't yet earned your LLM, now would be a good time to do so.
You might feel you don't need additional training for a business law career but an LLM opens up many other career possibilities. That makes doing so worth your while, doesn't it?
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