Celebrating 100 Years of Women in the Law

2018 marks the centenary of the Women’s Legal Status Act 1918 (NSW), which paved the way for women to become lawyers for the first time in NSW, as well as allowing women to stand for the NSW Parliament.

The First 100 Years project started in England, to celebrate the 2019 centenary of women practising law in that jurisdiction.  However, various Australian States granted women this right long before it was granted in England.  Victoria was the first state to allow women to practise law in 1903, Tasmania in 1904, Queensland in 1905, South Australia in 1911, and the final centenary will occur in Western Australia in 2023.

The First 100 Years Project was launched in 2017, and hosted a gala event at State Parliament on the evening of 26 November 2018. Former Sex Discrimination Commissioner Elizabeth Broderick was the keynote speaker.

Read more: https://first100years.com.au

Jennifer Batrouney QC, President, Australian Bar Association, and Dominique Hogan-Doran SC at the First 100 Years Gala Dinner at NSW Parliament House, 26 November 2018.

Australian Law Reform Commission President, Rosalind Croucher, Dominique Hogan-Doran SC and barrister Ingrid King, at the launch of the First 100 Years Project on 15 November 2017.

Review - International Principles on Conduct for the Legal Profession

The International Bar Association has launched a review of its International Principles on Conduct for the Legal Profession (2011), as a result of a number of developments in the delivery of legal services. 

Developed for practising lawyers across the globe, the 36-page publication provides lawyers with a framework to carry out their professional duties in a manner consistent with upholding the dignity and respect of the profession in relation to their clients.  The aim, through fostering a climate of understanding about the national and international rules that govern the conduct of lawyers, is that the ideals and integrity of the legal profession will be promoted worldwide.

The IBA International Principles is the 21st century version of a set of ethics for the legal profession first introduced more than 50 years ago, with the precursors to today’s edition as the ‘IBA International Code of Ethics’ (1956 and 1988). The gathering pace of globalisation and increase in cross-border transactions has led to the Code of Ethics being revisited and republished, resulting in the publication in 2011 of the new principles. A thorough process with input from representatives of the legal profession from all continents produced 10 core principles which should be common to all lawyers. 

The 10 core values constituting the IBA International Principles, are:

1. Independence

   A lawyer shall maintain independence and be afforded the protection such independence offers in giving clients unbiased advice and representation. A lawyer shall exercise independent, unbiased professional judgment in advising a client, including as to the likelihood of success of the client’s case.

2. Honesty, integrity and fairness

   A lawyer shall at all times maintain the highest standards of honesty, integrity and fairness towards the lawyer’s clients, the court, colleagues and all those with whom the lawyer comes into professional contact. 

3. Conflicts of interest

   A lawyer shall not assume a position in which a client’s interests conflict with those of the lawyer, another lawyer in the same firm, or another client, unless otherwise permitted by law, applicable rules of professional conduct, or, if permitted, by client’s authorisation.

4. Confdentiality/professional secrecy

   A lawyer shall at all times maintain and be afforded protection of confidentiality regarding the affairs of present or former clients, unless otherwise allowed or required by law and/or applicable rules of professional conduct.

5. Clients’ interest

   A lawyer shall treat client interests as paramount, subject always to there being no conflict with the lawyer’s duties to the court and the interests of justice, to observe the law, and to maintain ethical standards.

6. Lawyers’ undertaking

   A lawyer shall honour any undertaking given in the course of the lawyer’s practice in a timely manner, until the undertaking is performed, released or excused.

7. Clients’ freedom

   A lawyer shall respect the freedom of clients to be represented by the lawyer of their choice. Unless prevented by professional conduct rules or by law, a lawyer shall be free to take on or reject a case.

8. Property of clients and third parties

   A lawyer shall account promptly and faithfully for and prudently hold any property of clients or third parties that comes into the lawyer’s trust, and shall keep it separate from the lawyer’s own property. 

9. Competence

   A lawyer’s work shall be carried out in a competent and timely manner. A lawyer shall not take on work that the lawyer does not reasonably believe can be carried out in that manner.

10. Fees

    Lawyers are entitled to a reasonable fee for their work, and shall not charge an unreasonable fee. A lawyer shall not generate unnecessary work. 

Each principle is clearly defined in the booklet and contains expanded commentary on how it could be used as a basis to establish codes of conduct for lawyers within different jurisdictions.

The 2018 review canvasses the following issues:

1. the impact of growth of non-lawyer providers on the delivery of legal services, particularly through electronic platforms, since many of these are not currently regulated by those responsible for regulating the legal profession;

2. lawyers' confidentiality (including whether it impedes the public interest (for instance, in money laundering, tax avoidance, lobbying registers)

3. Diversity and equality in the legal profession

4. Access to justice and access to legal services

5. Professionalism

To access the proposed changes to the IBA International Principles on Conduct for the Legal Profession, please follow this link: http://www.ibanet.org/Document/Default.aspx?DocumentUid=88486d3d-f357-4ca8-8460-494d09e4a438.

On behalf of the IBA's Regulation Committee, we ask that you please forward any comments you may have to becca.verhagen@int-bar.org by 28 February 2018.

Australian Women Lawyers National Conference

Past Presidents of Australian Women Lawyers (L-R): Audrey Mills (Tas), Dominique Hogan-Doran SC (NSW), Jennifer Batrouney QC (Vic), Noor Blumer (ACT), Judge Caroline Kirton (Vic), Fiona McLeod SC (Vic), Mary Anne Ryan (Tas), Rebecca Lee (WA), Elspeth Hensler (WA), Ann-Maree David (Qld) (absent: Alexandra Richards QC (Vic), Kate Ashmor (Vic), Olivia Perkiss (Qld)).

The Australian Women Lawyers Conference 2018 for female practitioners, leaders and senior professionals across the Australian legal sector was held in Sydney from 25-26 August 2018 at the Sofitel Wentworth.

The theme for the conference was ‘Investing in the Future’. This theme captured current issues of innovation and technology and the law, including the utilisation of innovation and technology as an essential tool for new and senior lawyers in the furthering of diversity and inclusion, quality leadership, best practice, flexible work options, the achievement of policy and law reform, and attainment of access to justice.

Dominique’s Slide Deck & Transcript from the “New Law” panel are now available.

Celebrating the admission of 3 women lawyers

I am delighted to have moved the admission of three of my former research assistants as legal practitioners of the Supreme Court of New South Wales in recent years.

Congratulations to: Kathleen Heath (2014), Lily Schafer-Gardiner (2016) and Margherita Roser (2017) - each is now “ready, willing and able” to advance the administration of justice.

International Bar Association Presentation on Good Advocacy in Mediation

My presentation at the International Bar Association's Annual Conference on "What role has good advocacy in mediations?" on Tuesday 10 October is now available for download (as PowerPoint PDF) and as an audio file.

The panel was hosted by the IBA's Arbitration Committee, Forum for Barristers and Advocates (Lead), Litigation Committee, and Mediation Committee.

Thanks to our panel chair David Barniville SC, Co-Chair of the Forum for Barristers and Advocates, our panel moderator Winnie Tam SC, past Chair of the Hong Kong Bar Association and fellow panelists.

Judicial Commission of NSW Publishes AI & Government Decision Making Paper

Dominique’s paper “Computer Says ‘No’ - automation, algorithms and artificial intelligence in Government decision-making“ has been published in The Judicial Review by the Judicial Commission of New South Wales. 

"In Conversation" with International Court of Justice's Judge James Crawford AC SC

His Excellency Judge James Crawford AC SC of the International Court of Justice was my guest at the Australian Bar Association Conference held at the Inns of Court in London this July. 

The transcript of my discussion with His Excellency is now available. 

Link to Soundcloud: https://soundcloud.com/user-176287914/qa-with-judge-james-crawford-international-court-of-justice-1-july-2017

Fellow of Chartered Institute of Arbitrators

Dominique Hogan-Doran SC has been admitted as a Fellow of the Chartered Institute of Arbitrators.

She received 100% in the International Commercial Arbitration Award Writing Examination conducted by the Chartered Institute of Arbitrators (North American Branch) held in Washington DC in July 2015.