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Associateship by Debra Osborn

Debra Osborn is a Murdoch graduate who took a different path to becoming a judge’s associate. Instead of commencing an associateship upon graduation, Debra worked as an articled clerk for 9 months in a top-tier law firm before taking time off to be an associate at the Supreme Court of WA.

Here is her story….

About Me:

I am a Senior Associate at Blake Dawson Waldron.  After graduating from Murdoch University in 2001, I commenced articles at Blake Dawson Waldron in March 2002.  After 9 months at Blakes, I took a leave of absence in order to spend 2003 as Associate to Justice Christine Wheeler at the Supreme Court.  Although I had already accepted articles with Blakes when Justice Wheeler offered me the associateship, the firm was happy for me to take up the offer.  In my experience, most of the larger law firms are more than happy to give graduates time off before or during articles to complete an associateship as they know that they will return with a knowledge of the Court, its practices and its personnel which simply cannot be gained elsewhere.  In fact at Blakes, a large number of lawyers who practice in Litigation have at one time or another been Judge's Associates, so don't be concerned that applying for or accepting an associateship will prejudice your chances of obtaining articles with one of the larger firms.

My Experience:

My time at the Supreme Court was a fantastic experience. At the time, the Court of Appeal was not yet in existence so all of the judges sat on civil and criminal trials and appeals, heard motions and pleas, sat in chambers and went on circuit.  I was lucky enough to accompany her Honour on two circuits during my time at the Court and have some lasting memories of the experience including the opportunity to get to know my judge and her staff on a more personal level.

The experience you are likely to have as a judge's associate will largely depend upon the particular judge you associate to, and whether or not that judge sits in the general division of the Court or on the Court of Appeal. 

Court of Appeal judges do not conduct civil or criminal trials, do not sit in chambers and don't go on circuit.  As an associate to one of these judges, much of your time will be spent ensuring that your judge has all the relevant submissions and other documents prior to hearing the appeal, sitting with him or her during the hearing, and afterwards, assisting with research, and perhaps, drafting the judgment under his or her guidance.  You will also represent your judge by liaising with associates to other judges, with court staff, Counsel and practitioners, and at times, with the media and the general public.

An associate to a judge in the general division of the Court will have a different experience in that rather than sit with their judge on appeals, they will prepare for and take part in criminal pleas (a daunting but invigorating experience for first timers!), criminal and civil trials, general chambers and circuits.  They will generally have quite extensive contact with Counsel and practitioners, prosecutors, prison staff, court staff and the media.  However, their administrative workload, and the type of matters their judge hears, may mean that they have less research opportunities or opportunities to draft judgments. 

On this latter point, whether or not an associate will be given the opportunity to draft a judgment will largely depend on the judge, and upon the associate's relationship with him or her.  Some judges prefer to research matters themselves and do not involve their associates in the process of writing the judgment, while others frequently utilise their associate's research skills, and if the associate earns their confidence, may even be prepared to give them a go at drafting the judgment. 

However, even if you don't get this opportunity, you still get the invaluable experience of seeing the best (and occasionally the worst!) of Perth 's advocates in action. You will also find out what works and what doesn't, discover how various judges respond to and navigate their way through the huge amount of information and material which is submitted to them as part of any trial or appeal, and perhaps most valuable of all, learn the seemingly little known skill of listening to the bench. 

My Advice for all Students:

I would encourage all those wishing to practice law to consider applying for an associateship.  Whether or not you intend or hope to practice in litigation, it is an opportunity to see and experience the internal workings of our legal system, free from the confines of acting for one or other of the stakeholders.  It will give you a perspective which you will take with you throughout your career and will make you a better lawyer for the experience.

 

 

 

 



 

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