Professional briefing - The Journal Online

Sidelines Members abroad
Working the world
Going off to Pakistan to do volunteer work turned out to be
a stepping stone to partnership in a mid-tier commercial
firm in Sydney for Archie Smith
What has been your career to date
and how did you come to be
working where you are?
I did my traineeship with a long
established Glasgow firm and got
exposure to a mix of civil, criminal,
property and estate work. After my
traineeship I decided to stay at the
same firm, becoming a partner after
only a couple of years.
While working I went back to
university and studied for an MBA part
time. It broadened my horizons. After I
graduated, my wife and I decided to
apply to do volunteer work. We got a
joint posting with VSO in Pakistan. At
the time it seemed like the next logical
step, though in retrospect it was a huge
leap. I resigned as a partner and a few
months later was working as a
volunteer with an NGO in rural
Pakistan, helping it to establish local
councils and assisting farmers with
marketing, community building and
micro-credit. Standing in fields
discussing marketing, or making
presentations to Government ministers
on establishing local councils was a
world away from practising law.
When the project ended, we headed
for Australia, and though I had initially
intended not to re-enter the law, the
various jobs offered were all in law.
My first position was with a US
company as one of their in-house
counsel covering the Asia-Pacific region.
It was a huge learning curve, dealing
with legal issues from New Zealand to
India. While working in-house I also
requalified in Australia and obtained
my practising certificate here.
I missed the variety of clients, so
went back into private practice,
focusing on general commercial and
commercial property law. Yet again it
60 / theJournal December 09
was a huge learning curve – property
law in Australia compared to Scotland
is “the same but different”. While
clients are trying to achieve similar
things, the way it is done, the
procedure and terms can be vastly
different. The firm I worked for got
used to my idiosyncratic language,
such as inhibitions (caveats in
Australia) or dispositions (transfers).
I’ve now worked for a couple of firms
and in some ways feel more attuned
to Australian law than Scots law; I
think it would be another learning
curve to practise in Scotland again!
I became a partner in the property
and banking division of my current
firm a couple of years ago, dealing
mainly in commercial property, joint
ventures and construction contracts.
In many ways my career has come full
circle, with some interesting
diversions along the way.
Do you see yourself staying there
long term?
Definitely – we are well settled here
and are Australian citizens.
What do you like most about living
and working where you are?
The weather plays a big part. It is
much more of an outdoor lifestyle
here and a good place to bring up
kids. Sydney has some great local
beaches. We probably visit the beach
at least once a week, summer or
winter. Sydney is a vibrant city and
there’s always something happening.
As for work, Australians have a
positive attitude and are usually
prepared to give people “a fair go”.
Are there any downsides?
Australia is a long way away from most
The firm I
worked for got
used to my
idiosyncratic
language, such
as inhibitions
(caveats in
Australia) or
dispositions
(transfers)
Both pictures: the view from the
harbour ferry on the journey to work
places – no more short trips to
Europe! I also miss a shared history
with friends. My story here started nine
years ago, so it’s difficult for friends
here to relate to things that happened
before then. However when I catch the
ferry to work, the sun shines and I pass
the Harbour Bridge and Opera House,
the upside outweighs the downside.
What is the value of retaining your
Law Society of Scotland
membership?
A UK qualification is well
regarded here and being dual
qualified can help. Being Scottish
rather than English qualified adds a
bit of uniqueness and is often a
talking point.
Do you miss Scotland?
I miss long-standing friends and hill
walking in the highlands. Somehow
bush bashing in the Australian bush
isn’t the same when you have to watch
out for snakes rather than sheep!
What would be your advice to
anyone thinking of making a
similar move?
Go for it! Arrive with an open mind
believing that it will work. It’s always
better to experience something than
to wonder if things could have been
different!
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