In the midst of the roll-out of this year’s event, Lawyers Weekly spoke to Yashvi Shah, senior associate at LY Lawyers, about her experience in the criminal law space and how navigating this practice area as a young lawyer has provided opportunities out of obstacles.

For Ms Shah, the criminal law arena has always been one of interest – beginning from her early school years.

“Throughout schooling, I would always engage in, if not ‘win’, public debating competitions, and as a young adolescent, the well-wishers around me (family, teachers, etc.) know that my career path would lead to soliciting and advocating because not only have I always found pleasure in helping all members of the community who deserve having their side of the story heard, but I was very vocal with social activism and being a voice for those who could not defend themselves from a young age,” she told Lawyers Weekly.

“When I was studying undergraduate law, I commenced working in the capacity of a paralegal in a busy employment law and civil litigation practice in 2010. I did not find that line of work intellectually stimulating enough for me on a personal level (as it meant less court time and more office work), and it was from 2010, when I first drafted civil pleadings and particulars, that I realised I would be much better drafting bail applications and plea in mitigation submissions and working in criminal law instead, as I had been getting better marks in criminal procedure and evidence law than in any other subject and only genuinely had interests in criminal justice.

“When I was studying my postgraduate education, specifically a master of laws at ANU, I was fascinated by trial work so I majored in human rights litigation, which goes hand in hand with criminal justice. I was then employed as a junior solicitor practising in criminal law in 2013 straight after my admission, and when I finally ran my first ever local court sentence and my first ever local court hearing when I was 23 years old in 2014, that is when I was certain that I could not practice in any other field or area of law other than crime.”

One of the biggest obstacles for those working in criminal law, Ms Shah said, is overcoming age discrimination. However, this obstacle is also the most practical challenge to overcome, she noted.

“Age discrimination is the most practical challenge to overcome. [Another challenge is] sex discrimination, sometimes racial discrimination, dangerous/abusive clients, or violent family members,” Ms Shah explained.

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“Unrealistic hopes for clients and unfathomable pressures from the boss, colleagues/professional peers, and wider society [are also challenges]. Salaries at a senior lawyer are also far less compared to senior positions in other areas of law.

“Funding towards the state’s criminal justice system has been cut by the NSW government. No matter how street smart or entrepreneurial-orientated a young lawyer may be, criminal law is ultimately about who you know, not always about what you know.”

There are also common misconceptions people have about criminal lawyers, Ms Shah explained, that tend to see professionals in the practice needing to explain their role and duty.

“One misconception that I often get is that morality does not equate to criminal defence. My other lawyer friends who do not practice in crime often ask me, ‘How can you defend them, if you know they are guilty?’ The same analogy would apply to cardiac or neuro surgeons who perform surgeries on their patients – without judgment or criticism,” she said.

“The truth in the misconception is that criminal lawyers have a high duty of ethics as officers of the court. If we know our client is guilty, we advise them to plead guilty and negotiate a plea bargain, but if the client chooses to not take our advice, then we act on their instructions to ensure justice is achieved. Our clients usually have complex matters, and we are doing the best jobs that we can not to judge them for the crimes that they have committed, but instead attempt to address any errors at law.

“As a criminal lawyer, we are sometimes shaped to be desensitised because of the nature of our work. That is not to say we do not also have feelings or that we do not know the difference between right and wrong.”

In terms of the opportunities available to lawyers in criminal law, Ms Shah noted that technology has become a key driver in opening up greater avenues for those practising in this space. Such avenues also serve as a support mechanism to combat the aforementioned challenges and obstacles, she noted.

“Online networking platforms in criminal law have risen greatly since when I was a junior lawyer a few years ago,” Ms Shah said.

“Though criminal law is a close-knitted profession, where word of mouth advocacy prevails over recruitment/human resources facilities, we have a few social media outlets designed specifically to help members of our profession, e.g. on Facebook, we have the closed ‘Bondies’, ‘Defence Lawyers Association’ and ‘Court agencies and referrals’ groups where hundreds of NSW solicitors, barristers from either the prosecution or defence can add each other to those groups to work together, share ideas and inform one another about reforms, various legislation and new cases/precedent.

“This only began around 2017, so new lawyers will be able to get professional help from those who have the best knowledge, skills and experience in criminal law on the Facebook groups. Lawyers practising in criminal law also get the opportunity to interact with many stakeholders, including police officers, prosecutors, psychiatrists, psychologists, correctional officers and Judge’s Associates/court officers on a daily basis – this is one of the best assets in criminal law. Female empowerment in criminal law is also being acknowledged and is changing positively, as from my experience, there are more female lawyers in notably higher positions in criminal law than there was five years ago."

Looking ahead, Ms Shah said the decision to get into criminal law was the one best for her and has enabled her to experience a career and a role where she can’t imagine being happier anywhere else.

“I have instructed leading criminal law barristers in murder, rape, armed robbery, child sexual assault, large manufacture/commercial supply of prohibited drugs trials, which have high media coverage, and have seen it all unfold before me, and some of my clients who I deal with on a day-to-day basis are not limited to high-end gangsters, thugs, bikies, drug suppliers and, too often, the wrongly accused,” she said.

“What is most important to me is that I have someone’s life in my hands. I control, determine and manifest my client’s liberty, which I utmost respect and value. My performance in crime is not only thorough and well recognised amongst the profession, but I am still learning and growing every day with the hopes to one day own my own law firm or become a barrister.

“However, the biggest career achievement that I have earned on my own credibility thus far was when I became a salary partner of a boutique firm in January 2017 when I was merely 26 years old. This meant that by the age of 27, I not only represented high-paying clients, quoted and prepared their invoices, hired and fired employees, drafted all their legal documents, but also managed the operations of running a law firm.

“One year later, I put my mental health first, and left my partnership to enter a fast paced, well reputable top tier criminal law firm (where I am currently employed). I autonomously run my own defended hearings, sentences and appeals in both the local and district court, and I keep pride in my track record of successful court matters. The local courts of NSW have now become my second home. Some people develop their skills to become articulate lawyers, other people are born with the talent of advocacy (and winning their arguments through logic and evidence). I fit into the latter.

“I am now 28 years old, have been solely practising in criminal law for more than five years PAE and could not see myself this happy or successful doing anything else.”

Lawyers Weekly, in partnership with Taylor Root, will host this year’s 30 Under 30 at the Sofitel Sydney Wentworth on 10 May 2019, where more stories about young lawyers successfully overcoming adversity will be celebrated.

Some of the 30 categories for this year’s event include: Barrister, Corporate Counsel (Large Business), Corporate Counsel (SME), Criminal, Health, Migration, Native Title, and Sports and Entertainment. This year will also feature a Wellness Advocate Award, for an individual who has actively advocated for health and wellness initiatives, events and/or activities among their peers and the community at large.

To lodge a submission or to nominate a colleague, click here.

For more information click here.