Digital Magazine Spring 2022

I n 2019, national law firm Holding Redlich issued a joint public response, with 17 other law firms, in support of the Uluru Statement from the Heart. The position reached, the firm said, and the invitation issued through the Statement from the Heart, was a major milestone in the journey towards constitutional reform.

In conversation with Lawyers Weekly, Holding Redlich national pro bono manager Guy Donovan and Nareeta Davis — a pro bono lawyer, descendant of the Purga Mission, with cultural connections to the Kullilli Thargomindah people — said that the establishment of a national Aboriginal and Torres Strait Islander representative body as a Voice to Parliament would be a meaningful step towards reconciliation.

“It would empower Aboriginal and Torres Strait Islander people and ensure that they have a greater say on the laws, policies and programs that shape their lives,” the pair proclaimed.

“Law firms are well-placed to respond to the Statement from the Heart, and accept the invitation that it extended to the Australia people, accordingly, it’s important that we do so.”

Where we are at in this conversation

The word reconciliation, Mr Donovan and Ms Davis mused, is used very often and, by itself, is just that: a word.

True reconciliation, the pair deduced, does not actually start until the wider community and First Nations peoples work side by side in unity.

“Law firms are well-placed to respond to the Statement from the Heart, and accept the invitation that it extended to the Australia people, accordingly, it’s important that we do so.”

“As a profession, lawyers are good speakers but are, at times, not good listeners,” they said.

“The wider community can benefit greatly from listening closely, not rushing and being patient in learning from First Nations peoples. However, there does appears to be a growing awareness of the unique skills and abilities that First Nations peoples bring to the profession.

“First Nations peoples can see the world through a different lens to non-Indigenous people, and this can be of significant benefit in the practice of law. These skills and abilities are a part of First Nations peoples’ spiritual being and presence.”

Further to this, the pair went on, the legal profession also needs to understand that there is not a single homogenous group of First Nations peoples.

“Reconciliation will have different connotations and a different meaning to different First Nations groups and to different individuals within those groups. Accordingly, issues surrounding reconciliation need to be considered in each different community in its own unique way,” they said.

“First Nations people have their own cultural identity and protocols in accordance with their own Country. There is no ‘one way’ that fits all. The connection to land, and spirit is at the core of all First Nations peoples, reconciliation is how to respect, learn and work with these spiritual connections and Indigenous Knowings that First Nations people hold.”

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Why law firms must concern themselves with this movement

When asked why it is so critical for law firms, and the legal profession more broadly, to be concerned about reconciliation — particularly with a looming referendum, as recently announced by the Albanese government — Mr Donovan and Ms Davis responded that the seeking of justice for First Nations Australians needs to be considered through a human rights lens.

“Referendum or not, reconciliation is not a duty or concern, but should encompass a right to justice for First Nations peoples,” the pair said.

“At its core, reconciliation should involve the actions of other Australians in acknowledging, learning and growing alongside First Nations peoples.”

The legal profession has a “profound opportunity”, Mr Donovan and Ms Davis continued, to create change in a culturally safe way by talking to First Nations peoples and supporting the First Nations Voice to Parliament.

“The Constitution does not acknowledge First Nations peoples — the referendum will be a starting point of a new journey. Safe spaces should be created for First Nations peoples to consider the proposed constitutional reform and law firms should be open to the discussions that arise.”

“For instance, the question may be asked to lawyers that as First Nations peoples were the first inhabitants of this continent and have never ceded sovereignty, why do we need the approval of non-Indigenous peoples through constitutional reform?”

“This is one example of a question that may generate discussions between the wider community and First Nations peoples,” they said.

It is important that a safe space is created, the pair suggested, for First Nations peoples to engage in these discussions as collaboration and open discussion will support the journey towards true reconciliation.

The necessity of Indigenous constitutional recognition

On this episode of The Lawyers Weekly Show, Jerome Doraisamy is joined by Sydney-based barristers Simeon Beckett and Susan Phillips.

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What more firms must do

Reconciliation, Mr Donovan and Ms Davis observed, is not something that can be rushed according to the timelines of any law firm. This said, the journey of reconciliation should be embarked upon “urgently and earnestly”, they advised, by way of listening, learning and exploring relationships with First Nations peoples.

“Thinking outside of the box and being dynamic with regard to opportunities that present will provide First Nations peoples with the chance to work with law firms in a culturally safe way,” they said.

It is important for law firms to listen and be willing to learn from First Nations peoples, Mr Donovan and Ms Davis outlined.

“Law firms should be upfront and ask what the firm can do to work alongside First Nations organisations and peoples in a way that enables the firm to support First Nations peoples. Approaching reconciliation in this way with humility will also allow law firms to be supported in their own reconciliation journey in the context of relationships of respect, trust and honesty,” they listed.

“Providing opportunities and economic engagement with First Nations organisations and peoples is paramount in a post-pandemic market. Actions such as engaging First Nations suppliers should not be confined to times like National Reconciliation Week or NAIDOC Week, but become an entrenched part of the law firm’s business to occur all year round.”

Law firms across the country must remember, Mr Donovan and Ms Davis added, that reconciliation takes time, trust and authenticity.

“Again, law firms have much potential to really make a difference particularly in relation to employment opportunities. Support First Nations law students, invite those students from local universities to appropriate networking events, offer your time and a cup of coffee to these students or First Nations lawyers. Be kind and take off that corporate hat and just be willing to be authentic and down to earth,” they said.

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Holding Redlich’s action and guidance

As a national firm, Holding Redlich has a “proud history”, it said, in promoting reconciliation through its public interest legal work, which has included involvement in stolen generations litigation and the High Court challenge to Northern Territory intervention.

“We intend to continue our public interest legal work and to take on hard cases to seek justice for First Nations peoples,” Mr Donovan and Ms Davis noted.

“We will also continue to create opportunities for First Nations peoples and organisations through procurement and employment. Our employment of First Nations staff has increased in recent times and we look forward to continuing on this path.”

The pair said that they also recognise the role that a firm like Holding Redlich has to play in educating staff in relation to First Nations peoples and culture, and the role to be played in preservation of culture.

“Our recent renaming of meetings rooms in Brisbane in Turrbal language and in Cairns Yidinji language after extensive consultation with traditional owners has allowed us to play a small part in the preservation of these languages,” the pair said.

“We are currently in the process of drafting an Innovate Reconciliation Action Plan with continued focuses on building respect and relationships, and creating opportunities for First Nations peoples.”

Moreover, Holding Redlich proclaimed, the broader legal profession has to appreciate, and be mindful of, the fact that First Nations staff in their workplaces have not only their work and family commitments but also their own cultural commitments.

“There is a constant juggle of expectations, knowledge and cultural protocols that are always needed to be balanced in unity. This takes a lot of emotional and spiritual effort,” Mr Donovan and Ms Davis said.

“There is a constant balance of ‘Walking in two worlds’, that is of the Western society and that of his/her/their identity as a First Nations person.”

The legal profession has much opportunity to fully engage in the Indigenous community in a respectful and appropriate manner, the pair espoused.

“The journey of reconciliation will be entirely sincere if the whole firm embraces the process, and is authentic. Ask questions and be ready to do things a bit different, as change is a concept that creates different opportunities and relationships,” they said

Elsewhere, law firms also need to be brave, Mr Donovan and Ms Davis added.

“True reconciliation will involve a change to the status quo.” “This may feel uncomfortable, but will create a truthful and honest pathway to reconciliation,” they posited.

What law can learn from lore

Senator Lidia Thorpe, the first Aboriginal Australian to represent Victoria in the federal Senate, spoke with Lawyers Weekly during the recent Reconciliation Week about what broader Australia can learn from Indigenous legal principles and how existing laws and legislative processes can be alienating for First Nations people.

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Final reflections

Law firms and lawyers, Mr Donovan and Ms Davis said, “hold a privileged and powerful position in Australian society”.

“Often, the actions of governments and others that have been permitted under the law have led to injustice for First Nations peoples. The legal profession has the opportunity to recognise this and change it so that justice is obtained for First Nations peoples,” they argued.

The legal profession also, the pair added, has a significant role in making true change occur by providing meaningful opportunities for First Nations people to achieve at their full potential.

“This will involve both cultures, Western and First Nations, walking side by side. There is a powerful opportunity to encourage and support First Nations peoples who are consultants, legal support staff, business services staff, paralegals and lawyers.”

“The legal profession has an incredible platform to promote First Nations staff to higher levels such as partners or managers — more First Nations peoples need to be seen in senior roles. This, in itself, will encourage the younger generation in community to aspire to do the same.”

“Then, reconciliation will be not just a word but an action — based upon hard work and recognition,” they concluded.

A law firm’s view on the profession’s duty on reconciliation