Whether you’re in an accounting firm or a law firm, a major bone of contention among junior staffers can be the fine print associated with higher learning. A good example is found in our recent post on HWL Ebsworth in which the firm apparently threatened to dock the pay of a departing employee. Well, it seems like the law graduates of today have very little choice but to expose themselves to potential repayment obligations to firms and this post looks at the reasons why.
According to ALSA:
To be admitted to practice as a lawyer, law graduates must undertake certain post-graduate training. The rules for admission to practice differ in each state in Australia. Currently, all states except Western Australia require students to complete Practical Legal Training (PLT), in which they learn basic practical skills undertaken by lawyers, including negotiation, dispute resolution, drafting letters and interviewing clients.
In Western Australia, the older system of Articled Clerkships is still available as an alternative to undertaking Practical Legal Training. Students who undertake Articles must work in a law firm for a year, under the supervision of a senior lawyer. After this they can seek admission to legal practice.
- College of Law: Professional Program (costs $7,500 Australia-wide for Australian residents)
- University of Newcastle: Diploma of Legal Practice (we couldn’t find the course fees)
- University of Wollongong: Practical Legal Training Course (costs $6,500 for domestic UoW students)
- University of Technology Sydney: Faculty of Law Professional Program OR Master of Law and Legal Practice (we couldn’t find the course fees)
- University of Western Sydney Macarthur: Graduate Diploma in Legal Practice (costs $10,170 for domestic students)
- Leo Cussen Institute – full time program (costs $7,950 for Australian students)
- Leo Cussen Institute – online program (costs $7,750 for Australian students – gee thanks for the generous $200 Leo!)
- Monash University – full time program (we couldn’t find the course fees)
- College of Law (Victoria) – online program (costs $7,500 Australia-wide for Australian residents)
So how long do grads need to stick around? To answer this, we wrote the following email on Monday to the media teams at Mallesons, Minter Ellison, Freehills, Clayton Utz, Corrs, Norton Rose, DLA, and AAR (except it bounced back – meaning they’ve either blocked our emails or Jason Silveri no longer works there):
——– Original Message ——–
Subject: College of Law Repayment Schedule
Date: Mon, 02 May 2011 20:42:19 -0400
From: <news@firmspy.com>
To:Hi,
We’re currently compiling a story which profiles the circumstances under which graduates working at major Australian firms will be absolved of the liabilty to pay for their Practical Legal Training Course (in most circumstances being provided by the College of Law).
Consistent with our approach to reportage this year, we wanted to give your firm an opportunity to clarify how long the relevant grad must stay at the firm to avoid paying the hefty CoL bill. Are you able to advise?
If the CoL bill is amortised over a certain period, we would also welcome guidance on its schedule (eg grad pays 50% of CoL if leaving the firm between 1 and 2 year PQE).
We look forward to hearing from you. We’re sure grads will also appreciate clarification in this regard, instead of just relying on LSS hyperbole.
Regards,
FS
The only firm to write back to us was Freehills and we are certain that graduates appreciate the transparency of this firm. For graduates wondering about the merits of a career with Freehills, we ask them to read yesterday’s post regarding the severing of the firm’s ER practice, but to do so in the light of its track record with juniors. Onto the Freehills PLT repayment schedule:
All new graduates employed by Freehills (who are yet to complete the College of Law) are informed of the firm’s policy by a clause in their letter of offer.
Freehills will pay 100% of up front course fees for graduates who have completed their LLB or other qualifying degree and are undertaking the Freehills in-house College of Law program for their admission to practice in NSW, Qld, VIC or WA.
If a graduate leaves the firm whilst completing the admission training program, they will be required to repay 100% of the fees.
If a graduate or articled clerk leaves the firm within 2 years of completing the admission training , the firm requires the graduate to refund a portion of the expenses dependent on their length of service. The repayment requirements are set out in the following table.
Length of service after completing admission program Percentage of fees to be repaid 0 – 6 months 75% 7 – 12 months 50% 13 – 24 months 25%
Anecdotally, we’ve heard that most firms also amortise CoL repayment liabilities over two years, however it is broken up into yearly, 50% blocks (unlike the half-yearly 25% blocks at Freehills). We have also heard that Minter Ellison originally had no repayment obligation, but had to amend this because several grads gained admission and immediately left the firm. We ask that grads at all firms email us at news@firmspy.com to clarify the nuances of the repayment regime at their firm.
Meanwhile, over at Corrs, an anonymous spy admonishes “caveat emptor Corrs Chambers Westgarth graduates”:
Corrs Chambers Westgarth (Corrs) widely advertises that graduates receive four days study leave per subject for Practical Legal Training (PLT). The firm fails, however, to tell future graduates, that once you sign you will be advised that they recommend only 1 study day per subject. Any leave over that requires a written explanation and would have to be for ”extenuating circumstances”. Corrs further expresses that they would ”be suprised” if graduates needed more than 1 days leave as no one in the past has ever taken more.
Further, in the Corrs’ sales pitch graduates are offered the opportunity to do a rotation in a Public Interest Clearing House. What Brisbane HR fails to mention is that Corrs has actually decided to permanently post a research clerk to the Queensland Public Interest Clearing House, eliminating the opportunity for a QPILCH graduation rotation. Why? Because graduates can be charged out at a higher rate, so it is more economical for the firm to send a research clerk who charges out at a lower rate.
Why then does Corrs continue to advertise opportunities for graduates to be involved in public interest assistance? It seems Corrs is more interested in getting its pro bono advertising as cheaply as possible sending staff who are not yet qualified lawyers.
We asked the Corrs media contact for comment on the opportunity to rotate at PILCH and whether it truly existed. Much like the broader email we circulated regarding the CoL repayment schedule, we received no response.
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Hynes lawyer- 2 years post admission and entire amount is repayable, not pro rata at all
When I finished nearly 10 years ago now, they were phasing in PLT in Qld. It was a 6 month intensive course at QUT with the practical component done intensively in the last month. The fees were $7,500 then and I had to take a Graduate Loan then offered by ANZ to pay the fees. The following year the course was accredited and HELP fees were payable instead. If any of the NSW PLT courses are similarly accredited I can’t understand why students will sign to these agreements if you can defer the repayment of the debt.
Minters current policy is to offer 7 days of study leave over the course of the program and the fees are payable in full (thats right, its not pro rated) if leaving within 2 years of the program.
What do u expect..pay the lawyers course fees and they walk out as soon as they qualify?
I have to side with the firms on this post.
I know of cases where people leave and their new employer reimburses them for all / part of the PLT costs they have to repay old firm – so not a big deal.
I can vouch for Freehills’ bona fides in this respect. I was a graduate who left the firm around 15 months after completing PLT, but was not required to pay anything back to the firm. My supervisor very kindly waived the remaining fees I owed, given the nature of work I was leaving to do (which did not involve going to a competitor!).
I worked at a firm in Queensland where the repayment policy (or PLT gouge back) was for a pro rated portion of the cost of admission to legal practice (that is PLT course fees, advertising fees and application/court fees) repayable upon leaving the firm any time within the first three years after completing the PLT/Graduate program – effectively tethering the staff member physically or financially to the firm for 4 years (1 year for PLT/Graduate training + 3 years liability for repayment)!!!
WOT DO YOU MEAN LAW FIRMS ARNT IN THE BUSINESS OF PROVIDING FREE EDUCATION??!?!1 THIS IS AN OUTRAGE! SOMEONE SHOULD RESIGN. WHERE IS MICHAEL ROWS??? LET’S SEE SOME OBL DEATH PHOTOS! OBAMAS BIRTH CERTIFICATE WAS PHOTOSHOPPED!!
I don’t really like the idea of my firm spending $7k on a new employee who leaves before giving the firm a return on its investment. It should be pro-rated, but the discretion kept to waive the repayment depending on “good leaver” circumstances.
At Corrs you must stay with them for 18 months otherwise the entire amount is repayable.