Alumni Matters 2024
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As she reflects on her 44 years (30 years as partner) at Herbert Smith Freehills, dating back to the firm of Freehill Hollingdale & Page, Juliana Warner has seen plenty of change, which is somewhat ironic for someone who likes stability in her life. As she jokes, “I worked at the same firm for all those years, and we have lived in the same house for 37 years!”
But what changes she has seen. Over her 40-plus years in the legal profession, Juliana (known as “JR” by her partners, her initials) has watched at close hand unfolding improvements. Most obviously, she has been part of the transition from being in an important, but domestic law firm, via the merger, to a leading international law firm. She has been instrumental in bringing about redress in the balance between men and women in the profession, and has helped to shape the profession into a more diverse one that more honestly reflects that which exists in society.
In her role in the principal professional regulatory bodies in Australia, Juliana has instigated significant gains in the operations of lawyers and law firms. And she is not stopping: even after retirement, she continues to play a major role in tackling failings in the profession, as well as highlighting the huge role, that lawyers play in society.
Perhaps the change that is closest to her heart is the transformation of the litigation practice. When she started in 1980, litigation was seen almost as a minor practice, simply there to help when the corporate lawyers needed a hand in a case. Most of their advice was done pro bono. A challenging case might involve helping a partner’s neighbour in a boundary dispute.
That all changed with the arrival of the partner Peter Perry, who brought with him an approach pioneered by Linklaters partner Bill Park with whom he worked, that litigation should be a standalone first-class commercial litigation practice and, what’s more, could be highly profitable.
Perry and others set about reframing the firm’s litigation capability. Early on, they set out their strategy on a piece of paper (actually it was a beer mat in their local pub while they were discussing what the strategy should be) which was: Best people; Best work; Best clients; Who pay by return. Simple on paper, but much more difficult to put into practice.
Over the next years and decades, the firm rose up the ranks of litigation firms to become preeminent. Juliana learned at the feet of the original leaders of the firm’s Sydney Litigation practice – Keith Steele, Robert Channon and Kevin Broadley, as well as Peter Perry.
Juliana Warner
Alumna of Sydney office, 1994-2024
Juliana expresses it more forcefully: “I stood on the shoulders of giants.” Juliana soon made her own outstanding contribution. She gained a reputation for her forensic ability to work out exactly what clients required and to devise a suitable strategy for resolving the dispute. She was a strategic thinker but also extremely organised and a detailed planner, which meant she was always able to explain her course of action by reference to her orderly layout of the issues and the plan. She had a love of winning (always useful in a litigator). And she had a fierce commitment to justice, fairness and equality.
Juliana says the key thing was developing close relationships with clients. By contrast with corporate lawyers who may have regular interaction with clients on deals, litigators are only called on when there is a dispute, which clients would obviously prefer not to have. “You have to manage that. I’ve forged some great client relationships with people over the years. When clients need you, they really need you,” she says.
Not for nothing did Juliana gain a reputation for helping clients in crisis situations or the “bet-the-farm” disputes, where everything was at stake.
Juliana says “Of course not all cases can be won and often the best outcome is a timely settlement on good commercial terms which is much better than the worst potential outcome. So ‘success’ might look different. It might involve some short-term pain, but be in the client’s best interests in the long run. The problem has gone away and the endless bleed of money out the door has stopped. Clients would always appreciate that.”
She worked on many major pieces of litigation, but two cases stand out for Juliana. The first was Hospital Products v United State Surgical Corporation, a leading case in fiduciary obligations, and the other was AWA v Daniels, which determined the duties imposed on non-executive directors. She can also count among her many triumphs insolvency cases, participation in several commissions and inquiries and the handling of anti-money laundering cases, as well as countless corporate litigations.
Juliana had at least two significant management roles. The first was head of the Litigation practice in Sydney from 1999 to 2003. The second was as office managing partner of the Sydney office from 2012 to 2020, following the merger with Herbert Smith.
As others have found, being managing partner has its highs and lows. Lawyers being lawyers, they tend to have views on everything, and, as joint owners of the business, are entitled to air their views – often thinking they know best. “Managing lawyers can be very rewarding, but sometimes it feels a bit like laying drains,” Juliana says with characteristic humour. “If the drain doesn’t work, you’ll hear about it, but if the drain does work, nobody’s ever going to say, ‘that’s a great drain’.”
Away from her practice, Juliana has been heavily involved in professional bodies. She was President of the Law Society of New South Wales and is President-elect of the Law Council of Australia. The first represents the 38,000 solicitors of the NSW state and the second represents more than 105,000 Australian legal professionals on national issues, promoting the administration of justice, access to justice and general improvement of the law. The Law Council also represents the Australian legal profession overseas, and maintains close relationships with legal professional bodies throughout the world.
As she did in her practice, she has thrown herself into these responsibilities and believes they are very important. “I’ve always been a great believer that we’re not just commercial lawyers, we’re actually professionals and we should contribute to debate about legal policy and social justice.” At the Law Society of New South Wales, Juliana came into a much wider range of professionals than she done in the world of commercial international law, as well as working through unfamiliar issues, such as youth justice, the minimum age of criminal responsibility and the need for more resources for judges.
At the Law Council, Juliana is taking the lead on the Council’s response to the proposed anti-money laundering legislation as it applies to lawyers.
She also sits on the Legal Services Council, a statutory rule-making body, which is currently working on pressing for the rules to be changed to make it easier for lawyers qualified outside Australia to be able to practise in Australia. Among other benefits, that would make it easier for lawyers within HSF to move in either direction.
And in yet other involvements outside the firm, Juliana was for a while a director of the Justice and Equity Centre (previously known as the Public Interest Advocacy Centre), a not-for-profit organisation that offers pro bono advice to those not able to afford lawyers. She was also a trustee of the Public Purpose Fund, a statutory body which funds legal aid, using interest earned by law firms on their client trust accounts.
So, Juliana can certainly look back on a highly fulfilling and rewarding career, both helping clients and contributing to society. In retirement, she has every intention of keeping busy and has plans to visit far-flung corners of the Earth, including the Arctic Circle (having already ticked the Antarctic off her bucket list), as well as undertaking grandparental duties. And she is determined – finally – to learn how to use a computer properly!
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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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