Nick Boag is a PHD scholar and sessional teaching associate at Monash University. As a researcher with the Australian Centre for Justice Innovation (ACJI), Nick focuses on civil justice and wants to improve its effectiveness in Australia. In his teaching role, Nick is the chief examiner for Litigation and Dispute Resolution. Before entering academia, Nick built extensive experience working as a personal injury and police misconduct lawyer at Robinson Gill Lawyers, Flemington & Kensington Community Legal Centre and Margalit Injury Lawyers. This interview sheds light on Nick’s unique journey across the legal profession and academia, offering insights drawn from his diverse experiences.
Let’s See What Happens: From Practice to Philosophy
Authors: Joseph Tan & Nelson Thomason
Interviewers: Tiffany Lu, Joseph Tan & Nelson Thomason
Chapter 1: The Fork in the Road
Nick’s path to law was not straightforward. In fact, it did not begin with law at all. Initially, he undertook an arts degree at University of Melbourne, where he developed an interest in teaching. After he completed a graduate diploma in education, he picked up relief teaching at high schools. However, he soon realised that teaching was not his true calling, and instead was always developing an interest in law in the background of his mind. Eventually he reached a fork in the road: to commit fully to teaching, or take the leap into law. He chose the latter, leaving teaching behind and went up to Canberra to begin a LLB at ANU.
Chapter 2: Building a Foundation
For Nick, the idea of practicing law was not a drive for Nick, instead he simply had an interest in studying law and wanted to 'see where it went'. While studying at ANU, Nick became interested in the area of international law, and thought he was going to stay in Canberra. However, Nick shared with us the story of what drew him back to Melbourne. One day, while watching an AFL game on TV that was being played in Melbourne, the cold, windy weather sparked something in him and inspired his return.
Nick finished his law degree at ANU during the 2008 Global Financial Crisis, so job prospects were scarce. In addition to this, Nick did not have many legal connections in Melbourne which made breaking into the legal profession even harder.
Nick took a role in the Financial Ombudsman Service (now the Australian Financial Complaints Authority), which is a dispute resolution body servicing people who have complaints against their banks. Nick enjoyed what this job entailed: being on the phone to people, taking their complaints, and working to resolve disputes between everyday Australians and their banks. Nick enjoyed the dispute resolution aspect of this job and proved to be a perfect foundation for his future legal career.
Nick remained in this role for a bit over 4 years before deciding that it was time for a change. He switched to work for the telecommunications industry ombudsman’s office. Eventually though, Nick felt it was time to take the next step. He had studied law and now wanted to practice law, just because it was something that he had never done.
Chapter 3: Stepping into Practice
Nick’s introduction into the legal profession came through a friend’s firm, where he got invited to complete his hours needed for admission. It was there that he stumbled into personal injury and police misconduct litigation, a field that he had never even thought of working in. We asked Nick what it was like working in this area of law. He explained that it began with meeting new clients, listening to their stories and advising them on whether they had a legal case. From there much of the work involved building the case: a lot of time taking phone calls, reviewing documents, medical records and police files, getting reports from the client’s treaters. At one point, Nick was managing around 150 clients simultaneously.
When asked what surprised him most about the role that law students who want to enter that field would not know, Nick reflected on the emotional side of the work. 'Lawyers for those types of claimants are much more than just a lawyer,' he said. Depending on the client, they may rely on you to try and be their social worker or be someone that they can talk to. Some clients would simply thank him for taking the time to sit and listen, even when there was no case for Nick to act on. He noted that it was an emotionally taxing job at times. After gaining this experience, Nick decided to continue developing his legal career by working at a Community Legal Center.
Financial Ombudsman Service (now the Australian Financial Complaints Authority) Website
Chapter 4: Justice at the Grassroots
Nick’s tenure at the Flemington & Kensington Community Legal Centre broadened his horizons and skills, and he was able to gain insight on how the Community Legal Centre sector worked. Through working at the Community Legal Centre, Nick was able to put the human rights aspect of law that he delved into in his Masters degree in practice. While tackling both individual discrimination and police accountability cases, the legal centre was also trying to advocate for reform of the police accountability system in Victoria.
Nick explained that it was very different working in a community legal centre in comparison to a traditional law firm. There were not a lot of resources, sometimes Nick had to dip into his own pocket for work essentials such as folders. However, what the centre lacked in resources, it made up for in spirit and purpose. Nick recalled the culture of the community legal centre being great. It was a group of lawyers that are committed to social justice, committed to acting for and advocating for people that are on the margins, and in low socioeconomic circumstances.
Another difference that Nick noted was that sometimes he would come to work in jeans or a shirt. During this time, Nick was also part of the Human Rights Committee at the Law Institute of Victoria, where he had the opportunity to sit with a group of really talented lawyers, engaging in work such as drafting submissions for government inquiries on human rights issues. Over time, Nick felt drawn to a new challenge, the bar. But before making that leap, he wanted to gain a broader perspective on the legal system by doing an associateship. That opportunity came up when he began an associateship at the County Court under Judge Cohen.
Chapter 5: Learning from the Courtroom
One way to think of it is a bit like a glorified personal assistant, but it was a lot more than that.' Nick described being an associate as acting like a gatekeeper to the judge: all correspondence to the judge passed through him, and it was his responsibility to make sure the judge sees what they need to see, and respond to things that didn't need their attention. The role had far more to offer than just administrative work. Nick also had to prepare each day for court by checking what case the judge has been allocated, prepare all of the necessary documents ready for the judge, and read through case material to make summaries.
Nick recalled that one of the most intimidating yet memorable tasks was calling on a case in criminal court. Nick had to stand up and arraign the accused, reading out all the charges aloud before the courtroom. Associates are also responsible for empanelling juries, and if the jury reaches a verdict, it is their task to ask the foreman for their verdict.
It was a very hands on role, and Nick remarked that it was a lot of fun and a fantastic experience. 'The real benefit of being an associate,' Nick says, 'is you get to sit in court all day every day and watch some of the best barristers just do their work. It was fantastic. Highly recommend it to any law student.' As his associateship drew to a close, Nick had gotten married, bought a house, and was expecting a child. With so many personal commitments, the financial uncertainty of going to the bar made him decide to hold off. Instead, he chose to return to personal injury work at his previous firm, Robinson Gill.
Chapter 6: Back to the Firm
When Nick returned to Robinson Gill lawyers he continued working on personal injury claims and, on top of that, began practising in the field of police misconduct litigation, an area in which Robinson Gill was one of the only firms in doing litigation against police misconduct. Nick became deeply involved in this field, contributing to its development through both his casework and legal publication. Links to his publications can be found here.
After several years, Nick made the move to Margalit Injury Lawyers, taking on the role of Senior Associate. Interestingly, his first day of work got him involved in a class action, an area of litigation he hadn’t worked in before. Working on this case gave Nick the chance to sit down with both former AFL players and community-level footballers, hearing first-hand the challenges they had faced.
When we asked what skills today’s law students should focus on, Nick emphasised the importance of attention to detail and preparation. In his words, people can immediately tell the difference between those who have prepared thoroughly and those who have not, whether in court, at a mediation, or even on a phone call. He also highlighted the value of building genuine connections with clients. Legal processes for the client can be slow, frustrating, and emotionally draining, and a lawyer should be able to make this human connection with the client to guide them through that process.
Nick Boag’s research goals for The Impact of Legal Costs Reform in Personal Injury Claims
Chapter 7: The Present – From Practice to PhD
After years of practicing law, Nick began to rethink his priorities. With young children at home, he wanted to spend more time with his family, and he also felt that he had lost some of the passion for litigation work. He was ready for a change, whether temporary or permanent.
The opportunity for a change came when his wife spotted an advertisement for a scholarship at Monash University. Nick called who is now his PhD supervisor, and eventually became a PhD scholar with the Australian Centre for Justice Innovation, focusing on how civil justice works. 'No one really pays attention to civil justice,' Nick says, 'even though it is an enormous part of our justice system.' His research involves studying empirical data, gathering raw data and evidence about how the justice system is working and doing some important research around that area.
Nick noted the particular challenge in transitioning from practice to academia. In legal practice, the goal is to write letters, memos and briefs to a barrister quickly and succinctly. Academic writing, in contrast, is an entirely different skill, and he was writing to a completely different audience. Nick however, thinks he is getting there.
Nick explained to us the process of obtaining a PhD. The journey involves going past three hurdles. The first is the confirmation hurdle, which comes after 12 months, a midpoint candidature hurdle, and then finally the presentation to a panel. Nick was happy to tell us that three weeks ago he had just passed the confirmation panel, which means he is a confirmed PhD candidate!
When asked what were the benefits of pursuing a PhD for students who are curious, Nick emphasised the freedom it provides, particularly the freedom to explore ideas that genuinely interest you. For him, undertaking a PhD has meant having the time to dive deeply into his chosen area of research. 'You very rarely get three years to sit down and just work on one thing and one topic,' he explained. Nick sincerely recommends the experience to any law student who has a genuine passion for learning for its own sake.
Nick also explained some challenges that came with pursuing a PhD. He pointed out that it doesn’t come with much structure, 'You’re just left on your own.' Nick meets up with his supervisor every fortnight to check in and ask questions. But it is really up to the candidate to plan out how the three years are going to go. Therefore, it can be quite tough to maintain self motivation and keep on track.
To wrap up our conversation, we asked Nick about his next goals and his aspirations for the legal profession. True to his reflective approach to his career, he said he’s 'not looking too far ahead.' He is considering a career in academia, but nothing is set in stone. 'I’m just going through the weeds of my PhD,' he explained, 'I’ll see what happens when I come out the other side.' By following his curiosity, staying open to opportunity, and building on each step along the way, he shaped a legal career that is uniquely his own.