Humans of Law – Sarah Constable

By Annabel Rigby & Vanessa Luong

Sarah Constable is a current law lecturer and former student at UNSW. After studying a Bachelor of Arts, majoring in philosophy at Sydney University, she transitioned to UNSW where she completed a Juris Doctor in law. She then travelled to Oxford University where she completed a Bachelor of Civil Law. She has since worked as a Judge’s associate in the Federal Court of Australia, a solicitor in a commercial law firm and a law lecturer at UNSW, and is currently studying to take the bar exam next year. We sat down with her to talk studying law, life after uni and looking after yourself throughout the journey.

What motivated you to study law?

When I was eleven years old my best friend at school said, ‘When we’re older let’s become High Court judges!’ and I thought ‘Absolutely, that sounds like a great idea!’ That then morphed into a dream of becoming a barrister. My mother always joked that I treated the kitchen like a courtroom. Of course, at the age of eleven, I had no idea what ‘the law’ actually was, but I just knew that it was a means to a lifetime of intellectual persuasion and argument.

Do you remember your first impression of law school?

When I started law as a JD student at UNSW, I was amazed because it felt like being back at school. During my earlier Arts degree, the lectures and tutorials were interesting but perhaps slightly detached. I loved the continuity in the JD ‘classroom’, especially being with the same cohort for three years. Since the classes are taught in small groups, we were able to develop relationships with lecturers and fellow students and to really feel part of a community.

Do you still keep in touch with people from your first-year classes?

My best friend in Australia was in my ‘Foundations’ class (now ILJ) and I am godmother to his second child. And there are a number of other people from the very first class who are still close friends of mine. I don’t think I expected to make such good friends from the start.

What were some of the highlights of studying law at UNSW?

Very quickly, I discovered my great love for the law, and its particular intellectual challenge. As a student, you’re in a very special position because there are few other times in life where your purpose is to immerse yourself in ideas and learning for the sake of it. The small classes were a chance to exchange those ideas and to spar (respectfully!) with classmates.

I think that UNSW in particular gives students an opportunity to in a sense create your own (academic) transcript. There are a great number of electives, and there is scope to fashion your own internships; for example a one-day-a-week internship I was able to organise with a media law firm in Surry Hills. I also took a two-week international lawyers’ course in New York that earned credit towards my degree. During that course, we were expected to perform cross-examination in front of a mock jury – an experience that still resonates. I also highly recommend the KLC and Police Powers Clinic electives.

It’s not all just sitting and reading books; it’s a very rich experience.

How did you manage stress and look after your mental health at university? Were you involved in any extracurricular activities?

I would always leave an exam and go straight home, I wouldn’t speak to anyone about it. (Obviously if it was the last exam for the semester I’d join in the well-deserved celebrations at the Doncaster!). I also rarely discussed marks with anyone. That means you have actual friends and not competitors.

I did mooting, and I really encourage everyone to do it. It gives you an opportunity to read cases in full, in a very focused way, and to mount a well-organised case. It can be stressful juggling mooting with classes and assignments (especially if you take it as seriously as I did, since it seemed at the time like a precursor to becoming a barrister!). But it really is valuable to one’s learning and early legal training.  

How did you deal with it if someone came up and asked you ‘How did you go with the exam’?

I would say ‘it was fine’. Because I think saying ‘it went well’ can appear arrogant, and saying ‘I did terribly’ is just silly, so I would just say ‘it was fine’. It’s really none of anyone’s business and it’s just going to make them more anxious either way; it’s not helping anyone.

Did you think support services were readily available if you did need them?

I’m sure they were and I always felt that, as students, the law faculty was on our side. There was always plenty of advertising about mental health awareness and associated support services, and even more so now. I never used the official support services but if I had a problem, I would at times speak to my lecturers, and was always met with generosity of time and compassion. One of them even comforted me when I broke up with my (fellow JD student) boyfriend at the end of second year! So I probably drew my support from lecturers, friends and family.

Is there any advice that you would give to a student who is feeling overwhelmed by the pressure?

I would say a number of things. First, I’ll reiterate what I said before, which is don’t speak to people after exams and also in the few hours beforehand; you’re doing it on your own. The same applies to assignments. Take responsibility for your own work and avoid comparing yourself to other students with respect to exam results.

Related to that, the race is long (and, as the great Sunscreen song goes, in the end, it’s only with yourself). My grades in the first semester were not particularly close to my grades in later semesters. When I found what I loved, I really thrived. The goal is to ultimately pursue a life where you are doing what you love and are good at. A lot of it is about knowing yourself and knowing what your strengths are.

Take control of your degree as well. If you find you are good at exams, try to choose subjects that have a focus on exams. If you like essays, try to choose subjects weighted by essays. The latter will mean you can manage your time well and have more control over it. 

Finally, if you don’t get a clerkship or a job immediately, don’t be discouraged. One of your friends might get a clerkship but not be offered a job, whereas you might not get a clerkship but then you get a graduate job and thrive.

Rather than comparing yourself to other people, go at your own pace and be proud of your life holistically. Your grades are one aspect, but you as a person and your ‘life CV’ as I call it is the tapestry of every facet of your existence; that includes professional achievements, but also encompasses your family, your friends, your other skills, and the things you love doing. I feel very strongly about that.

What advice would you give to a student who maybe doesn’t know what they want to do when they graduate?

Relax in the knowledge that your interests can develop. I love corporations law but it took me until halfway through law school to find my passion.

Also, be as open as possible. Law, Ethics and Justice, a course I’m teaching now might sound to some boring and rule-bound, but it’s about philosophy and psychology, and most students end up finding it interesting and exciting. Allow yourself to be carried in different directions. Be aware that your job straight after law school will not necessarily be your job forever. Knowledge of the law provides an excellent foundation for any other study or career. Remember you have years ahead, so relax and take your time.

What has been your experience in the legal profession since you graduated? In terms of where you’ve worked and the main highlights and challenges.

The first job I had after law school was as an Associate for a judge of the Federal Court. It was one of the best years of my life, within a community of about eighteen Associates, each of us working for our own judge. We forged very close friendships, had regular opportunities to watch barristers perform, and learnt about the system that drives the judiciary. And there’s no billing!

After that I did a Bachelor of Civil Law at Oxford – that year possibly topped the previous! I highly encourage every student to consider doing a masters degree at some point in their career. It is a real adventure of the mind, and it is also an incredible amount of fun! I was able to develop a specialised knowledge of corporations law and financial markets regulation, and at the same time meet the most interesting and driven people, some of whom will no doubt be friends for life.

Then I worked as a solicitor, which opened my eyes to legal practice, and the practicalities of advising clients. Theory, history of law, and ambiguity were in some ways subordinated to finding the right answer for a particular client. It was important training.

How did you cope with that transition from just graduating law school and then moving onto work?

You have to give up the autonomy that comes with student life and be prepared for the shock of regular, often long hours. Unlike at university, the daily commitment of a job is non-negotiable. But the transition includes some great benefits such as working in a team environment and spending your day in the company of others, often working towards a collective goal and seeing tangible outcomes for clients. That can be much more rewarding than a good mark on an essay.

What was your motivation to come back to UNSW to teach?

I have always felt a strong loyalty towards UNSW because I had such a positive experience there. I really loved it. Studying law was in some ways mind-blowing – you start learning what it means to be a citizen of this world (and particularly Australia), and about values such as the rule of law and its associated rules, structures and institutions. Basically, I had a strong desire to impart my enthusiasm for learning those things and I love seeing students become excited by these subjects.

When it was suggested that I return to teach, I was working at a law firm, and fortunately the partners at the firm were very supportive about my wish to teach.

When you started teaching did you ever feel discouraged if you saw a student who wasn’t enjoying law or was just doing it because maybe their parents wanted them to do it?

I never felt discouraged because I understood them. Like most students, I have experienced different levels of engagement. People have to navigate difficult times and immaturity. Motivation may fluctuate, but I do think it’s important, ultimately, to take pride in personal achievement.

Do you think the law school prepares students enough for a career in the legal profession?

I think the answer is yes and no. In the workplace, your major tools are legal training, critical thinking, and interaction with people, and many of these skills are learned in law school. However, the partners in a law firm are often not looking for long analysis of the law. Instead they want to know: ‘What is the answer in one line?’.

Have you found the topics of mental health and wellbeing easy to talk about amongst members of the legal profession?

I try to talk about these issues with peers as much as possible. An observation is that in the workplace setting, the discourse is often horizontal when it should be vertical. I think we benefit from sharing our feelings and refrain from making them taboo subjects.

In terms of environment, a conducive culture is crucial. Some workplaces are more about bravado but in truth, most people have some doubts about themselves. It takes confidence to admit to sometimes feeling anxious or depressed.