Q&A: Heidi Nash-Smith – "Pro bono is a wonderful thing and as lawyers we have a unique skillset that can really help a lot of people"

In this Q&A, Wotton + Kearney pro bono leader Heidi Nash-Smith reflects on being named the Lawyers Weekly Pro Bono Partner of The Year; how smaller firms can overcome resources shortages to give back to the community; and why running marathons has been a good fit for her professional career. 

Congratulations on being named Pro Bono Partner of the Year. What does the achievement mean to you?

“It’s a wonderful recognition of the pro bono program that we’ve built at Wotton + Kearney and it’s a real reminder of how far we have come. It’s 6½ years since we introduced our Community Footprint program and we started small, but year on year we’ve grown our participation of staff and also our impact. More than half our lawyers are involved in our pro bono work now and it’s grown far beyond me and my passion for pro bono into something that the whole firm owns and is proud of.”

What’s been the particular focus of the firm’s pro bono program?

“One of the main areas is refugee rights, which last year represented about 65 per cent of our pro bono work. We’ve been fortunate to partner with some amazing community organisations, including the Human Rights Law Centre (HRLC), the Refugee Advice and Casework Service and Refugee Legal. Given the migration climate that we’re in right now there is a lot of unmet legal need.”

We understand that through Wotton + Kearney’s work with the HRLC that your team has stopped the deportation of at least nine people back to Manus and Nauru islands and contributed to the safety of more than 400 people. That must be satisfying.

“Yes, it is. We’ve been able to play a part, along with other lawyers and firms across the country, in helping to keep people safe in challenging circumstances.  It is a very tangible impact for our lawyers.”

Can you tell us about how the refugee work affects you and your team?

“It is a very human experience. It is by working with our refugee clients that we truly appreciate the impact that different policy changes have had on them and their lives. Hearing their stories makes us realise the importance of the pro bono work in a climate where lawyers who have been doing this work have been called ‘un-Australian’. We have to stand strong and educate others on the importance of the work. We have a responsibility to provide assistance and advocate for this highly vulnerable client base.”

How did your passion for pro bono start?

“It’s something that’s always been there. I grew up in a family where contributions to the community were always a big part of what we did. The starkest example is that the day I started my legal career in London my mum moved to Azerbaijan to set up a school to help the disadvantaged. She’s a wonderful role model. When I first started practising law in the UK, there weren’t many pro bono opportunities. That changed for me when I moved to Australia in 2007 and found myself able to do pro bono work within the commercial law firm environment. A turning point for my career was going on a pro bono secondment at a women’s refuge. I experienced the impact of pro bono work and saw how it changes lives.  It ignited a passion that has only continued to grow.”

Since 2012, the firm’s pro bono program participation has grown from 12 lawyers to more than 70 this year. How did it all start?

“When I joined W+K we didn’t have a formal pro bono program, so I volunteered at a community legal centre outside of work. But I wanted to do more, and the firm supported me. I was appointed as the firm’s first pro bono coordinator in 2012, developing our pro bono program alongside my insurance work.  Since then, Community Footprint has evolved from a fledging program in one city, to an integral part of the firm’s personality that spans across our offices. The next career-defining moment came for me in 2016 when I made the decision to give up my busy insurance practice to focus solely on building a sustainable pro bono program for the firm.”

That must have been a big call.

“It was a hard decision to make. I knew I wanted to focus on pro bono work, but it was a big career move.  I didn’t know at the time if the firm would support that decision and I thought, ‘What if I do this and I don’t succeed’ and what if I regret the decision. When I identified those fears I was able to overcome them. I knew this was the path I wanted to take. So, I plucked up some courage and I had that conversation with the firm.  I have been very fortunate in that I have very supportive management who have stood behind me all the way. I have no regrets.”

What benefits does engagement in pro bono work deliver to the firm?

“For the individuals involved in pro bono there’s a wonderful sense of collective purpose and connection to community.  There’s also a real connectedness to others within the firm as we work with people across different offices, states, teams and skillsets. You see that the firm stands for more than the bottom line, that we do care about our community and we are serious about making a contribution. And then for the firm there’s obviously benefits as well, for example with staff retention and engagement. Most people these days want to work at a firm that advocates for social justice and provides opportunities to do pro bono work. Clients also want to see firms contributing to the community.”

The firm’s Community Footprint program goes beyond just pro bono to include other corporate social responsibility initiatives. How else does it make an impact?

“We have a really wonderful community program which all our offices are involved in with firm-wide initiatives and local-office initiatives. That involves working with different charities on fundraising, volunteering and the advocacy side, and we also have sustainability and environment initiatives.  This year we have partnered with IJM Australia in the fight against modern slavery and trafficking. I am leading a team of 15, including 13 women, on a 250km cycle challenge across Cambodia in October.  We’ll spend time along the way with not-for-profits and social enterprises working with survivors of trafficking and forced labour.  The last day will be spent with IJM’s field office in Phnom Penh getting a first-hand view of IJM’s work and hearing the stories of those IJM has rescued. We’re aiming to raise $125,000 to support IJM’s work.”

Given the growth of the pro bono practice, how has it affected your role as a leader within the firm?

“The pro bono work and development of a pro bono practice has provided me with the opportunity to demonstrate my leadership skills in a very tangible way. It’s led me to where I am now, so it has been a big part of my career development and promotion.  I am a part-time, dedicated pro bono partner, the first at W+K.  Alongside my pro bono practice, I mentor other lawyers and I have established and lead a women’s network. I would hope that as a leader I show others that you don’t have to conform to a stereotype to succeed and that you can define what success can look like.

“I’m very passionate about pro bono and I’m an advocate for other firms to do it. As lawyers we have a unique skillset that can help a lot of people. So let’s use it. Not everyone has to be a dedicated pro bono lawyer, but within our different practices we have skills that lend themselves to doing pro bono work. Find the opportunity if you haven’t done so already.”

Many of our readers will be in solo or small firms with limited resources. How can they contribute meaningfully to pro bono given time and personnel constraints?

“It’s still doable. The key is finding the initiative or program that works for your firm and the resources you have. For W+K, when we first started our pro bono work we joined programs and clinics where there was a shared responsibility across a number of different firms. I would also recommend working with community legal centres and clearing houses like Justice Connect and LawRight which may have already developed projects that you can support. Also, bear in mind that pro bono does not necessarily equate to advice and representation. You could instead be involved in community legal education, preparing legal factsheets, or policy submissions.”

What’s your advice for other firms seeking to set up pro bono clinics or wanting to maximise the impact of their work?

“First, getting buy-in and support from firm management is crucial because that support will help you drive your program forward. Invest in those early conversations with your management team and explain to them the ‘why’ and the purpose behind your program. Secondly, start small and prove the model and demonstrate that it is making a difference. Then you’ll have the building blocks to grow the program and you’ll get buy-in because management can see the benefits. Thirdly, I’d encourage firms to reach out to other firms doing pro bono work and to the Australian Pro Bono Centre. The pro bono community is very supportive and will provide you with guidance, ideas and contacts – and if you don’t know where to start you can always contact me!”

As if you’re not busy enough, you also run marathons and have completed, among others, the New York Marathon in 2013 and the Masai Mara Marathon in Kenya last year. Why do you do it?

“Running is my sanctuary. It gives me space to think, to escape from the demands of life and focus on something else.  Before I ran my first marathon, the New York Marathon, it seemed so far out of reach – an unattainable goal.  If I hadn’t committed to run the marathon for charity, I’m not sure I would have done it.  But I had committed to raising $7500 for the Heart Foundation, so each day I would show up and run. Completing that marathon is one of my greatest achievements. There were times during the training and during the marathon itself when everything in me was screaming that I couldn’t do it. But I proved to myself that I could push through and overcome the obstacles in my path. It made me realise that, not just in running but in life, you can get through the tough times if you keep showing up and pushing on.”

What lessons does running offer in terms of your professional career?

“As lawyers, I feel we always try to be the best. Running can be very competitive as well – racing against others; striving to win the race. With the marathon I obviously realised I was not going to ‘win’. I was there to participate, to finish and to do my best. That’s been a valuable lesson. It’s not about winning. It’s about defining what success looks like to you and then striving to achieve it.”

What’s next for your career?

“I’ll keep doing what I’m doing and keep building the pro bono program here at W+K. We’ve got really good foundations and a great program, but there’s so much more that we can do. We’ll identify different opportunities for our lawyers, build up participation and grow our impact.  In my mind the sky is the limit for what we can do!”

Heidi Nash-Smith leads Wotton + Kearney’s pro bono and corporate social responsibility program, Community Footprint, and is a passionate advocate of pro bono and community advocacy. She was admitted as a solicitor in the United Kingdom in 2005 and joined Wotton + Kearney in 2010. She can be contacted via email at Heidi.Nash-Smith@wottonkearney.com.au.

www.wottonkearney.com.au