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Blumer, Noor --- "President's page: The coming of age" [2018] PrecedentAULA 52; (2018) 148 Precedent 3

THE COMING OF AGE

By Noor Blumer

The trials and tribulations of ageing are uniquely democratic, in that all of us who survive into older age are affected, regardless of race, sex or class.

For me, the joys of possibly acquiring greater wisdom are outweighed by inevitable physical deterioration.

The case of David Goodall had particular resonance for me: upset at having been removed from his academic position at the age of 102, he travelled to Basel to end his life with assisted suicide two years later.

Mr Goodall’s decision preceded the new Victorian voluntary assisted dying legislation, but in any event he wouldn’t have qualified, as one must be of sound mind AND have less than six months to live. Goodall suffered no particular illness.

And those of us involved with estate litigation, and indeed in family life at all, may question the wisdom of legalising assisted suicide, particularly given recent Canadian research that people’s most common reason for supporting euthanasia was so as ‘not to be a burden to the children’. May I live long enough to be a burden to my children, but not so long that I am in great pain and no longer enjoy life.

The publication of this edition of Precedent could not be more timely, given the government’s recent announcement of an Aged Care Royal Commission. The ALA welcomes this development, as aged care residents are among the most vulnerable people in our society and also face significant barriers to accessing justice. The terms of reference should include a focus on the inadequacies of the current complaints mechanism, with a view to ensuring effective remedies for victims of negligence and meaningful, systemic improvements in care.

AMERICAN ASSOCIATION FOR JUSTICE

In July, I spent valuable time with Linda Lipsen, the CEO of the American Association for Justice (AAJ), the ALA’s sister organisation. The AAJ has significant political clout and spends much of its time and resources on influencing the political agenda, a particularly difficult task in the Trump era. It also provides expert support to its thousands of members with the aim of improving the quality and outcomes of plaintiff tort litigation in the USA.

CLAIMS HARVESTING

Meanwhile, the ALA has been dealing with its own issues, including claims harvesting: where to draw the line? Most of our members would agree that a person making an online appointment with a doctor shouldn’t then get a phonecall from a lawyer. Also, repeated phonecalls from overseas claims trawlers are unnecessarily intrusive. And what of the lawyers who benefit from such intrusion? The rules of touting and advertising are very clear and while the ‘line’ can be blurry, it is usually capable of determination. Equally, however, plaintiff lawyers should be able to lawfully advertise – how else are ordinary people to find out that they have rights, and how to contact professionals who can represent them?

On the subject of plaintiff advertising, it is worth pointing out that lawyers acting for corporations, insurers and government use other means to promote themselves – and must focus only on a few entities. Ballet, opera and football outings with CEOs and directors, and large advertising billboards at airports, are feasible when you only need a handful of clients to run your business. Plaintiff lawyers rely on getting the word out to the community at large and achieve this by advertising, supporting community groups and doing a good job.

NDIS – COMPENSATION PROVISIONS

We have been assured that the NDIS is working hard to overcome the gross deficiencies in its governing legislation and procedures that have been making it difficult for us to accurately advise clients as to the effect of a settlement or judgment on their repayment to the NDIS and on future entitlements. Thanks to the ALA’s NDIS Committee for its ongoing work in this important area.

IN CLOSING

Membership of the ALA and attendance at our events continue to increase steadily. The Medical Law Conference in Sydney, the ACT Conference, the WA State Conference and the National Conference in Melbourne have all been well-supported and intellectually stimulating.

What continues to inspire me is the level of collegiality between our members, despite also being fierce competitors. We share the privilege of providing excellent legal services to ensure that our clients get justice. I look forward to meeting more of you around the traps.

Noor Blumer is a Director at Blumers Personal Injury Lawyers. PHONE (02) 6208 2600 EMAIL noor@blumers.com.au.