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Mark Smyth is a member of the Law Society's Public Law Committee and the chair of the Climate Change Working Group.

When did you join a Law Society policy committee and what was your motivation for doing so?

I first became involved in the Law Society’s Public Law Committee in 2016. For me, I had been intrigued by the work of the committees (what exactly did they do?) and felt it would be a great way to be at the forefront of policy developments in the public law space, while also hopefully making a contribution to the work of the Law Society. Since then, I have also been asked to chair the Law Society’s Climate Change Working Group, which was launched a few years ago – it has been fun being part of both a long-established committee and a brand new working group.

What do you enjoy the most about being involved with the committee?

Being able to contribute to the policy work in areas that I practice in and love – public law and climate-related law – is stimulating and rewarding. What keeps me coming back is being able to contribute but also to listen to and learn from the expertise and different perspectives of the other committee members. On any given meeting agenda we might bounce from significant questions of principle in admin law, to very nitty-gritty questions about paragraph numbering in draft legislation that could have procedural impacts, and I love the array of work. The committee table is a rare space where lawyers from a range of different law firms, in-house counsel, government lawyers, sole practitioners and academics compare notes in a way that is focused on representing members as a whole and furthering the Law Society’s work. There’s a very collegiate atmosphere, where across the committee’s membership someone always has an important personal experience in practice, or recollection of a relevant bit of Hansard or legislative history, to feed into the discussion.

Is there a highlight (such as a submission or piece of advocacy) from your time on the committee that stands out?

The standout moment for me has been our work on the Climate Change Working Group’s Practitioner Guidance for Members. There were instances of Law Societies and other organisations noting that, as part of our solicitors’ obligations, we need to be aware that advice regarding a legal problem should be provided in a manner that meaningfully addresses any identified climate change issues and related consequences, including possible risks, liabilities and reputational damage which may flow from activity that has a negative impact on climate change (see the Law Council of Australia Climate Change Policy).

To help our members we prepared practitioner guidance on:

  • how climate change legal risks may be relevant to client advice
  • issues that may be relevant when considering the interaction of legal advice, climate change and solicitors’ professional duties
  • issues which may be relevant when considering the solicitor-client relationship in the context of climate change

This included sector specific introductory overviews across areas from property law to litigation to corporate reporting. In addition to having a very enjoyable launch of the guidance with members from across the profession, it felt like an enduring, tangible product to help members in a practical way.

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Mark Smyth

How do you balance the workload of the committee with your other professional responsibilities?

I try to set aside time each month for the work of the committee – both around each monthly meeting to ensure I’m across the papers and have some thoughts in order ahead of the meeting, and then a few hours a day or two after the meeting, in case there is any follow-on work on submissions or correspondence that needs to be actioned after the meeting. Finally, it’s good to remember that the work of the committees can, on occasion, be lumpy. If an urgent position paper or correspondence lands, you might need to turn attention to it. At other times, it may be some weeks between committee-related work. Committee chairs and members are understanding of other commitments, and we know we will all be able to contribute more or slightly less at different times.

What advice would you give to someone considering joining a committee?

Jump in, but do it with eyes open and sleeves rolled up. Committees thrive on members who show up prepared and speak up respectfully. Before nominating, take a look over some recent submissions which will give you a good sense of the workload and tone. If you do join a committee, I’d recommend diving in at the beginning and volunteering to help the policy officers draft correspondence or a submission, which is a great way to start getting a hang of things.

How has your involvement with the committee enhanced your daily legal practice?

The work of the committee is a fantastic way to stay up-to-date with the latest developments in a given area, and really require you to engage your brain on new developments at a very early stage. It also encourages me to think about issues within the purview of the committee but which I don’t always come across in day-to-day practice at Herbert Smith Freehills Kramer – which helps me to keep a broader perspective on admin law and climate-related issues. On a softer note, the committee reminds me of the bigger picture in terms of the intersection of law reform / policy developments on areas of my day-to-day practice.


Participating in one of the Law Society’s regulatory, policy, or segment committees is one of the best ways to give back to your profession, contribute to law reform, make new connections, and stay up-to-date.

Whether you are a partner who can lend expertise to our Public Law Committee or an in-house counsel who wants to share your experience and guidance with our In-house Corporate Lawyers Committee, there is a committee to suit everyone.

Details on how to submit an Expression of Interest to join a Policy Committee, as well as information on the Committees that are currently recruiting, are available here