In conversation with Lawyers Weekly, Mr Alpass spoke about his writing process, his most memorable career moments to date and what’s next on the horizon for him.

Mr Alpass originally started writing in the form of letters to his children to explain to them the variety of “career distractions” he experienced as they were growing up.

“When, however, I commenced writing, I found that I had a lot to say and, to give them some deeper insight into the unexpectedly exciting, distracting, humorous, thought-provoking, and sometimes tragic things that were involving my clients, I thought a book may be more appropriate. That led me to a professional writer, Dianne Websdale-Morrissey, who identified my writing ‘style’ and who gave me encouragement and suggested methods by which my sometimes overly legalistic writing could achieve greater colour and ease of reading,” he said.

“It goes without saying that running a busy legal practice comes well and truly before writing a book. As a result, the writing process took two or three years, and then only when time was available. COVID further delayed publication and although I found the publication process a little frustrating, after a time, I found that I really enjoyed writing and saw that if I could write respectfully about my clients’ experiences, then this could be a useful tool for young lawyers exploring career choices. Young lawyers should be aware that suburban practice can be very stimulating and challenging in ways that are well beyond the academic experience.”

Mr Alpass’ career spans almost five decades — after he began as a sole practitioner at 24. After originally having no one coming into his office except for him for “weeks and weeks” in 1975, his practice eventually transformed into a busy, successful law firm.

“It is difficult to specify when the change to becoming a very busy, successful practice occurred. The common thread is my troublesome curiosity, the need to know the whole story, the need to chase down every lead and basically, the need to seize every work opportunity,” he said.

“Unexpectedly, this led to the purchase of several run-down law practices and an appointment to the Legal Service Board and Commissioner panel of lawyers undertaking urgent external interventions, both activities which involved huge practical challenges and a need for very strong processes. When I commenced practice, I would never have imagined opening over 1,000 files per year and turning over millions of dollars annually.”

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Mr Alpass outlines a number of unexpected stories and cases within his book — but said that the clients that have impacted him the most have been those with mental health issues.

“One of the most challenging cases involved instructions to bring a claim for damages arising out of the attacks on the World Trade Centre on 11 September 2001. The woman sitting before me was scarred and disfigured and, with great detail, she recounted the horrendous story of surviving the worst peacetime terrorist attack on United States soil. She told me she was on the 93rd floor on the north tower when it was struck by an airliner. She told me the scars on her face and arms were from burns. She gave me a letter from her treating doctor outlining her injuries and congratulating her on her recovery. She even produced photos she had taken before the planes hit that terrible Tuesday morning,” he explained.

“The client instructed me to claim compensation from the September 11th Victim Compensation Fund. Ultimately, it transpired that her account was fictitious and, of course, terribly disrespectful to the victims of the 9/11 tragedy. Despite this, she genuinely believed she was a victim of the attack, a belief that was deeply embedded in a troubled psyche. Handling a client with these issues was challenging. 

“Another incident involving an armed and aggressive client, caused an office evacuation and a violent police intervention, which caused me to wonder about our system and its approach to those with mental health issues. Both of these stories are covered in great detail in my book.” 

These experiences have shaped how Mr Alpass practises law, as well as how he views the legal system.

“There is no question that a legal practice needs strong systems. Many of my systems developed over time and as a result of sometimes adverse experiences. My recommendation to aspiring sole practitioners would be to develop strong systems and utilise some of the many helpful online facilities available these days, such as advice from the LIV and Legal Services Board,” he added.

“An obvious example is when a new client makes an appointment to see you, it is essential that you have a process to check for conflicts. In the early days, I did not have these systems, leading to embarrassment, for example when I found that an employee solicitor was acting for the other side in a newly opened family law matter.” 

Moving forward, Mr Alpass encouraged younger solicitors to “maintain their curiosity” and sole practitioners to plan carefully. In addition to writing more books, he intends to continue practising for as long as he can.

“There is some additional writing in train, perhaps a Book 2 (sic) relating the stories of clients. Another book is underway, which is completely different, focusing on the perils of international travel from the perspective of an overly curious jogger, again, all based on fact,” he said.

“It is my intention to continue general practice for as long as possible. Years of experience have given me confidence in my approach to my work. I continually enjoy my clients who provide me with endless fascination.”