Meet and listen to the new voice of AIC NSW

JONATHAN Smithers, the new Australian Institute of Conveyancers NSW chief executive, has a very impressive resume.

A UK-trained lawyer with over 35 years’ experience, he’s been CEO of the Law Council of Australia, president of the Law Society of England and Wales and CEO of Arthritis Australia.

But one thing his CV doesn’t mention is that he’s a singer of considerable ability and some renown.

A bass voice, Smithers performs with the Symphony Chorus, around 120 highly skilled singers who regularly partner the Sydney Symphony Orchestra.

Compositions like Wagner’s Götterdämmerung, Handel’s Messiah and Mendelssohn’s Elijah are his passion.

“It’s an incredible privilege to sing at the Sydney Opera House … packed out night after night,” he told Australian Conveyancer.

Not just Sydney … but in earlier years at 40 UK cathedrals including Canterbury and Westminster Abbey.

Now (if we may be excused one pun) Jonathan is singing from a different hymn sheet.

On August 17, he took over from AICNSW CEO Chris Tyler, who is retiring after 10 years in the job.

Born in Tunbridge Wells in Kent, Smithers gained a law degree at Nottingham Trent University, became an articled clerk with CooperBurnett Solicitors and eventually the firm’s Head of Property and Senior Partner.

As noted, he led the Law Society of England and Wales, chaired its Conveyancing and Land Law Committee and was a member of Her Majesty’s Land Registry Rules Committee.

“I was on lots of boards and committees, dealing with regulators, which I thoroughly enjoyed,” he said. “It was very professionally fulfilling to do those things.”

And potentially exhausting. One stint saw four or five overseas trips a year, 200 black-tie dinners, guest speaker at 50.

What brought him to Australia was a chance meeting with the-then Law Society of NSW CEO Michael Tidball.

“Michael suggested I apply for the job of CEO of the Law Council of Australia,” Smithers said.

“I’d been at the same place for a long time. I thought it a fantastic opportunity, I applied and they appointed me.”

He arrived in Canberra with two suitcases in September 2016, beginning 10 years of executive leadership, advocacy and government relations in several not-for-profit organisations.

Fast forward to his new appointment with AICNSW.

“Chris and the team have done a brilliant job over many years; I hope to build on that,” he said.

“When I looked at the operation there were things I’m familiar with … going back to my roots in conveyancing … but marrying that with the skills I’d acquired in the not-for-profit organisation world.”

He intends to spend his first weeks listening to members, the AIC Council and other stakeholders. Tyler is sticking around to help him settle in.

“There are very pressing issues: AML/CTF, regulation, education and qualifications,” Smithers said. “And in the longer term, how new people will be attracted to the profession.”

Pricing

He knows about price-cutting and the risk it poses to business survival.

“From my own experience as a practitioner, if you compete on quality, you will have a sustainable business,” he said.

“If you compete on price, you may have a good business in the short term but not in the long term.

“Because you want clients to come to you as a trusted adviser, not because you’re opportunist.

“That’s an easy thing to say, it’s a hard thing to do. But if you take AML/CTF for example, if the extra work is $100 or $200 a transaction you should be charging for it. And be proud of it.”

Smithers hopes the AIC can not only win the confidence of conveyancers but also engage and inform the wider public.

“If you go to a doctor, a GP, that’s fine,” he said. “A specialist, a consultant will cost more. So, the AIC has a role in educating the public that conveyancers are not just administering a system but exercising professional judgement.

“They are their trusted advisers … not just someone who is putting a bit of information into a PC.”

He agrees with a point made previously in these pages: real estate agents, the government, brokers, even a property stylist makes more from a transaction than conveyancers … and they deserve better.

Media

Communication will be key. Expect more social media, an upgraded website, public speaking, podcast and TV appearances.

Smithers wants AIC to be the trusted voice of the profession.

“That’s something that has to be replenished all the time, to build on and I think that can be achieved.”

AML/CTF

He appreciates the burden of AML/CTF compliance, having been through it in the UK. We’re at a “pain point” now but in time it should become routine practice.

“Is it fair? Well, you don’t want to be acting for people who are laundering money. Who pays for it? The client … and you set your prices accordingly.”

PEXA

He’s well aware of PEXA’s stranglehold on the $300 million e-conveyancing market.

“If you’ve got an effective monopoly, then that’s a matter for government regulation and oversight,” he said.

He’ll be seeking examples of what’s perceived to be wrong and ideas on how it could be done better.

But he hopes AICNSW can be a “critical friend” to PEXA.

“I would hope to build a strong relationship with them, as Chris and others have had, to continue that work.”

Insurance

Another pressing issue is the cost of professional indemnity insurance.

Smithers had already scheduled an early meeting with stakeholders.

“I know that Chris has been involved for many years with insurers, understanding their thinking, and how their risk profiles can be translated back into advice for practitioners. That’s something I expect to carry on with.”

Education

He also expects to continue AICNSW support of tertiary courses for student conveyancers and continuing professional education.

“Someone said to me, a professional qualification is like passing your driving test: only then do you really learn to drive,” he said.

“I know that the AICNSW wants to play a part in that; I hope they’ll be able to.”

Opportunities could include more conferences, events and webinars with CPD points.

Overall, Smithers wants to make these first weeks his own learning experience, consulting closely with AICNSW president Jennie Tonner and other council members.

“I don’t want to be running before I can walk,” he said. “I have to be conscious of bringing people with me on this journey.”

A rehearsal, as it were, for the amateur singer. We can only hope his performance is like Beethoven’s Symphony No. 9: An Ode To Joy.

A word from the AIC NSW president

Jennie Tonner, president of AICNSW, welcomed the appointment.

“Jonathan’s exceptional leadership experience, deep understanding of the legal and professional services sectors, and proven track record of leading respected national organisations make him uniquely qualified to help guide our Institute into its next chapter,” Tonner said.

“This is an exciting time for AICNSW. I look forward to working alongside Jonathan, our Board and our members as we continue to elevate the conveyancing profession to the standard and reputation it deserves.

“Together, we will strengthen the position of conveyancers as trusted professionals and further establish AICNSW as the authoritative voice of conveyancing for industry, peak bodies, government and consumers alike.”

The appointment reflects AICNSW’s ongoing commitment to professional excellence, advocacy, consumer confidence and the advancement of conveyancing as a trusted and respected profession, Tonner added.