Elit Lawyers by McGirr & Snell

For the last (nearly) four years, we have continually adjusted our tenancy to support our team’s growth. In what truly felt like a "pinch ourselves" moment, we realised for a third time the need to take on more space at Level 40, 140 William Street.

This wasn't just a physical expansion but a testament to our commitment to providing the best possible workspace for our staff, where innovation and teamwork can thrive.

We are immensely proud of how far we've come and incredibly grateful for the hard work and dedication of our team, which has made this growth possible.

As we settle into our new space, we look forward to continuing to deliver exceptional service to our clients and embracing new opportunities for growth and development.

Cheers to more milestones and continued success!

Recognition has come a long way since Danielle Snell was a junior lawyer.

"Back then, it meant being trusted with significant work or being included in important discussions," says Danielle.

"Today, it’s clear that recognition needs to be more immediate and tailored to truly make an impact."

Gallup's research shows that only one in three workers strongly agree they’ve received recognition or praise in the past week. Yet, those who do feel recognised are twice as likely to stay with their employer. This highlights just how critical timely and meaningful recognition is in today’s workplace.

At Elit, we’re blending traditional recognition with fresh ideas to provide a safe space where our team can grow and develop in ways that align with their goals and values. As part of this commitment, we’re exploring the implementation of 360-degree, real-time positive recognition (something we’re excited to share more about soon!).

Evolving with the needs of our people is essential to finding the right balance that keeps our workplace connected and our team thriving.

We’d love to hear your thoughts - how does your workplace recognise its employees?

Our team from Elit Lawyers had a fantastic time attending the KordaMentha Forensic Winter Drinks event! It was a wonderful evening filled with insightful conversations, networking opportunities, and a chance to connect with industry peers.

Embracing technology solutions continues to be at the heart of our firm.

KordaMentha recently assisted us with e-Discovery for a large case, helping to streamline the document management process. E-Discovery achieves a faster document review process for our firm and the barrister, resulting in significant cost savings for our client.

A big thank you to KordaMentha for inviting our team to attend. We look forward to future collaborations and continuing to build strong professional relationships.

Are you an experienced Legal Assistant looking for a new and exciting job opportunity? Or know someone who is?

We are : Senior Legal Assistant [experience min. 6 years legal experience, ideally in litigation].

The details:

⚖️ thorough knowledge of Court and litigation processes
⚖️ experienced with practice management software
⚖️ self-motivated and reliable with a strong work ethic and attention to detail
⚖️ attractive renumeration
⚖️ collaborative & friendly team environment
⚖️ immediate start
⚖️ remote and hybrid working options available

About us

Elit Lawyers by McGirr & Snell was co-founded in October 2020 by industry leading litigators, Danielle Snell and Robert McGirr.

Our practice is predominantly focused on commercial litigation, insurance litigation, media law, wills and estates, family law and employment law. We represent a broad range of clients and are known for acting in multi-party proceedings.

We are proud to have a supportive, friendly and close-knit team who all embrace the firm’s commitment to diverse working practices.

Our firm is passionate about Diversity, Inclusion and Equality in the legal sector and challenging the traditional law firm model in order to provide a more authentic and transparent legal service to our clients.

Want to find out more? Connect [confidentially] with Haley Andronis at [email protected].

Please include both a cover letter addressing your experience and resume with referee contact details.

Truly understanding our clients goes beyond phone calls and emails.

During a recent trip to Sydney, Danielle and Rob had the privilege of visiting Leo Lin at his new head office.

Exploring his breathtaking collection was a reminder of the importance of creativity, attention to detail, and taking the time to deeply understand our clients' business operations, successes, and challenges.

In litigation, building personal connections and trust is crucial. It enables us to advocate effectively with tailored strategies that meet each client's unique needs.

We are grateful for our enduring friendship with Leo and the clients who embrace us as part of their companies. These relationships enrich our professional work and enhance our approach to litigation.

Mark Di Donato has made himself right at home at Elit Lawyers!

We recently welcomed Mark into our expanding team as an Associate Lawyer. Mark gained a deep understanding of Family Law during his formative years and is now looking forward to expanding his knowledge further, practising within the broad spectrum of civil litigation.

Mark directly communicates with clients and represents them in multiple jurisdictions, including state tribunals, the Victorian (and at times interstate) jurisdiction and the federal jurisdiction.

⚖️ Tell us about your career journey so far and what led you to Elit Lawyers?

I began my legal career in specialist family law firms, but after four years I was eager to expand my horizons into civil litigation. The opportunity to learn from the diverse expertise of Danielle, Rob, and Aggie, with their strong reputations, made Elit Lawyers the perfect next step in my journey.

Since joining I’ve worked on various civil litigation cases, including insurance disputes and defamation matters. I am pleased to also continue working in family law and apply and develop my skills in this area.

⚖️ Tell us about the Elit Lawyers difference. What makes Elit standout from the traditional law firms around the country and the world?

Elit Lawyers understand the role of social media in daily life and the need for efficient, cost-effective access to information.

In my experience law firms shy away from posting on social media. Daring to be different, Elit takes a proactive approach and actively shares high-quality content, like case notes, articles, and podcasts on their website, LinkedIn, and Instagram.

⚖️ Outside of work, what do you love to do, and where would we find you?

Outside of work, I serve as the treasurer and young lawyer representative for the Northern Suburbs Law Association.

I love socialising and travelling, whether it's local trips to the Mornington Peninsula or Yarra Valley, or supporting the Carlton Football Club as a MCC member.

Be honest - do you eye roll when you see a lawyer being self-promotional?

Don’t worry if you do, it’s still surprisingly common! And it made us ask.. Why is this?!

Danielle Snell and Robert McGirr recently joined Jerome Doraisamy on the Lawyer’s Weekly Show podcast to discuss "Self-promotion and the modern lawyer." Together they delved into an age-old stigma and explored how lawyers can balance self-promotion in today's environment to stand out and confidently promote their services and skills.

Born out of the COVID pandemic Elit Lawyers by McGirr & Snell was inspired to harness social media in innovative ways, allowing the firm and it's lawyers to connect and collaborate with peers and clients like never before. This unique approach enabled us to cut through the noise and thrive during challenging times.

Despite its evident benefits, we've encountered resistance within our community to embracing self-promotion.

During the podcast, we discuss:

🎙 The necessity of self-promotion for modern law firms to stand out in a competitive market and attract clients.

🎙 Becoming thought leaders and experts, building recognition, reputation, and brand.

🎙 Levelling the playing field for boutique firms against BigLaw.

🎙 Balancing self-promotion with providing valuable content without appearing overly self-serving.

🎙 First steps for lawyers beginning their promotion journey and the investment of time required.

We invite you to listen to our full discussion on the Lawyers Weekly Show podcast and join us in this important conversation about modernising our profession.

Listen to the full episode via our link in bio.

Earlier this month, Robert McGirr visited the Melbourne office to meet our new starters and student placements face-to-face.

When asked about Elit's flexible working policy, Rob shared, "COVID brought unexpected opportunities."

"After Danielle asked me to consult on a litigation matter in 2020, we discussed the benefits of these new ways of working and decided to start our own firm with a mission to challenge the status quo, embrace flexible work, and empower teams."

Due to the ever-changing climate, Danielle and Rob adopted systems that faciliated working remotely whilst maintaining a collaborative culture and delivering outstanding client service. These systems continue to support our team today and make our working style highly attractive to potential employees.

"After 24 years of practising in a Melbourne CBD office, embracing flexible work has been a game changer," Rob explains.

"Post-COVID flexibility allows me to continue my 46-year career, no matter where I am. Now, I move as needed and use technology to maintain seamless communication, keep client relationships strong, and continue delivering exceptional client service."

We were delighted to welcome Keiran Bull into our team for his first week of placement with Elit Lawyers.

Keiran shared that his time at Elit was both refreshing and rewarding, giving him the chance to develop essential legal skills that will benefit his future career.

We asked Keiran to share some reflections on his time with us:

"During my first week on placement, Elit Lawyers provided me with a number of interesting and engaging opportunities within the legal workplace. Their unique structure made every day exciting."

"I had the opportunity to witness a determination hearing at the Fair Work Commission and see first-hand how parties go through the court process. Sitting in on this determination was a rare and beneficial experience that I am grateful to have been included in."

Keiran particularly enjoyed tasks that integrated him into the daily work cycle, allowing him to feel like a true part of the team. He also appreciated the hands-on approach and the chance to get a close look at court operations and the preparatory work lawyers undertake.

Keiran highlighted how accessible and supportive the Elit team was, always available to answer questions and offer guidance. He said, "Due to the close-knit nature of the team, there was always someone nearby who was open to assisting me. The team also guided me by giving me advice on what I should do going forward to most greatly benefit my legal career."

Keiran's week also included preparing a case note and taking advantage of opportunities to sit in with barristers, gaining greater insight into their roles.

We are excited to see Keiran continue to grow in his legal career and are thrilled to be part of his journey.

Marking the end of another financial year, the Partners hosted the Elit team for a mid-year dinner at Daughter In Law in Melbourne.

We began the evening at the office with a champagne toast, reflecting on our journey from two laptops and remote workspaces to our growing team together in the office. At our banquet dinner, we connected with both new and long-standing team members and enjoyed the pleasure of Toni Di Fiore joining us for one last dinner before her retirement from the law.

Our passion for the law shines through our work, network outreach, and client interactions.

We appreciate our team’s dedication to providing an outstanding client experience and unwavering support from the outset to the conclusion of each case. The positive feedback our firm receives is a testament to their hard work and our reputation in the legal conflict space.

It’s been an exhilarating start to the year, and we are excited about the key developments on the horizon at Elit Lawyers by McGirr & Snell.

Last month’s Supreme Court decision in Princess Theatre Pty Ltd & Ors v Ansvar Insurance Limited [2024] VSC 363 offers significant insights into business interruption claims arising from the COVID19 pandemic.

Australia’s largest privately owned theatre companies sought indemnity from Ansvar Insurance Limited for losses sustained as a result of theatre closures during the COVID pandemic.

The Court found that the Ansvar policy applied across two periods and an infectious disease sublimit of $500,000 applied to each venue separately. The total indemnifiable loss was determined to be $816,005 under the first policy and $2,000,000 under the second policy.

Our team has prepared a case note about this recent case, exploring:

⚖️ how the specific wording of each policy is critical and distinct and will be interpreted on a case by case basis;

⚖️ the challenges associated with rectification claims and the need to prove common intention of the parties;

⚖️ the complexities of quantification of loss which in this case was closely aligned with the basis of settlement in the subject policy.

At Elit Lawyers by McGirr & Snell, we fight for fair treatment and maximum recovery for policy holders.

If you have concerns about your business interruption insurance or need expert advice on insurance policy interpretation, contact us personally.

Danielle Snell, Managing Partner & Co-Founder | [email protected] | 0401 812 885.
Robert McGirr, Partner & Co-Founder | [email protected] | 0413 944 023.
Mark Di Donato, Associate | [email protected] | 03 9098 8646.

See the link in bio to read the full article.

Congratulations to Toni Di Fiore on a well-deserved retirement from the law after more than 30 years in litigation.

When Danielle and Rob co-founded Elit Lawyers by McGirr & Snell, Toni to join our team and be part of our vision. Given our firm’s commitment to supporting individuals at all stages of their careers, Toni was welcomed in a part-time capacity as she transitioned into retirement. Her enthusiasm for our vision and her willingness to join us and mentor our staff were pivotal in our journey. Her dedication and kindness will be missed.

As you embark on this new chapter, filled with family, music, dancing, and travel, we hope you reflect fondly on the legacy you leave in the law, the achievements you had, and the wonderful people who were proud to work with you.

Thank you, Toni, and congratulations on a remarkable legal career.

If your insurance doesn’t cover a loss you or your business has suffered, or if your insurer has declined your claim, it may be due to insurance broker negligence.

Insurance brokers owe policy holders a duty of care to properly ‘ask and advise,’ ensuring you have adequate coverage tailored to your needs.

This was evident in the Federal Court of Australia case, PC Case Gear Pty Ltd v Instrat Insurance Brokers Pty Ltd (in liq) [2020] FCA 137. In this case, the broker was found negligent for failing to understand their client’s business risks and not advising that the professional indemnity insurance taken out wouldn’t cover copyright infringement.

Our team has prepared an article that delves into the issues of insurance broker negligence, addressing:

⚖️ The Failings by the Insurance Broker: A detailed analysis of how the broker breached their duty by not making adequate enquiries into the nature of the client's business risks, leading to gaps in coverage for crucial areas such as copyright infringement.

⚖️ Causation Issues: An examination of how the court established a causal link between the broker's negligence and the client's losses, demonstrating that proper advice would have resulted in adequate coverage.

⚖️ Onus on the Policy Holder to Prove Negligence: Insights into the responsibility of policy holders to prove that alternative insurance cover would have been available and how their own actions can impact the success of a negligence claim.

At Elit Lawyers, we advocate for fair treatment and strive for maximum recovery in insurance-related matters.

If your insurance broker has been negligent or you have a client who needs to litigate against their insurer but you are conflicted from acting in that matter, contact us personally.

Danielle Snell, Managing Partner & Co-Founder | [email protected] | 0401 812 885.

Robert McGirr, Partner & Co-Founder | [email protected] | 0413 944 023.

See the link in the comments to read the full article.

We represented the Marriner Group in the Supreme Court of Victoria case of Princess Theatre Pty Ltd & Ors v Ansvar Insurance Limited [2024] VSC 363 where the insurer was recently found liable to pay out COVID-19 business interruption losses under an industrial special risks policy.

Marriner Group’s primary argument was that no sub-limit existed and that the insurer was obliged to indemnify it for $20m. The insurer sought to exclude cover entirely or apply an aggregate sub-limit of $500,000 across each of the two policy periods.

The Court ultimately found that the policy did respond and the insurer liable to pay $2.8 million plus costs and interest to be determined.

The case can be read here:

Princess Theatre Pty Ltd & Ors v Ansvar Insurance Limited [2024] VSC 363 (25 June 2024) (austlii.edu.au) (https://lnkd.in/gN957sAj)

The case is also summarised in Insurance News:

https://lnkd.in/gpwkwNqk

With client expectations focused on cost-effective and efficient management, Robert McGirr highlights the importance of embracing technology.

"Modern communication is instantaneous, and clients expect immediate action,” says Rob. “Adopting technology that leads to efficient management of client matters is crucial.”

“In my practice, technologies such as Teams video conferences and AI creating meeting transcripts are invaluable,” he says.

Rob notes that firms and Courts are understandably skeptical of the reliability and accuracy of AI-generated documents and submissions. At Elit, he advises younger lawyers to use approved AI tools wisely and apply their own skills and learning. “Balancing traditional legal skills with modern technology is crucial. You can't rely solely on a document you didn't produce, and Courts now require lawyers to declare if they've used AI in any documents or submissions."

Modern trials demand familiarity with electronic document creation, management and exchange of critical documents. “Law students today are confident in managing technology and creating perfectly set-out documents. For me, it is certainly easier now to manage large volumes of documents with e-briefing technology and Court books," Rob notes. "At Elit, we try to be hard copy-free, but I sometimes prefer hard copies for efficiency and ease of reference."

"Embrace change because it can lead to beneficial outcomes,” reflects Rob.

“Balancing traditional legal skills with modern technology is essential for the future of the legal profession. While AI and other technologies present challenges, they also offer opportunities to improve efficiency and outcomes in legal practice. The key is to integrate these tools thoughtfully and responsibly.”

"The one thing that I realised early on in the law, embrace change or it'll run over you like a bulldozer,” says Robert McGirr.

Reflecting on the significant technological innovations in the legal field, Rob recalls, "When I started law in 1978, we had manual typewriters and no photocopiers. Making multiple copies required using chemicals with a mimeograph or stencil machine," he says. “When photocopiers did become common place and low cost duplicating machines, they quickly became the hardest worker in any legal office.”

Other significant changes Rob has witnessed and integrated into his practice include the introduction of IBM electric typewriters, computers, electronic resources, and company precedents. “Back then, you'd draft a statement of claim, get it typed out by your secretary.”

"Research was all about books. There were no online resources. You'd go to a library or buy the relevant text. Looseleaf services came later, followed by electronic resources.”

Now, more than 46 years into legal practice, Rob continues to embrace change in whatever form it takes. “COVID was a huge disruptor and of necessity brought about significant changes. It presented opportunities to reinvent ourselves and the industries we work in,” says Rob.

“We were able to survive and continue, albeit differently.”

The Supreme Court of Victoria has taken a progressive step by encouraging solicitors to better understand the use of AI technology in litigation.

The Court’s newly published guidelines outline the efficient use and limitations of AI, emphasising that while AI can significantly reduce legal costs and save time, the responsibility for accuracy remains with parties and solicitors.

In our article (link below), our team summarise the key parts of the guidelines including the importance of data privacy and security when using AI and maintaining transparency by disclosing theuse to other parties. The guidelines also stress that traditional legal obligations, such as the duty of candour, must still be upheld.

Elit Lawyers by McGirr & Snell is a proud leader of technological innovation in boutique law, emphasised through utilisation of boutique and bespoke IT solutions, eDiscovery tools, and integration of responsible AI. Our firm is driven to continue to provide market leading solutions to support clients through their litigation journey with efficiency, transparency and value.

Let me know in the comments what you think about the use of AI in Litigation, and these early steps taken by the Courts.

Supreme Court of Victoria Opens Discussion on AI in Litigation - Elit Lawyers Discover how the Supreme Court of Victoria's new guidelines on AI in litigation align with the Elit Lawyers commitment to modernising legal services.

Elit Lawyers recently managed a complex litigation case involving nearly 15,000 documents. Initially disorganised and non-sequential, these documents required thorough indexing and review by our firm and key stakeholders.

Recognising the substantial volume of documents, our team sought an efficient and cost effective solution. We engaged an e-Discovery consultant to create a chronological hyperlinked index and establish secure data storage for easy access by all stakeholders.

This approach not only streamlined the document management process but also contributed to sustainability efforts by reducing the need to print 16 volumes of documents.

Elit Lawyers remains committed to delivering efficient and responsible legal services. By leveraging eDiscovery technology, we achieved a faster document review process for our firm and the barrister, resulting in significant cost savings for our client.

Reflecting on her time acting for the Legal Practitioners Liability Committee and handling professional negligence claims, Danielle comments that AI may sometimes act as a safeguard for lawyers given AI's comprehensive record keeping mechanisms. ​
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"Using AI in this way assists busy practitioners to more easily meet their professional obligations and ensures legal files comprehensively reflect legal activity and developments. Clients also benefit from the reduction in manual and administrative tasks, with time spent focused on strategy."​
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One of the few boutique firms trialling responsible AI, technology in litigation is not a new concept to Danielle. ​
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During the COVID19 pandemic, Danielle was running multi-million-dollar litigation cases from her dining room. She recognised divide between firms embracing innovation and those hesitant to adapt; as well as how technology could revolutionise the legal industry, streamline professes and improve client outcomes.​
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This insight led to her co-founding Elit Lawyers by McGirr & Snell, a firm built on innovative legal service models that prioritise clients.​
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Danielle's first steps into legal tech involved collaborating with IT experts to develop solutions that promoted transparency and accountability. The resulting suite of technology features a 24/7 web-enabled client portal and in-house e-discovery tools, streamlines collaboration and access to litigation documents for clients and stakeholders. This centralised approach saves time and money by providing real-time information and empowering clients with control over their cases, promoting smarter decision-making, efficiency, and guidance.​
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Looking to the future, Danielle and her firm will continue to embrace AI and other technological advancements to support legal practice. ​
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“AI will never replace the personal approach clients value, but it will enhance how we deliver our services,” she said. By staying at the forefront of legal innovation, Elit Lawyers is committed to delivering outstanding client service and creating exceptional value."