Australia’s recent decision to deport Novak Djokovic before the Australian Open generated worldwide attention and passionate debate. Djokovic, the world’s top-ranked male tennis player, attempted to enter Australia to play the tournament claiming an exemption to Australia’s requirement that visitors entering the country be vaccinated from COVID-19. Djokovic was taken into custody by the Australian Border Force when he arrived at the Tullamarine Airport in Melbourne. An initial court hearing ensued, and Djokovic’s visa was reinstated due to procedural errors that occurred at the airport. Shortly thereafter, Australia’s Immigration Minister, Alex Hawke, canceled Djokovic’s visa for a second time on the basis that cancellation would serve the public interest. A second hearing was held, viewed by more than 86,000 people on YouTube, and the Australian Federal Court upheld Hawke’s decision. Djokovic, a nine-time Australian Open champion, is currently facing a three-year ban from entering Australia.
As an avid tennis fan who previously attended the Australian Open, I followed the legal proceedings with high interest. In particular, I noted that Djokovic incorrectly stated on his visa form that “he had not traveled in the 14 days before his flight to Australia, despite being seen in Spain and Serbia in that period.” Rather than taking responsibility for the blatant error contained in his visa application, Djokovic blamed the error on his support staff, stating, “My agent sincerely apologizes for the administrative mistake in ticking the incorrect box.”
Undoubtedly, Djokovic, one of the world’s best-known athletes, is busy. Nonetheless, completing a visa application, particularly for a country such as Australia known for its strict border entry requirements, should not be wholly delegated to staff without oversight or review. Djokovic’s failure to review his own visa application also has implications for the attorney-client relationship. The success of that relationship depends, in part, on the client’s level of engagement. Suppose a client assumes that all draft legal documents are perfectly fine, and casually accepts everything the lawyer provides without review or question? In that case, that relationship is likely to achieve flawed results. Lawyers make mistakes. Clients can inadvertently provide incorrect information to their attorneys or, conversely, attorneys can misunderstand information provided by clients. In other words, both attorneys and clients are humans. If a client fails to engage with the attorney actively and fails to review pertinent documents prior to signature, a Djokovic-like error can occur in a will, trust, or a purchase and sale agreement for a small business – perhaps with disastrous consequences.
Rather than assuming your lawyer “will just handle it,” similarly to Djokovic assuming his agent would handle his visa application, by fully engaging in the process, your relationship with counsel has a much greater likelihood of achieving success.
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