Transcript
Other Actors in the Story of Law
How do they support sustainable governance?
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Identify and critically evaluate the legal system’s other legal actors
2The Village Lawyer, c 1621, by Pieter Brueghel the Younger
Origins of the profession
Attorney: to stand in one’s
place
Solicitors (15th C): solicited
info from client
Barrister: oral argument
from the bar
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Fashion in court
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‘Sit down girlie!’‘It would appear that combination of the coloured hair and the patterned tights was thought to have improperly eroticised the Family Court.’
Margaret Thornton, Dissonance and Distrust: Women in the Legal Profession, 225
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Consider the role of the profession in light of…
Adversarial system
Complex legal system
Common law system
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Structure of the profession
Courts
Solicitors
Barristers
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‘Legal practice’
Transactions Advocacy
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Scope of role governed by law
Barristers Conduct Rules 2011, r15
Barristers Conduct Rules 2011, r17
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The path to practice
LLBPLT
(+bar exam)Admission Roll Practising
certificate
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Step 1 Step 2
Step 1: Admission
eligibility
suitability
Admission as a legal practitione
r
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Eligibility: s30, LPA
Person over 18
Approved academic
qualifications
Approved PLT
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Approved academic, practical training
PLT: prescribed practice areas
skills values
knowledge
skills
values
LLB: ‘Priestley 11’
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Suitability: ss9, 31, LPA
Fit and proper person
Good fame & character
Convictions
Charged/investigated
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Disciplinary action
InsolventOther
matters…
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What does this mean for
youas an
individual? As a student?
Admission to practice: take the oath
16https://www.chapman.edu/law/
Step 2
To practise, a lawyer must have a current practising certificate (issued annually)
What does this mean? How does it support the justice system?
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The legal profession
Admission
Solicitors
Barristers
lawyers
+ practising certificate
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Legal practitioner
Solicitors’ skills include
Drafting Advocacy Negotiation
Interviewing Problem solving Management
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Barristers’ skills include
Advocacy Research
Dispute resolution
Problem solving
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(One) career path
Articles
•Commercial law rotation
•Property law rotation
Solicitor – private practice
•Property law (metropolitan)
•Move to regional practice
•Community legal service
•Start LLM (property law)
NGO
• Native title practice
• Start lecturing property law
• Service roles
Academic
• Start PhD (property law)
• Service roles
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Career trajectory for women?
60%
Law graduates
45%
Profession 1-5yr PAE
20%
Partners
<10%
Silk
22Figures taken from various Australian sources, 2011-2013
Regulation of the profession
Profession
Court
ParliamentProfessional bodies
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Professional ethics
A professional exercises judgment in the performance of occupational tasks and follows relevant professional standards.A code of ethics...prescribes how professionals are to pursue their common ideal so that each may do the best they can at a minimal cost to themself and those they care about (including the public...).
24http://ethics.iit.edu/teaching/professional-ethics
The legal practitioner’s paramount duty is to the court
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Ipp J, 'Lawyers' Duties to the Court' (1998) 114 Law Quarterly Review 63
general duty of disclosure owed to the court
general duty not to abuse the court's process
general duty to conduct cases efficiently and
expeditiously
general duty not to corrupt the administration of
justice
Paramount duty to the
court
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Regulation of the profession
Traditional - autonomy
Entry
Self-regulation• ‘Caesar Judging Caesar’• Suitability vs
competence
Fiduciary, other equitable obligations
Contemporary - responsive
Consumer care, quality•Negligence•Contract
Consumer complaints•Grafted to disciplinary controls
Consumer empowerment•disclosure
Competition
27From: Christine Parker, ‘Regulation of the Ethics of Australian Legal Practice: Autonomy and Responsiveness’ (2002) UNSWLJ 676
OTHER LEGAL INSTITUTIONS AND ACTORS
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Commission of Inquiry(Royal Commission)
Wherever a commission of inquiry is issued by the Governor, by and with the advice of the Executive Council of this State, under the Governor’s hand and the public seal of the State, the provisions of this Act shall apply to and with respect to the inquiryCommissions of Inquiry Act 1950 (Qld)
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Commissions of inquiry
Statute (parli) establishes authority
Different frame of
reference; rules of
evidence, than court
Commissioned by
executive
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Commission of inquiry
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Royal Commission into Institutional Responses to Child
Sexual Abuse
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http://www.childabuseroyalcommission.gov.au/
Law Reform Commission: at request of A-G:
Research Consultation Legal policy
Align law with contemporary
needs
Access to justice
Remove defects in law
Simplify law
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Who is the Attorney-General?
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A
DC
B
F
E
H G
Attorney-General’s portfolio (cth)
A-G (executive)
Security, law enforcement
Criminal intelligence &
info
Legal services, courts,
tribunals
Regulation & reform
A-G’s Dept Solicitor-General
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See portfolio agencies: http://www.ag.gov.au/About/Pages/Portfolioagencies.aspx
First law officer
Second law officer
Justice agencies (Qld)
Statutory agencies eg
Anti-Discriminatio
n Commission
DPP Crown Law
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Does the media play a role in governance? In legitimacy?
Fitzgerald Report (1989)Consider the role of the media in governance and legitimacy of governance. Why is media ownership regulated in Australia? Since the Fitzgerald Inquiry, new media have changed the landscape significantly. What does this mean for governance?
http://www.austlii.edu.au/au/journals/CommLawB/1989/15.pdf
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Review: what role do they play?
Profession
Professional
regulation
Inquiry
Law Reform Cmsn
Attorney-General
Crown Law
DPP
Media
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Slide Image
22 (image 4)
http://www.smh.com.au/nsw/margaret-cunneens-icac-challenge-tests-limits-of-powers-20141104-11gu29.html Photo: Wolter Peeters | Image indicative only
31 http://www.abc.net.au/news/2015-05-05/qld-premier-announces-commission-of-inquiry-into-lockyer-valley/6445526
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