LLB197 Lecture Notes - Lecture 3: Arthur Andersen, Fiduciary, Nsw Law Reports
Week 3 – Admission to the Profession
Law Society Statement of Ethics
• The true profession of law is based on an ideal of Honourable service
• We acknowledge the role of our profession in serving our community in the
administration of justice
• We recognize that the law should protect the rights and freedoms of members of
society
• We understand that we are responsible to our community to observe high standards
of conduct and behaviour when we perform our duties to the courts, our clients and
our fellow practitioners
• Our conduct and behaviour should reflect the character we aspire to have as a
profession
Profession v business
A tade o business is an occupation or calling in which the primary object is the pursuit of
pecuniary gain. Honesty and Honourable dealing are, of course, expected from every man,
whether he be engaged in professional practice or in any other gainful occupation. But in a
profession, pecuniary success is not the only goal. Service is the ideal and the earning of
remuneration must always be subservient to the main purpose
- Street CJ in Re Foster (1950) 50 SR (NSW) 149 at 151
Decline in professionalism?
The past decade or so, in particular, has witnessed various expressions of concern regarding
the practice of law losing its historical tenets of professionalism, in favour of a purely
business model...Today, it seems, the desire for money by members of the legal profession,
ad the use of oey to gauge a perso’s ultiate suess as a layer, has for ay see
the profession transform into little ore tha a usiess”.
- Gio Dal Pot, Ethis: Beatig ak afflueza LIJ , .
Basic ethical values for professionalism
• An ethic of excellence (competence)
• An ethic of integrity (confidentiality)
• A respect for legal system/law
• A respect for other lawyers
• A commitment to accountability
• A responsibility for adequate legal services
Statistics
• 71,509 practising solicitors in Australia as at October 2016
- 70% in NSW and VIC
• 6005 barristers in 2015
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Legislation:
• Legal Profession Uniform Law Application Act 2014 (NSW) & (Vic)
• Legal Profession Uniform Law (NSW) & (Vic)
Uniform Law and related rules
• Legal Pofessio Uifo La N“W the Uifo La
• Legal Profession Uniform Law Application Act 2014 (NSW)
• Legal Profession Uifo La Austalia “oliitos Codut ‘ules the Uifo
Codut ‘ules “oliitos
• Legal Pofessio Uifo Codut Baistes ‘ules the Uifo Codut
‘ules Baistes
• Legal Pofessio Uifo Adissio ‘ules the Uifo Adissio ‘ules
• Legal Pofessio Uifo Geeal ‘ules the Uifo Geeal ‘ules
NSW Legislative Framework
• Legal Profession Uniform Law (NSW)
• Legal Profession Uniform General Rules 2015 (NSW)
• Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015
Two distinct branches – Solicitor and Barrister
S 6(1) Uniform Law – Austalia legal patitioe eas a Austalia lae ho holds a
current Australian practising certificate (see pp. 62-66 text)
Requirements for practice – Law Society and Bar Association
• Grant practising certificates
• Represent their members
• Regulate the profession
• Educate their members
• LS administers the Public Purpose fund
Who a proide legal series?
• "Australian lawyer" means a person admitted to the Australian legal profession in
this jurisdiction or any other jurisdiction;
• "Australian legal practitioner" means an Australian lawyer who holds a current
Australian practising certificate;
• "legal services" means work done, or business transacted, in the ordinary course of
legal practice;
• All from s 6(1) (definition section) Uniform Law
• Therefore, only lawyers in practice (i.e. hold a valid practising certificate) may
provide legal services
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S 10 Uniform Law
ualified etit eas:
• An Australian legal practitioner; or
• A law practice
S 6 Uniform Law
Becoming a lawyer
Admission – Compliance Certificate
10 Prohibition on engaging in legal practice by unqualified entities
(1) An entity must not engage in legal practice in this jurisdiction, unless it is a qualified entity
Penalty: 250 penalty units or imprisonment for 2 years, or both
(2) An entity is not entitled to recover any amount, and must repay any amount received, in respect of
anything the entity did in contravention of subsection (1). Any amount so received may be recovered as a
debt by the person who paid it
(3) Subsection (1) does not apply to an entity or class of entities declared by the Uniform Rules to be exempt
from the operation of subsection (1), but only to the extent (if any) specified in the declaration
S 6(1) Uniform Law – Admission
(a) admission by the Supreme Court of a participating jurisdiction as a lawyer (however expressed), whether
before, on or after the commencement of this Law in that jurisdiction; or
(b) admission by the Supreme Court of a non-participating jurisdiction as a lawyer, a legal practitioner, a
barrister, a solicitor, a barrister and solicitor, or a solicitor and barrister, whether before, on or after the
commencement of this Law in any jurisdiction, otherwise than by the grant or issue of a practising
certificate
19 Compliance certificates
(1) A person may apply, in accordance with the Admission Rules, to the designated local regulatory authority
fo a opliae etifiate if the peso poposes to e aditted i this juisditio…
(2) The designated local regulatory authority may require an applicant for a compliance certificate to provide
further information to it within a specified time
(3) The designated local regulatory authority may issue and provide to the Supreme Court a compliance
certificate stating that the applicant has satisfied it that he or she-
(a) has satisfied the specified academic qualifications prerequisite and the specified practical legal
training prerequisite (or is exempted under section 18); and
(b) is a fit and proper person to be admitted to the Australian legal profession (as referred to in section
17(1)(c)).
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Document Summary
Profession v business (cid:862)a t(cid:396)ade o(cid:396) business is an occupation or calling in which the primary object is the pursuit of pecuniary gain. Honesty and honourable dealing are, of course, expected from every man, whether he be engaged in professional practice or in any other gainful occupation. But in a profession, pecuniary success is not the only goal. Service is the ideal and the earning of remuneration must always be subservient to the main purpose(cid:863) Street cj in re foster (1950) 50 sr (nsw) 149 at 151. Gi(cid:374)o dal po(cid:374)t, (cid:862)ethi(cid:272)s: beati(cid:374)g (cid:271)a(cid:272)k afflue(cid:374)za(cid:863) (cid:894)(cid:1006)(cid:1004)(cid:1004)(cid:1009)(cid:895) (cid:1011)(cid:1013) lij (cid:1011)(cid:1013), (cid:1011)(cid:1013). Basic ethical values for professionalism: an ethic of excellence (competence, an ethic of integrity (confidentiality, a respect for legal system/law, a respect for other lawyers, a commitment to accountability, a responsibility for adequate legal services. Statistics: 71,509 practising solicitors in australia as at october 2016.
