LLB197 Lecture 1: Week 1 – An Introduction to Lawyers and Legal Education in Australia
1
Week 1 – Chapters 1 & 2
Chapter 1 – Lawyers
What do lawyers do?
Coo oeptio o laes ole:
• Distorters of truth – misunderstanding, the role is to represent the client not find the
tuth o justie
• The lawyer as sorcerer – use of legal jargon confuses the layperson and creates an
image of superiority
• Lawyers as paper generators
• Lawyer as a hero
Stereotypes:
• Aiding rich and powerful to evade the law
• Overcharging
• Eeise otol oe the liets ase making them powerless
• Part of an elite
• Dot eflet the soio-economic, ethnic or gender balance of the community
• Come from affluent backgrounds
• Predominately Anglo/Celtic in origin
• Mostly male
No geeal defiitio of lae
• Australian Bureau of Statistis: legal patitioes o ualified laes okig i
the legal seies idust
• Broader definition: a person who has graduated with academic qualifications in law
in one of the courses which form one of the qualifications of becoming a member of
the legal profession. The possession of a law degree
Pearce Report 1986 – first survey of law graduates:
• 92% were employed
• 58% worked as lawyers in private practice
• 14% worked as lawyers in industry, government or community legal services
• 13% were in other work of a legal nature
• 15% working in a non-legal nature
Since the Pearce Report:
• another 26 law schools have been established
• more people are using their law degrees in professions other than practicing law
• number of law graduates has doubled in the past decade – more than 12,000 in 2012
• 70% employment rate
find more resources at oneclass.com
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What’s i a ae?
All juisditios eept “A o defie a lae as a peso aditted to the Austalia
legal pofessio. Eah juisditio has its o legislatio fo ules for admission to the
pofessio. The appliat fo adissio the eoes a lae he aditted to patie
pursuant to the relevant legislation
Whe aditted the eoe a legal patitioe hih etitles the to ok as a
aiste o soliito
What is legal work?
• Refers to work done by legal practitioners as barristers and solicitors
• Advise and represent clients for fees for service
• Pole solig: esole a dispute, iestigate a lai, aoid a disadatage,
recover a loss or compensation, negotiate a settlement or agreement, draft a new
document, assist a client to manage personal or financial affairs
Influence of lawyers in society (text pg 19)
• uphold rule of law in the defence of a just and democratic society
• promote interests of clients
• utilise the law and legal system
• mindful of concurrent responsibilities to the legal system, courts, clients within an
ethical and moral framework to preserve integrity
• represent clients who may otherwise not have access to justice e.g. unpopular
clients, pro bono work
• submitting or arguing for change to reform unjust laws
• assisting people to comply with the law
• providing information to public and clients about the law and citizens rights and
responsibilities
• Professional AND social role
• Development of public policy, drafting legislation, scrutiny of the law
• Can become community watchdogs e.g. journalists
• Academic lawyers → research encourages scrutiny of the law → establishment of
Law Foundations in the 1980s
• Academic lawyers → teach students
Duties of a lawyer
• duty to the client
• duty to advise
• duty of competence and care
• duty of loyalty
• duty to account
• duty to the Court
• duty to administration of justice
• duty to the profession
• duties to third parties
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
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