LLB197 Lecture Notes - Lecture 4: Indemnity, Netcat, Nsw Law Reports
Week 4 – Regulation and Discipline
Chapter 6 – The Delivery of Legal Services
Law Society and Bar Association
• Grant practising certificates
• Represent their members
• Regulate the profession – professional rules
• Educate their members
Regulation and deregulation
Conventional and ethical framework rules:
1. Clear division between the work of barristers and solicitors; solicitors having limited
rights of appearance in superior courts
2. Whe a seior arrister Quees Cousel is riefed, there must also be a junior
barrister briefed. Junior barristers fee is fixed at two-thirds of that of the QC
3. Barristers fixed their own fees
4. “oliitors fees ere fied aordig to sales e.g.:
- For an attendance: $15
- For perusing a document – per folio (72 words): $10
- For drafting a letter – per folio: $15
5. “oliitors eret peritted to adertise that the ould proide loer fees tha
the scales
6. “oliitors eret peritted to adertise at all
7. ‘eueratio fro legal ork ouldt e shared ith others
8. Legal firms were run as sole practitioners or partnerships
1980s – deregulation – efficiency and cost effectiveness:
• Introduction of state-provided legal aid
• Technology – expansion of intellectual property and communications
• Commercial activity expansion – banking and finance, international trade and
investment
• Government regulation in property development led to new areas of practice in
natural resources and environment planning law
Government inquiries began into the structure and regulation of the legal profession
• Trade Practices Commission Report: The Professions – Legal
• Report Commissioned by the Attorney-General: Access to Justice – An Action Plan
• La “oieties took reoedatios of these reports o oard i the s.
reforms introduced:
1. Abolition of fixed/scale fees, except in the area of party/party fees in litigation:
▪ Negotiate fees in advance, more flexibility, promoting competition
between firms
2. Introduction of flexible costing regime necessitated the removal of restrictions
on advertising
3. Marketing beyond mere advertising
4. Aolitio of the diided professio – NSW 1993 – common admission for all
legal practitioners
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5. The eed to rief a juior arrister ith seior is aolished as ell as the to-
thirds fee
6. Establishment of independent investigative and disciplinary regimes
7. Regimes for complaints and disciplines – Uniform Law
Changes in the nature of legal practice
Emerging areas:
• Broader resolution of land rights and other indigenous issues
• Proisio of plai Eglish iforatio to assist consumers of the legal profession
• Increasing public demand of transparency in government
• Increase in lawyers share of company, commercial, financial and tax practice
• Industrial law
• Media/communications law
• New forms of property law – industrial/intellectual
• Health/medicine malpractice law
• Law and the ageing population – superannuation and financial counselling
Technology
• Practitioners rely on computerized systems
• Electronic filing
• Teleconferencing/videoconferencing enable courts to hear from people when they
cannot be in the court room – no delays
• Eletroi oeaig
• expansion of private international law, defamation law, e-commerce
• confidentiality and professional misconduct relating to social media
• threat of integrity to juries
The changing paradigms of legal services delivery → text pg 130
Chapter 11 – Conduct, Complaints and Discipline
Regulation recent changes (current laws):
• Legal Profession Uniform Law N“W Uifor La
• Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 Uifor
Codut ‘ules “oliitors
• Legal Profession Uniform General Rules 2015 (NSW)
DO NOT use (historical relevance only):
• Legal Profession Act 2004 (NSW)
• Legal Profession Regulation 2005 (NSW)
• New South Wales Professional Conduct and Practice Rules Solicitors’ Rules
Professional councils
• NSW Law Society
• NSW Bar Association
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Independent bodies – NSW
• Office of Legal Services Commissioner (OLSC) – the body to which complaints are
made. Handles the bulk of complaints against lawyers
• NSW Civil and Administrative Tribunal (NCAT)
- Occupational division
• Supreme Court
Uniform Law regime
• Legal Services Council
• Commissioner for Uniform Legal Services Regulation
Consumer Matters
• Section 269 Uniform Law
• Mediation – s 287, 288 Uniform Law – must attempt to resolve informally, may
require parties to mediate
• Iludes Costs disputes $K total or $K dispute limitation – s 291)
Disciplinary Processes
• S 270 Uniform Law
• Professional behaviour complaint – professional misconduct, unsatisfactory
professional conduct
Time Limits to Complaints
• S 272 Uniform Law
• Costs disputes – 60 days after costs become payable or 30 days after request for
itemized bill complied with (s. 272(3)) but subject to extensions if made within 4
months of that period and fair and just and proceedings to recover not commenced
(s. 272(2))
• Other complaints – within 3 years of alleged conduct (272(1)), subject to extension if
just and fair to deal with it or it involves prof. misconduct and in public interest
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Document Summary
Chapter 6 the delivery of legal services. Law society and bar association: grant practising certificates, represent their members, regulate the profession professional rules, educate their members. Junior barristers fee is fixed at two-thirds of that of the qc: barristers fixed their own fees, oli(cid:272)itors fees (cid:449)ere fi(cid:454)ed a(cid:272)(cid:272)ordi(cid:374)g to (cid:858)s(cid:272)ales(cid:859) e. g. - for an attendance: . For perusing a document per folio (72 words): . 1980s deregulation efficiency and cost effectiveness: Increase in lawyers share of company, commercial, financial and tax practice. The changing paradigms of legal services delivery text pg 130. Regulation recent changes (current laws): legal profession uniform law (cid:894)n w(cid:895) (cid:858)u(cid:374)ifor(cid:373) la(cid:449)(cid:859, legal profession uniform law australian solicitors conduct rules 2015 (cid:894)(cid:858)u(cid:374)ifor(cid:373) Co(cid:374)du(cid:272)t ules (cid:894) oli(cid:272)itors(cid:859)(cid:895)(cid:895: legal profession uniform general rules 2015 (nsw) Do not use (historical relevance only): legal profession act 2004 (nsw, legal profession regulation 2005 (nsw, new south wales professional conduct and practice rules (cid:894)solicitors" rules(cid:895) (cid:1006)(cid:1004)(cid:1005)(cid:1007)
