'With a little help from a friend': self-represented litigants, payment and legal profession regulation

Article


Jones, Nicky. 2013. "'With a little help from a friend': self-represented litigants, payment and legal profession regulation." Queensland Lawyer. 33 (1), pp. 52-66.
Article Title

'With a little help from a friend': self-represented litigants, payment and legal profession regulation

ERA Journal ID36803
Article CategoryArticle
Authors
AuthorJones, Nicky
Journal TitleQueensland Lawyer
Journal Citation33 (1), pp. 52-66
Number of Pages15
Year2013
Place of PublicationSydney, Australia
ISSN0312-1658
Abstract

This article reviews legal professional practice legislation, case law and policy regarding the tasks and activities which constitute legal work and who is entitled to carry out such work. Its context is Wilson v Raddatz [2006] QCA 392, an application heard by the Queensland Court of Appeal during which it emerged that the self-represented applicant had paid a friend who was not a legal practitioner to prepare written submissions for court. The article examines legislation, case law and policy to assess whether the friend breached relevant law or policy by preparing the court submissions and thereby engaged in legal work or legal practice when not a lawyer, and by receiving payment for his assistance. The article also considers whether legal practice law disadvantages self-represented litigants by preventing them from reimbursing a friend for any outlay of time, effort and assistance.

Keywordsself-representation; legal profession
ANZSRC Field of Research 2020480505. Legal practice, lawyering and the legal profession
480504. Legal institutions (incl. courts and justice systems)
480501. Access to justice
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Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
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