'With a little help from a friend': self-represented litigants, payment and legal profession regulation
Article
Article Title | 'With a little help from a friend': self-represented litigants, payment and legal profession regulation |
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ERA Journal ID | 36803 |
Article Category | Article |
Authors | |
Author | Jones, Nicky |
Journal Title | Queensland Lawyer |
Journal Citation | 33 (1), pp. 52-66 |
Number of Pages | 15 |
Year | 2013 |
Place of Publication | Sydney, Australia |
ISSN | 0312-1658 |
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. |
Keywords | self-representation; legal profession |
ANZSRC Field of Research 2020 | 480505. Legal practice, lawyering and the legal profession |
480504. Legal institutions (incl. courts and justice systems) | |
480501. Access to justice | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2196/-with-a-little-help-from-a-friend-self-represented-litigants-payment-and-legal-profession-regulation
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