A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia
Article
| Article Title | A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia |
|---|---|
| ERA Journal ID | 33861 |
| Article Category | Article |
| Authors | |
| Author | Murray, Katie |
| Journal Title | Australian Law Journal |
| Journal Citation | 95 (12), pp. 979-997 |
| Number of Pages | 19 |
| Year | 2021 |
| Publisher | Lawbook Co. |
| Place of Publication | Australia |
| ISSN | 0004-9611 |
| Abstract | This article examines the restrictions on engaging in legal practice in Australia, focusing on how the restrictions also apply to lawyers, who remain in good standing with the profession, but who no longer hold a current practising certificate. In doing so, it outlines jurisdictional differences; the tests that have been applied to determine what constitutes ‘legal practice’; and examines whether the restriction of lawyers can be justified against the dual considerations of public protection. In particular, I question whether placing lawyers in the same category as ‘laypeople’ is justified by the need to protect the public from ‘unlawful operators’ and argue that this may do a disservice to both lawyers and the public. |
| Keywords | legal practice; Australia; public protection; laypeople, unlawful operators |
| ANZSRC Field of Research 2020 | 480501. Access to justice |
| 480505. Legal practice, lawyering and the legal profession | |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | School of Law and Justice |
| Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q6y5v/a-lawyer-by-any-other-name-the-restrictions-on-unqualified-legal-practice-in-australia
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