A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia

Article


Murray, Katie. 2021. "A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia." Australian Law Journal. 95 (12), pp. 979-997.
Article Title

A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia

ERA Journal ID33861
Article CategoryArticle
Authors
AuthorMurray, Katie
Journal TitleAustralian Law Journal
Journal Citation95 (12), pp. 979-997
Number of Pages19
Year2021
PublisherLawbook Co.
Place of PublicationAustralia
ISSN0004-9611
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.

Keywordslegal practice; Australia; public protection; laypeople, unlawful operators
ANZSRC Field of Research 2020480501. Access to justice
480505. Legal practice, lawyering and the legal profession
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Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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