Becoming a lawyer: from admission to practice under the Legal Profession Act 2004 (Qld)

Mortensen, Reid (2004) Becoming a lawyer: from admission to practice under the Legal Profession Act 2004 (Qld). University of Queensland Law Journal, 23 (2). pp. 319-346. ISSN 0083-4041

Abstract

The Legal Profession Act 2004 (Qld) ('the Act') brings together Queensland's new law, processes and institutions relevant for entry to the legal profession and for securing the right to practise as a barrister or solicitor. In some respects, these changes have potential to realise either flexibility or fossilisation in the profession. On significant questions, the Act left the detail of these changes to new entry rules and, a new creature, administration rules made by the Bar Association and Law Society.' The new entry rules - the Supreme Court (Legal Practitioner Admission) Rules 2004 (Qld) - are astonishingly incomplete, and parts of the Act that they were meant to trigger are left halfcocked. [therefore aim to inform as to what changes have been made to the law for becoming a lawyer, and to suggest what can be done still to realise the philosophy of the Act. My central proposition is that, if the Act is to bring any practical improvements to the structure of the profession, the entry standards that must be met before the court admits a person to practise law should, to the greatest possible degree, be appropriate for practice in either branch. A critical means of realising this will be the requirements that will be set for education and practical legal training (PLT), and the extent to which these have to be completed before and after admission.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author's version unavailable.
Depositing User: Mrs Cynthia Douglass
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 24 May 2009 03:08
Last Modified: 20 Nov 2013 05:46
Uncontrolled Keywords: lawyers; legal profession; Legal Profession Act 2004 (Qld); Queensland
Fields of Research (FOR2008): 16 Studies in Human Society > 1605 Policy and Administration > 160510 Public Policy
18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
13 Education > 1302 Curriculum and Pedagogy > 130213 Vocational Education and Training Curriculum and Pedagogy
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/5018

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