The twain (and only the twain) meet - the demise of the legal profession national law

Mortensen, Reid (2013) The twain (and only the twain) meet - the demise of the legal profession national law. Legal Ethics, 16 (1). pp. 219-222. ISSN 1460-728X

Abstract

In 2011, Linda Haller reported in Legal Ethics on proposals for national regulation of the legal profession in Australia. In common with other English-speaking federations, the legal profession in Australia is organised on a sub-national basis: in Australia’s case, there are separate professions (and some divided) in eight States and Territories. The federal Parliament has no power that would enable it to settle one scheme of regulation for lawyers across the country. However, the Australian federation had actually secured a high degree of harmonisation in the Model Laws on National Legal Practice (Model Laws), which all Australian jurisdictions, apart from South Australia, implemented between 2004 and 2008.
The Model Laws set a similar structure for the regulation of lawyers, but within that structure allowed significant variations from State to State.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	No
Item Status:	Live Archive
Additional Information:	Published version deposited in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre:	Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Faculty/School / Institute/Centre:	Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Date Deposited:	22 Jul 2013 05:15
Last Modified:	28 Nov 2017 00:57
Uncontrolled Keywords:	lawyers; lawyer regulation; Australia, Model Laws
Fields of Research (2008):	22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics 18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession 18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Fields of Research (2020):	50 PHILOSOPHY AND RELIGIOUS STUDIES > 5001 Applied ethics > 500105 Legal ethics 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480505 Legal practice, lawyering and the legal profession 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480499 Law in context not elsewhere classified
Socio-Economic Objectives (2008):	C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
Identification Number or DOI:	https://doi.org/10.5235/1460728X.1.1.219
URI:	http://eprints.usq.edu.au/id/eprint/23780

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