'With a little help from a friend': self-represented litigants, payment and legal profession regulation

Jones, Nicky (2013) 'With a little help from a friend': self-represented litigants, payment and legal profession regulation. Queensland Lawyer, 33 (1). pp. 52-66. 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.

Statistics for this ePrint Item

Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Additional Information:	Permanent restricted access to Published version 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:	23 Oct 2013 01:39
Last Modified:	19 Jan 2016 01:26
Uncontrolled Keywords:	self-representation; legal profession
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems) 18 Law and Legal Studies > 1801 Law > 180102 Access to Justice
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480505 Legal practice, lawyering and the legal profession 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480504 Legal institutions (incl. courts and justice systems) 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480501 Access to justice
Socio-Economic Objectives (2008):	C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI:	http://eprints.usq.edu.au/id/eprint/24157

Actions (login required)

Archive Repository Staff Only