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.
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| Item Type: | Article (Commonwealth Reporting Category C) |
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| 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 |
| Date Deposited: | 23 Oct 2013 01:39 |
| Last Modified: | 19 Jan 2016 01:26 |
| Uncontrolled Keywords: | self-representation; legal profession |
| Fields of Research : | 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 |
| Socio-Economic Objective: | 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 |
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