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

Murray, Katie ORCID: https://orcid.org/0000-0002-5165-1941 (2021) A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia. Australian Law Journal, 95 (12). pp. 979-997. ISSN 0004-9611


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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 19 Jan 2022 23:06
Last Modified: 06 Jul 2022 06:24
Uncontrolled Keywords: legal practice; Australia; public protection; laypeople, unlawful operators
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480501 Access to justice
48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480505 Legal practice, lawyering and the legal profession
URI: http://eprints.usq.edu.au/id/eprint/45564

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