The legal profession Flashcards
What is the difference between a barrister and a solicitor?
Both are Australian lawyers
A barrister is involved in advocacy, they are self employed and specialise in different areas of law (bound by conduct barriers rule e.g. cab rank rule)
A solicitor can practice alone or in partnership, often brief a barrister to appear on clients behalf (cab rank rule does not apply)
Difference between a lawyer vs legal practitioner
A lawyer is admitted to Australian legal profession in this jurisdiction or any other
A legal practitioner who holds a current Australian practicing certificate
What was the historic role of barristers?
Specialised oral advocates that were permitted to approach the bar of the court
What was originally the highest rank of the legal profession and how has that changed?
Sergeant was originally the highest ranking in the profession which was replaced with the Queen’s Counsel (now known as Senior Counsel in Australia)
How many barristers are practicing in Victoria today?
1800-2000
What year were the first Victorian barristers admitted?
1841
When was the bar formally established and when was the bar roll introduced?
1900 and 1902
What is the role of a solicitor?
- provide general advice
- resolve disputes
- prepare paperwork for litigation
- engage in advocacy in lower courts
- handle transactional work
Why is it called the legal ‘profession’?
- commitment to the interests of a substantial social value
- high degree of autonomy
- high level of training and intellectual skill
- licensing or accreditation requirements
How are Solicitors regulated?
Through the Uniform Law Application Act and Australian Solicitors Conduct rules which covers things such as
- being admitted to practice
- confidentiality
- conflicts of interest
- borrowing of client’s money
- not abusing court processes
- courtesy towards clients, court and other lawyers
- being a fit and proper person to practice law
