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Week 3 Admission - Coggle Diagram
Week 3 Admission
4 Admission Criteria
Admission bodies have to balance prescriptive course content requirements with the demands of liberal legal education.
Priestley 11 requirements which list 11 subjects and outline unit content and skills.
● Criminal law and procedure
● Torts
● Contracts
● Property
● Equity
● Company law
● Administrative law
● Federal and state constitutional law
● Civil Dispute Resolution
● Evidence
● Ethics and Professional Responsibility.
Admission bodies also have to consider other characteristics such as whether the aspirant has the necessary moral character.
It is no longer considered enough to ‘know the law’ at the date of graduation – today’s professionals are expected to be accomplished knowledge managers who can find answers and solve problems.
practical legal training competency standards for entry level lawyers are set out in Attachment 2 Appendix B to the Law Admissions Consultative Committee Report found in the Supreme Court (Admission) Rules 2004 (Qld). These standards are sometimes referred to as the Priestley 12.
Eligibility and Suitability for Admission
Legal Profession Act 2007 (Qld) Part 2.3 Division 2 deals with the eligibility and suitability of a candidate for admission.
The Legal Practitioners Admission Board must be satisfied that a candidate is a fit and proper person and suitable for admission [s 31].
Persons cannot be admitted or enrolled as barristers or solicitors in Queensland – they are lawyers distinguishable only by their practicing certificates [s 35(2)].
At the outset it should be noted that the tests are negative – in the absence of past misconduct a person will be presumed to meet the requirements.
Often in law it is difficult to provide evidence of a positive virtue, often we are left with absence of negative in construing positive – a very peculiar state of affairs from a logical point of view, but something we do every day in law
Supreme Court is concerned with two elements
Eligibility for admission (s 30);
The first element requires that all necessary educational requirements (academic qualifications and professional legal training) have been met and that the applicant is a natural person at least 18 years old
Suitability for admission (s 31).
Section 31 provides that the Supreme Court, in deciding if an applicant is a fit and proper person, must consider each of the relevant ‘suitability matters’ (make sure you have a look at those matters set out in s 9), as well as any other matters that the Supreme Court considers relevant
S 9 Suitability matters
s 9 (a) - Fame and good character
Law Admissions Consultative Committee (LACC) also has Disclosure Guidelines for Admission
Section 5
7 more items...
In Queensland, applicants seeking admission are required to make declarations in relation to the ‘suitability matters’ in Form 7 Statement of eligibility and suitability
including – “I certify that, to the best of my knowledge and having regard to the suitability matters under section 9 of the
Dishonesty and pre-admission events
Dishonesty is the death knell of an admission application. Ross discusses four cases with which you should be familiar
Re Davis (1947) 75 CLR 409 – breaking, entering and stealing.
Re B [1981] 2 NSWLR 372 – lack of honesty when dealing with authority – see also Cohen v Legal Practitioners Admissions Board [2012] QCA106; Doolan v Legal Practitioners Admissions Board [2013] QCA 43.
Wentworth v The New South Wales Bar Association (1992) 66 ALJR 360, (1992) 176 CLR 239 – frequent litigant, lied under oath, and made grave allegations without proper foundation.
https://jade.io/article/879239?at.hl=Angeleska+v+Victorian+Legal+Admissions+Board+%255B2021%255D+VSC+829+(13+December+2021
) [2021] VSC 829 (13 December 2021) - frequent litigant. How the person conducts themself in litigation is a relevant question.
Thomas v Legal Practitioners Admission Board [2005] 1 Qd R 331- misappropriation of funds from employer.
Borhani v LPAB [2013] QCA13-014 – misrepresenting academic results.
Political Activity
Can political activity preclude admission? It may depend on the context and environment at the date admission is sought. Consider the following cases:.
In Re Julius [1943] St R Qd 247 – the applicant, a member of the Communist Party, was admitted, even at the height of political fear of communism.
, the court emphasised that criticism of the government is usual in a democratic society as long as the person making those criticisms is not engaging in unlawful activity.
Mansfield J stated, at 260:
The free and unrestricted expression of socialist views is countenance to Queensland Law, provided that the person ... does not violate the laws relating to defamation, to sedition and to the suppression of subversive activities ...
Re B [1981] 2 NSWLR 372 – ‘Political activities were incompatible with being a barrister.’ Radicalism while acceptable in one's youth was inconsistent with membership of the bar.
Personal Moral Standards
The profession does consider the personal morals of applicants in at least two areas.
Criminal conduct and abuse of legal process
See Wentworth v The New South Wales Bar Association (1992) ALJR 663 discussed in Dishonesty and pre-admission events
Julian Disney, Paul Redmond, John Basten, Stan Ross, Lawyers (2nd ed, 1986) suggests admission bodies have a liberal attitude to offences, which do not directly relate to the practice of law, nor involve recent dishonesty.
Non-criminal conduct.
Disclosure
Lack of candour in informing admission bodies of past academic misconduct can result in a failure to be admitted. Read
● Law Society of Tasmania v Richardson [2003] TASSC 9
https://jade.io/article/180858
(checked 13/02/2023).
Effect of non-disclosure
to be granted admission, without making full and frank disclosure she may face the prospect of being struck off the Roll following admission if a non-disclosure is later discovered:
Re OG (a Lawyer) (2007) 18 VR 164.
Re Evatt (1987) 92 FLR 380, the Full Court of the Supreme Court of the ACT stated at 383
... it is not for an applicant to decide what is or is not relevant to place before the Court on the question of whether that person is a fit and proper person to be admitted to practice. The applicant's duty is to place before the Court any matter that might reasonably be regarded by the Court as touching on the question of fitness to practice.
2 Controlling Authorities
four controlling authorities for the Queensland legal profession
excluding
the Supreme Court of Queensland
● Legal Practitioners Admissions Board;
● The Queensland Law Society;
● The Queensland Bar Association; and
● Legal Services Commission.
Legal Practitioners Admissions Board
a
statutory authority
, created by the
Legal Profession Act 2007 (Qld)
Part 7.5
functions set out in s 661
The members of the board consist of 2 solicitors and 2 barristers, a solicitor nominated by the law society, a barrister nominated by the bar association, the Brisbane registrar and a person nominated by the Minister – s 660.
The Board:
1 Considers applications for declarations for early consideration of suitability – s 32.
2 Assists the Supreme Court by making recommendations about each application for admission – s 39. E.g. that an application is made under the admission rules, the applicant is eligible under the Act, the applicant is a fit and proper person having regards to suitability matters, and whether there are any others matters the Supreme Court may consider relevant – e.g. approved academic qualifications, approved practical legal training requirements, and accreditation of law schools.
3 Considers an applicant’s eligibility and suitability – s 40.
4 May appear before the Supreme Court – s 41.
5 Must charge the prescribed fees – s 42.
The Queensland Law Society
controls practising certificates for legal practitioners who wish to practice as solicitors.
The Bar Association of Queensland
controls practising certificates for legal practitioners who wish to practice as barristers
Legal Services Commission
‘The Legal Services Commission is an independent statutory body which first 'opened for business' when the Legal Profession Act 2004 commenced on 1 July 2004. The Act was repealed on 1 July 2007 and replaced by the Legal Profession Act 2007 which gave us all the same and some additional powers and responsibilities.
Our core business
The Core Business and Values of the Legal Services Commission (checked 13/02/2023) ‘are to give users of legal services an independent, timely, effective, fair and reasonable means of redress for complaints; and to promote, monitor and enforce professionally appropriate standards of conduct in the provision of legal services.
receive and deal with complaints about lawyers
commence investigations on our own initiative when we suspect lawyers have acted improperly
audit incorporated legal practices to help them develop and maintain ethical workplace cultures, initiate disciplinary or other regulatory action as appropriate
communicate what we learn as we go about our work, contribute to related policy discussion and undertake relevant and practical projects and research
oversees and participates in a co-regulatory disciplinary system with the Queensland Law Society (the solicitors’ professional body), the Queensland Bar Association (the barristers’ professional body).
3 The admission process
To be recognized as a legal practitioner by the Legal Practitioners Admission Board
obtained a law degree from an accredited law school
followed by the completion of an accredited Practical Legal Training (PLT) program or period of supervised traineeship
Process
process differs depending upon whether the applicant
has been previously admitted as a lawyer in Australia or New Zealand; or
is an overseas practitioner seeking admission.
has not previously been admitted as a lawyer in any jurisdiction;
Solicitors
Queensland must be admitted by the Supreme Court of Queensland as a lawyer or the Supreme Court of another Australian State or Territory under a corresponding law
All solicitors whose principal place of practice is Queensland must hold a Queensland solicitor’s practising certificate
Solicitors must have:
An accredited law qualification.
Accredited practical legal training program qualification.
Professional indemnity insurance.
Practicising certificate.
Participate in continuing professional development.
Admitted to the roll by the Supreme Court.
Barristers
in Queensland must have been admitted by the Supreme Court of Queensland as a lawyer or the Supreme Court of another Australian State or Territory under a corresponding law.
The conditions for a Practising Certificate are found at
https://qldbar.asn.au/baq-cms/practising-certificate
principal place of practice is Queensland must hold a Queensland barrister's practising certificate to appear in court in Queensland
before you can apply you must first be a Legal Practitioner of the Supreme Court of Queensland or admitted to the legal profession of another jurisdiction under a corresponding law
Barristers must have
An accredited law qualification.
Bar Practice Course qualification
Pupilage
Professional indemnity insurance
Practicing Certificate
Participate in continuing professional development.
Admitted to the roll by the Supreme Court.
What are the conditions for obtaining a Practising Certificate?
Professional Indemnity Insurance (PII)
a statutory requirement for all barristers in Queensland.
Readership
the important requirements of Professional Development at the Bar
The Readership programme is designed to provide those who have commenced practice at the Bar with practical training, guidance and mentoring under the supervision of two experienced mentor barristers
reader is required to have two mentors
Senior mentor, being a King's or Senior Counsel,
Junior mentor, being Junior Counsel of not less than five years' standing in actual practice
Readership is undertaken for at least twelve (12) months, but does not affect a reader's rights of audience
Bar Exam and Bar Practice Course
requirement for making an application for a practising certificate
bar exam covers legal ethics, evidence and practice and procedure.
Continuing Professional Development
must accumulate at least 10 Continuing Professional Development (CPD) points before their practising certificate is due for renewal on 1 July each year
. If a barrister has not accumulated the required number of points they cannot be issued with a practising certificate
Restricted and Unrestricted Practice
Upon being admitted, a solicitor's practising certificate will usually be an employee level "restricted". Practising certificat
Restricted employee practising certificates are issued to solicitors who have not completed the required period of supervised legal practice. See s56 of the Legal Profession Act 2007 (Qld) and Rule 15 of the Queensland Law Society Administration Rule
Practitioners with unrestricted practising certificates who wish to practise as sole practitioners, partners, legal practitioner directors, or solicitor on the record must also complete a practice management course approved by the Law Society and then apply for a Principal level practising certificate
Practising certificates remain valid from commencement to the end of the financial year and must be renewed annually
There are also Volunteer practising certificates issued to those solicitors who are not employed but who volunteer at a community legal centre.
Continuing Professional Development requirements
The Legal Profession Act 2007 (Qld) s 53 enables a regulatory authority to impose a reasonable and relevant condition on a practicing certificate, including requiring the certificate holder to undertake or complete continuing legal education, or stated legal education or training.
Queensland has a mandatory continuing legal education requirement, found in the Queensland Law Society Administration Rule 2005 Part 6
Under r 47 a practitioner who holds a practicing certificate must, unless exempted in whole or in part, complete ten approved CPD units per annum, with at least one CPD unit in each of:
● Practical legal ethics;
● Practice management and business skills; and
● Professional skills.
1 Introduction
Queensland
Queensland a person seeking admission to the legal profession must:
● Elect to practice as a barrister or a solicitor;
● For solicitors – obtaining a practicing certificate through the Queensland Law; and
● For barristers – obtaining a practicing certificate through the Queensland Bar Association.
● Have successfully completed a Practical Training Course (PLT) or Supervised workplace experience (Supreme Court (Admission) Rules 2004 (Qld) Part 2A);
● Have successfully completed an LLB or course prescribed by the Legal Practitioners Admissions Board;
The Legal Profession Act 2007 (Qld)
caters for a National Practicing Certificate Scheme and allows foreign lawyers to practice the law of their home jurisdiction in Queensland. These changes reflect the national and international globalisation of legal services.
also caters for the national practising certificate scheme, standards for law degrees and practical legal training and a system governing the entitlements of foreign lawyers to practice the law of their home country within Australia.
Commonwealth
Mutual Recognition Act 1992
(Cth) was enacted and adopted in all Australian jurisdictions.
Despite the adoption of Uniform Admission Rules, there is still considerable variation in admission requirements and procedures amongst the States/Territories
four essential requirements are common across all jurisdictions. To practice law in Australia a person must:
● Obtain the necessary academic qualifications.
● Undertake practical legal training.
● Be admitted to the Supreme Court in their State/Territory and have their name entered on its Roll of practitioners. This is permanent unless revoked for misconduct.
● Be issued with an annual practicing certificate from a professional association (law society or bar association).
5 Inter-Jurisdictional Admission
Inter-State Lawyers
Interstate legal practitioners are governed by the Legal Profession Act 2007 (Qld) Part 2.4 Div 9
Since Queensland has been part of the national legal profession since July 2004, there is no longer a need for practitioners admitted in an Australian jurisdiction to apply for admission to the roll of lawyers in Queensland.
If you intend to principally practise in Queensland you will need to surrender the Practising Certificate from the other jurisdiction in order to be granted a Queensland Practising Certificate.
International Lawyers
Persons who have attained legal qualifications overseas will need to meet the requirements for admission as set down by the Legal Practitioners Admission Board.
entails completing relevant academic subjects and practical legal training requirements and, thereafter, applying for admission
Practitioners who intend to practise as principals are also required to successfully complete the QLS practice management course (checked 13/02/2023).
New Zealand Practitioners
In order to practice in Queensland, practitioners who have been admitted to the High Court of New Zealand must apply for admission in Queensland under the Trans-Tasman Mutual Recognition (Queensland) Act 2003
7 Practical Legal Training
Articles were replaced by short courses of professional legal training that were said to simulate the practical experience of clerkship and to provide a grounding in professional life. These have been subject to a number of criticisms.
As PLT programs have moved into the online arena there have also been concerns about how practical the skills learnt may actually be. While we understand these concerns, if online learning is implemented poorly, our unique position as an online law degree suggests that ‘online’ is not inconsistent with ‘practical’, particularly when 21st century work skills are involved.