Table of Contents

Terms of Reference

Participants

Preface

Legal Profession Inquiry Publications

SUMMARY OF PRINCIPAL RECOMMENDATIONS

Admission, General Regulatory Bodies and the Right to Practise

Community Participation in Regulation

Legal and Official Distinctions between Barristers and Solicitors

Restrictive Practices

The Way Ahead

Queen's Counsel

Court Dress

PART I - INTRODUCTION

CHAPTER 1. THE LEGAL PROFESSION INQUIRY AND THIS REPORT

I. The Scope of this Report

II. Our Methods of Inquiry

III. Discussion Papers and Background Papers

PART II - GENERAL REGULATION OF THE PROFESSION AND THE DIVISION INTO BARRISTERS AND SOLICITORS

CHAPTER 2. INTRODUCTION

I. Introduction

II. General Regulation: The Present Position

III. General Regulation: Our Discussion Paper

IV. General Regulation: Some Responses to Our Paper

V. Structure: The Present Position

VI. Structure: Our Discussion Paper

VII. Structure: Some Responses to Our Paper

VIII. Developments Since the Discussion Papers

IX. The Position Outside New South Wales

CHAPTER 3. SOME BASIC ISSUES

A. INTRODUCTION

B. THE GENERAL REGULATION OF THE PROFESSION

I. Regulation in the Public Interest

II. The Independence and Responsiveness of the Profession

III. The Value of Professional Participation

IV. The Value of Lay Participation

V. The Role of Professional Associations

VI. The Role of the Courts

VII. The Role of Government

VIII. Some General Conclusions

I. Flexibility and Freedom of Choice

II. Division of Labour

III. Development and Identification of Specialisation

IV. Consequences of Specialisation

V. independence and Objectivity

VI. Accessibility to Clients and Other Practitioners

VII. Support and Assistance from Other Practitioners

VIII. The Operation of the Courts

IX. Some General Conclusions

CHAPTER 4. ADMISSION, GENERAL REGULATORY BODIES AND THE RIGHT TO PRACTISE

A. INTRODUCTION

B. ADMISSION TO THE PROFESSION

I. Common or Separate Admission?

II. A Common Title for Admission

I. Professional Associations as General Regulatory Bodies

II. Two General Regulatory Bodies or One?

III. Powers of General Regulation

I. Practising Certificates

II. Practising Certificate Fees

CHAPTER 5. COMMUNITY PARTICIPATION IN THE REGULATORY SYSTEM

A. INTRODUCTION

B. THE LAW SOCIETY COUNCIL AND THE BAR COUNCIL

I. Community Participation

II. Public Members on Councils

III. How Many Public Members?

IV. Voting or Non-voting Members?

V. Selection of Public Members

VI. Reports by Public Members

VII. Committees of the Councils

VIII. Payment of Public Members

I. A New Reviewing and Advisory Body

II. The Size of the Council

III. Selection of Council Members

IV. Powers and Responsibilities of the Council

V. Staff and Finance

CHAPTER 6. LEGAL AND OFFICIAL DISTINCTIONS BETWEEN BARRISTERS AND SOLICITORS

A. INTRODUCTION

B. REQUIREMENTS FOR ADMISSION

C. REQUIREMENTS CONCERNING TRAINING AND EXPERIENCE

I. Introduction

II. Practising as a Principal

III. Accepting Work Directly from Clients

IV. Practising in the Style of a Barrister

V. Returning to Practice

E. CIVIL RIGHTS, LIABILITIES AND IMMUNITIES CONCERNING PROFESSIONAL WORK

F. REGULATION OF FEES

I. Fee Scales

II. Review of Bills

III. A Particular Issue

H. APPOINTMENT AS JUDGES

I. JUDICIAL AND OFFICIAL ATTITUDES

J. DISTINCTIONS IN THE FEDERAL SPHERE

K. TRANSITIONAL ARRANGEMENTS

CHAPTER 7. RESTRICTIVE PRACTICES

A. INTRODUCTION

B. REGULATION OF RESTRICTIVE PRACTICES

C. SOME EXISTING RESTRICTIVE PRACTICES AT THE BAR

I. Introduction

II. Acting Without the Intervention of an Instructing Practitioner

III. Practising in Partnership

IV. Employment at the Bar

V. Appearing with Solicitors

VI. Attendances with Solicitors

VII. Conclusion

CHAPTER 8. THE WAY AHEAD

PART III - QUEEN'S COUNSEL AND COURT DRESS

CHAPTER 9. QUEEN'S COUNSEL

A. THE DISCUSSION PAPER

I. Introduction

II. Outline of Suggestions

III. Responses to the Discussion Paper

I. Introduction

II. Class of Eligible Appointees

III. The Two-Counsel Rule

IV. The Fees of junior Counsel when Appearing with Senior Counsel

CHAPTER 10. COURT DRESS

A. INTRODUCTION

B. SOME RELEVANT CONSIDERATIONS

C. OUR VIEWS

PART IV - A SEPARATE VIEW

CHAPTER 11. A SEPARATE VIEW

A. INTRODUCTION

B. COMMON ADMISSION

C. GOVERNMENT REGULATION

D. THE PUBLIC COUNCIL ON LEGAL SERVICES

E. PROFESSIONAL COUNCILS: POWERS ON SUFFERANCE

F. PUBLIC MEMBERS; CONFLICT OF INTEREST

G. QUEEN'S COUNSEL

H. COURT DRESS

I. COMMENTS ON PARTICULAR RECOMMENDATIONS

APPENDICES

I. TERMS OF REFERENCE

II. LIST OF SUBMISSIONS TO THE LEGAL PROFESSION INQUIRY

III. SOME COMMENTS ON OUR DISCUSSION PAPERS

IV. ACKNOWLEDGMENTS OF ASSISTANCE

V. SELECT BIBLIOGRAPHY

INDEX