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Review of the Legal Profession Act Final Report
Advisory Council
CHAPTER 7: ROLE OF THE LEGAL PROFESSION ADVISORY COUNCIL
1 MATTERS RAISED IN THE ISSUES PAPER
The Legal Profession Advisory Council was established in 1987 by section 58. It is required to provide external scrutiny of the Law Society Council and the Bar Council, principally in their rule making functions. The 11 members of the Council are appointed by the Attorney and consist of 3 solicitors, 2 barristers and 5 lay persons.
II RESPONSES
Respondents agreed that the Council has discharged its role. Some respondents suggested that the role of the Council be expanded, particularly regarding the rule making process. These issues are discussed in chapter 5.
QUESTIONS
7.1 Has the Council discharged its statutory role?
Respondents agreed that the Council has discharged its statutory role, in the review of the Solicitors’ Rules, Barristers’ Rules, and the structure and regulation of the legal profession. The Council provides scrutiny of any potential for anti-competitive practices within the profession.
7.2 Is the statutory role of the Legal Profession Advisory Council adequate to ensure that it provides appropriate independent scrutiny of the profession?
Yes, although expansion of the role undertaken by the Council as to scrutiny of the Solicitors’ Rules and Barristers’ Rules, as recommended in chapter 5, may be warranted.
7.3 Does the membership of the Council ensure public confidence in the independent scrutiny of matters affecting the legal profession by the Council?
There appears to be general support for the balance of legal profession representatives, and lay representatives, on the Council.
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