Lawyers in Australia

Lawyers in Australia

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Lawyers in Australia is a wide-ranging and detailed examination of the legal profession. It contextualises the role, responsibilities and ethics of lawyers in contemporary Australian society and discusses recent trends and issues. This edition updates the text with: information about the National Legal Profession Project and a review of key provisions of the proposed National Laws and Rules; reference to relevant case law since the publication of the 1st edition; updated statistical information relating to lawyers and the legal profession in Australia; reference to recent studies and commentary in relation to lawyers and the legal profession in Australia; revised discussion and research questions relating to each chapter.
In addition there are chapters about: who lawyers are and what they do; legal education in Australia including trends and developments; the structure and regulation of the legal profession; legal culture, including demographic and sociological trends; the judiciary, focusing on accountability and the processes by which judges and magistrates are appointed; the changing nature of legal services delivery due to the development of a national legal services market; access to justice, including legal aid and pro bono services; equality before the law with specific attention to indigenous peoples and refugees; ethics and professional responsibility, including complaints and the disciplinary process; the lawyer-client relationship, covering the 'retainer', the duty to advise, the duty of competence and care, and the duty of loyalty; the lawyer's duty to the court and the proper administration of justice; the future of the legal profession and legal services.
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Product details

  • Paperback | 400 pages
  • 159 x 235 x 156mm | 628g
  • Annandale, NSW, Australia
  • English
  • New edition
  • 2nd New edition
  • 1862878412
  • 9781862878419

Table of contents

Part I - The Sociological Context 1. Lawyers 2. Legal Education in Australia
3. The Development of the Legal Profession in Australia 4. Legal Culture
5. The Judiciary 6. The Delivery Of Legal Services 7. Access to Justice: Meeting the Costs 8. Access to Justice: Equality Before the Law 9. Access to Justice: Indigenous Australians Part II - The Ethical Context 9. Ethics, Values and Professional Responsibility 10. Conduct, Complaints and Discipline 11. The Lawyer-Client 12. Relationship: The Retainer and the Duty of Representation 13. The Lawyer-Client Relationship: The Duty to Advise 14. The Lawyer-Client Relationship: Duty of Competence 15. The Lawyer-Client Relationship: The Duty of Loyalty 16. The Lawyer's Duty to the Court and the Proper Administration of Justice 17. The Lawyer's Duty to Other Members of the Profession and to Third Parties.
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Review quote

There is a great distance a student must travel between graduating from law and practising it. Unfortunately there is no app to navigate it. There is, however, the second edition of Lamb and Littrich's Lawyers in Australia which offers to contextualise the practice and responsibilities of becoming a lawyer. Practitioners who already have the first edition may be interested in the updates on the National Legal Profession Project. The authors have experience both as practising lawyers and in training lawyers for legal practice at the University of Wollongong. Lamb has experience as a lecturer at the Leo Cussen Institute and in development of the Bar Admission Course in Ontario, Canada. ... Many of the topics covered are the subject of longstanding academic and social debates. There are topics which new lawyers may need guidance in, such as pursuit of work-life balance and the role of legal aid. This text would be ideal on the primary or recommended reading list for legal practice courses or professional responsibility courses. It would be a useful reference tool for law trainees and new lawyers as well as a go to resource for the office or chambers. - Tasman Fleming, Barrister - Law Institute Victoria - inPrint - September 2012 86 (09) LIJ, p.68 This textbook is an enjoyable read. The authors divide Lawyers in Australia into a sociological perspective and an ethics section. I found the part on the sociological context particularly interesting. The authors provide a historical and comparative understanding of the legal profession in the Australian, United Kingdom, Canadian, and the United States jurisdictions. They discuss the proper use of the term "lawyer" and the very important historical distinction of "barrister" and "solicitor" as well as the educational requirements and standards needed for entering our profession. This makes Lawyers in Australia a recommended read for law students wanting to know what the legal profession is about other than getting a set of letters (i.e. LLB) behind one's name. Read full review... - Alexis N Gage, Hearsay, December 2011, 53 Review of previous editions:Students completing their bachelor of laws in jurisdictions where the study of ethics is compulsory (this is not the case in WA), and all graduates completing admissions courses, will find the section on ethics a very useful summary. It deals with ethical codes, the client-lawyer relationship and the lawyer's duty to the court, to other members of the profession and third parties. The client-lawyer relationship incorporates detailed analysis of the retainer, the duty to advise, the duty of competence and care and the duty of loyalty. This section is also a primer for lawyers who wish to enlarge their understanding of the law underpinning professional conduct rules and the law relating to professional privilege and lawyer liability. The sociological context covers the definition of a lawyer and legal work, the development of the Australian profession and professional institutions like law societies, fidelity funds and public purposes funds. There is a broader discussion about the role of the judiciary, the legal culture, the costs and delivery of legal services and access to justice that is general background for any lawyer or student preparing to undertake specific law reform analysis. To a certain extent the authors create for law students a tempered but nevertheless heroic context for their future practice of the law, emphasising what the law can do. The book would be a useful addition to a firm library, particularly if that firm engages winter and summer clerks and articled clerks and graduate trainees. - Law Society Journal of Western Australia, Vol 34 (10) November 2007
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About Ainslie Lamb

Ainslie Lamb AM Ainslie holds a Member of the Order of Australia (AM) for services to the legal profession, legal education in relation to cross-cultural and indigenous issues, and community education. Ainslie practised as a solicitor in Victoria for 25 years. In 1994 she joined the Faculty of Law at the University of Wollongong, as the Foundation Director of the Practical Legal Training Course. She was appointed as an Honorary Professorial Fellow of the Faculty of Law in 2004. John Littrich John Littrich practised as a solicitor in the Illawarra area of New South Wales for 13 and was an accredited specialist in Family Law. He joined the Faculty of Law at the University of Wollongong as a leturer in the Practical Legal Training (PLT) Course in 2002. During his years of practice he was also a regular volunteer with the Illawarra Community Legal Centre and is now a member of the CentreaaC--(t)s Management Board. He also worked for a year as an employer industrial advocate. Now a senior lecturer, in his time with the Faculty of Law he has taught in the LLB Lawyers and Australian Society subject and, for several years, has co-ordinated and taught in the LLB Family Law subjects, in addition to his PLT commitments. He also co-ordinates the FacultyaaC--(t)s Legal Internship Program.
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