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Other Parliamentary SpeechesThis page is dedicated to Peter's speeches during parliament that do not fall under Questions or Questions without notice. They range from debating legislation, reporting on events or issues in his seat of Southport and his Ministerial Statements.
Legal Profession Bill |
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| Posted by Administrator (admin) on Nov 27 2003 |
| Other Speeches >> |
Mr LAWLOR (Southport- ALP) (2.30 p. m.): I rise to support the Legal Profession Bill 2003. This bill implements the first stage of the government's reforms for the regulation of the legal profession, and I must say at the outset that I believe that this is long overdue. Unfortunately, in recent times particularly, the legal profession has suffered from fairly bad press. That is notwithstanding the pro bono work that many- in fact, all- of the solicitors that I know do, but of course good news does not seem to sell newspapers. So all of that work that they do goes unreported and largely unacknowledged. Of
course, in this debate we have heard all sorts of suggestions. Some members have even quoted Shakespeare about his exhortation to kill all lawyers, which I think is a bit severe.
Mr Strong interjected.
Mr LAWLOR: Well, it is fairly severe anyway. It is fairly final from what I understand. Certainly, the legal profession has been brought into disrepute by very few lawyers, some of whom seem to go by the saying, to quote the Wizard of Id, that a client is innocent until proven broke. They have certainly hit the headlines. There are over 5,000 solicitors in Queensland, and it is only a very small proportion of those who do the wrong thing. But, unfortunately, the legislation has to be made to cater for those and eliminate those types of practitioners. The principal measures are the structural reforms to address public dissatisfaction with the current complaints and disciplinary processes for lawyers. I will not go into the detail, but there has been plenty of mention by previous speakers in this debate about the perception in the general public of the problem with Caesar judging Caesar, something which has been mentioned dozens of times already.
Greater independence, accountability and transparency will be brought to these processes through the appointment of the Legal Services Commissioner. The commissioner will receive all complaints against lawyers and will be responsible for the investigation of complaints. The commissioner will decide whether or not disciplinary action is taken against a lawyer. Legal Services Commission staff will assist the commissioner in these matters. The commissioner will also be able to call on the investigative capacities of the Queensland Law Society or the Bar Association of Queensland. High standards of client service will be required of the commission in its dealings with the public.
Barristers will be required to have practising certificates and will be subject to the statutory complaints and disciplinary regime, and this is a giant step forward because to date barristers have really, to a great extent, been a law unto themselves. More serious matters potentially involving suspension or striking off or serious fines will be heard by the new Legal Practice Tribunal chaired by a Supreme Court judge and assisted by a professional member and a lay member. There will be a public register of the findings of professional misconduct by the tribunal. The Legal Practice Committee appointed by the Governor in Council will hear less serious professional conduct breaches.
The professional conduct rules will be made as subordinate legislation. The professional bodies will be responsible for making recommendations for these rules and consulting with the public on their recommendations. The Legal Practice Committee will also have an advisory role in these matters.
National model laws for the legal profession regulation are currently being developed for considerationby the Standing Committee of Attorneys-General. The bill implements the reforms from the current draft of the model in the areas of reservation of work, admission, practice, conduct rules, complaints and discipline, financial arrangements and incorporation of legal practices. In these areas, the model laws are relatively settled or are subject to local variations. The remaining reforms in the areas of trust accounts, client agreement and costs review, fidelity cover, multidisciplinary practices and foreign lawyers are expected to be included in a bill in the first half of next year. Any further changes that are desirable for consistency with the final national model laws approach will be included at that time.
Solicitors and barristers will not be admitted separately as they are at present. The bill provides for the admission of legal practitioners generally. The bill facilitates national practice. Interstate legal practitioners will be permitted to practise in the jurisdiction without the need to apply for a local practising
certificate and will be able to apply for a practising certificate based on their admission to another state or territory. In the context of national practice, there will be automatic recognition of disciplinary action in other jurisdictions. The bill facilitates the incorporation of legal practices on a basis that is consistent with
the proposals in the model laws. The financial arrangements relating to interest on solicitors' trust accounts will be transferred from the Queensland Law Society to the Department of Justice and
Attorney-General and made more accountable and transparent. The interest will be allocated for statutory purposes specified in legislation, not as at present according to statutory percentages but as approved by the minister on the recommendation of the chief executive of the department.
As I said at the outset, these changes are long overdue. In fact, in discussing the issue of disciplinary proceedings against lawyers, I have only come across two lawyers- and I know absolutely hundreds of them- who were against this proposal. Ironically, both of them were on the council of the Law Society. I commend the Attorney-General and his hardworking officers and department, and I commend the bill to the House. Last changed: [PUBLISHED_DATE] at 10:00 AM
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