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Legal Profession In Australia Case Study

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For ABC to successfully oppose DEF’s application, ABC may argue that there is no lawyer-client relationship between Virginia and Teddy. Since there is no statute in Australia requires the retainer to be in writing, a retainer can be implied . The onus of proof of an implied retainer is on the party alleging the existence of a retainer . In this case, there clearly is no express retainer, and therefore DEF needs to prove that there is an implied professional relationship by showing that the conversation between Virginia and Teddy was a legal advice. Inferences can only be made objectively, and should not be made from mere beliefs . What Virginia provided, in the conversation between her and Teddy, are deemed to be her opinion rather than a proper …show more content…
Among the new trend, the growth of incorporated legal practices is the most salient change and people simply deemed that it encouraged commercialism in the legal profession. Justice Hayne’s statement in his journal confronts these opinions by arguing that pursuit of commercial success is not a new conception, but rather, it has been always there in the legal practice: what has changed is the balance between professionalism and commercialism . The number of incorporated legal practices has gradually increased and their contributions to Australian economy are also augmented . As law firms became larger and larger, they could not overlook the importance of profit anymore. It led to the change in the balance in the legal profession. This paper will focus on New South Wales and how New South Wales has complemented legislative aspects to overcome the issues caused by increase of corporate law firms and the imbalance in the legal …show more content…
These Acts help direct regulation at areas where current issues with the change in the balance of legal practice exist , such as foreign lawyers and regulatory rules for incorporated legal practices. First, Part 2.7 of the LPA and Part 3.4 of the Uniform Law include governing provisions for foreign lawyers in New South Wales. The purposes of these provisions are to encourage and facilitate internationalisation of legal services in New South Wales . The provisions remove regulatory burdens to cross-jurisdictional work in Australia and increase the competitiveness in Australian legal services market . Secondly, Part 2.6 of the LPA and Part 3.7 of the Uniform Law regulate incorporated legal practices. The LPA contains more provisions than the Uniform Law. The provisions under the Acts mainly focus on the management of incorporated legal practices. Incorporated legal practices are required to have at least one legal practitioner director or a principal . This requirement assists regulatory bodies which are governed by Chapter 7 of the LPA . By appointing a principal or a legal practitioner director, legal practitioners are also subject to lifting of the veil in the same manner as other ordinary corporations

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