What’s in a name? that which we call a rose by any other name would smell as sweet; So Romeo would, were he not Romeo call’d, retain that dear perfection which he owes without that title.
This presentation will examine whether and how the restrictions on engaging in legal practice in Australia also apply to ‘lawyers’, who no longer hold a current practising certificate and thus fall somewhere between ‘laypeople’ and ‘legal practitioners’. In doing so, it will outline differences in what it means to ‘engage in legal practice’ between jurisdictions; the tests that have been applied by the courts; and whether the restriction of ‘lawyers’ can be justified by the need to protect the public from ‘unlawful operators’.
Dr Katie Murray is a Lecturer in Law at the University of Southern Queensland, where she teaches and researches in the area of lawyers’ ethics, including moral and philosophical perspectives. Prior to becoming an academic, Katie was admitted to practise as a legal practitioner of the Supreme Court of Queensland and the High Court of Australia and practised as a solicitor for a number of years. Katie no longer holds a current practising certificate, and was inspired to write this article when asked to witness a document for a colleague…
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