Legal Profession Act 2006
The Legal Profession Act 2006 is the principal instrument by which the legal profession is regulated. It is a law amounting to well over 600 pages when the regulations are included. Practitioners and members of the public wishing to check out the Act should also check the Regulations and the Solicitors' Conduct Rules to get the complete picture. The Act is administered by the Law Society in consultation with, and in some cases with the approval of, the Attorney-General.
Important provisions covered by the Act include:
- the admission and licensing of legal practitioners,
- trust money and trust accounts,
- cost disclosure and assessment,
- complaints and discipline,
- external intervention, and
- investigations.
Legal Profession Regulation 2007
The Legal Profession Regulation 2007 supports and amplifies the Legal Profession Act 2006. While regulations cannot be contrary to the law, they can establish administrative processes to assist regulators and those directly affected by it to apply and comply with the law.
The regulations cover:
- the licensing of legal practitioners,
- trust money and trust accounts,
- costs disclosure and assessment, and
- complaints and discipline.
Solicitors' Conduct Rules
The Legal Profession Act 2006 empowers the Law Society to make rules in relation to practice as a solicitor, as an Australian registered foreign lawyer and for incorporated legal practices and multi-disciplinary partnerships.
The application of the Rules is not limited to practitioners in private practice but extends to practitioners employed by corporations and other entities as well as government lawyers who hold practicing certificates.
