Legal Profession Uniform Rules 2015 Announced
Friday 29 May 2015 @ 11.21 a.m. | Judiciary, Legal Profession & Procedure | Legal Research
The day after New South Wales Attorney General, Gabrielle Upton, introduced the Legal Profession Uniform Law Application Legislation Amendment Bill 2015 into Parliament saw the announcement of the final versions of the Legal Profession Uniform Rules. The Rules represent the final hurdle to cross by NSW and Victoria towards a common legal service market.
Outline
The new regulatory framework introduced by the new rules will take effect on the 1 July 2015. The new framework has been welcomed by the legal community with Law Council of Australia president-elect Stuart Clark praising it for the cost savings it brings to lawyers and clients. He says:
“Compliance costs for law firms operating in multiple jurisdictions will fall, and this will flow on to clients.”
The current framework in place in NSW has been described as particularly challenging for small firms which tend to struggle to find the resources to address compliance issues. The framework will also ease any transition between states for lawyers with new employment opportunities.
Background
The Rules follow the passage of the Legal Profession Uniform Law through NSW and Victorian Parliament in 2014. As we have outlined here, the Uniform Law aims to standardise the legal profession across the two jurisdictions (NSW and Victoria) and possibly other jurisdictions, should they opt to be included in the future. The matters to be governed include practising certificate types and conditions, maintaining and auditing of trust accounts, continuing professional development requirements, complaints handling processes, billing arrangements and professional discipline issues.
Other states and territories will have the option of joining once the regulatory framework is up and running in New South Wales and Victoria.
The Rules
The Rules introduced are as follows:
Legal Profession Uniform Admission Rules 2015
These rules provide for aspects of admission to the legal profession in participating jurisdictions including –
- specifying the academic qualifications prerequisite and practical legal training prerequisite for admission;
- accrediting and reaccrediting law courses and providers of practical legal training; and
- procedural requirements for admission to the legal profession.
Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015
These Rules set out provisions contemplated by the Uniform Law relating to continuing professional development for barristers.
Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015
These Rules provide the minimum requirements for continuing professional development for solicitors.
Legal Profession Uniform Conduct (Barristers) Rules 2015
These Rules ensure that barristers:
- act in accordance with the general principles of professional conduct;
- act independently;
- recognise and discharge their obligations in relation to the administration of justice; and
- provide services of the highest standard unaffected by personal interest.
Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015
These Rules assist solicitors to act ethically and in accordance with the principles of professional conduct established by the common law and these Rules.
Legal Profession Uniform Legal Practice (Solicitors) Rules 2015
These Rules regulate aspects of legal practice by solicitors.
Legal Profession Uniform General Rules 2015
These Rules set out provisions contemplated by the Uniform Law (other than provisions that are or may be included in the Admission Rules, the Legal Practice Rules, the Legal Profession Conduct Rules or the Continuing Professional Development Rules).
How will Uniform Law Affect the Legal Practice
The release of these Rules will put the NSW and Victorian governments on track to release standardised uniform legal profession regulations by 1 July 2015. According to NSW Legal Services Commissioner, John McKenzie, a new fundamental principle will govern billing practices under the uniform law that will see a complete overhaul of cost disclosure.
Mr. Kenzie describes:
“There must be informed consent by the client about the course that the matter is going to take and how it is going to be run, but also about the estimated costs…If, during the course of the matter… [an] earlier estimate is no longer accurate but will be exceeded, then the lawyer has an ongoing responsibility to make sure they communicate that to the client.”
Lawyers are required to make sure the client understands what is being proposed, for instance with a face-to-face or at least a telephone conversation. Mr. McKenzie explains that this is the biggest day to day change that the legal profession is going to experience as a result of the Uniform law.
A further reform, which will affect lawyers working in personal injury law, is the removal of the 2005 prohibition on advertising in NSW.
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Sources:
Rules to govern NSW and Vic lawyers locked in
How will the Uniform Law affect your practice?
Legal Profession Uniform Law Rules as reproduced in TimeBase LawOne
