University of Queensland Law Journal

Articles from Vol. 28, No. 2, December

Adding Value for Lawyers, Clients, and the Public: The Business Benefits of Ethically-Informed Practice
When [managers] claim that competition or capital markets are relentless in their demands, and that individual companies and managers have no scope for choices, it is on the strength of the false premise of determinism that they free themselves from...
Bounded Autonomy and Bounded Zeal
Many of the discussions of the proper model of lawyering dwell on the moral dilemmas a lawyer faces and the issue of the degree to which he or she ought to intervene in his or her client's choices. Some have argued that lawyers ought to act paternalistically...
Compliance Auditing of Law Firms: A Technological Journey to Prevention
The changing nature of the legal services marketplace in the 21st century has not only resulted in considerable challenges for practitioners but also challenges for those that are responsible for regulating the legal profession. The New South Wales...
Evidence in Legal Profession Disciplinary Hearings: Changing the Lawyers Paradigm
I INTRODUCTION From 1 December 2009 the discipline of legal practitioners in Queensland will be governed by two pieces of legislation--the Legal Profession Act 2007 (1) (LPA) and the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act)....
Fearless Advocacy and Bar Rule 60
I Introduction It is interesting being part of an academic discussion of events that bear one's name. I do think, however, that the decision by the stand-in Legal Services Commissioner concerning the complaints made against me raises some interesting...
Keim on the Muzzle Rule: A Reply and Joinder
I Background: Dr Haneef and the Keim Complaint A commission of inquiry has now established that the handling of the 'Haneef affair' by the Australian Government and the Australian Federal Police ('the AFP') was affected by poor processes of decision-making....
Lawyers, Language and Legal Professional Standards: Legal Services Commissioner V. Turley
I Introduction Lawyers have a duty to cooperate with other legal practitioners, with clients and with others they deal with in practice, and to treat them with courtesy. The duty includes the expectation that a practitioner will not use irresponsible,...
Regulation of the Queensland Legal Profession: The Quinquennium of Change
I THE CHANGE AGENDA Members of the legal profession are accustomed to change. They need to be. Whether it be the constant stream of statutory change, or the increasing number of cases decided by the courts (especially with its newfound electronic...
The Ethics of 'Transgressive' Lawyering: Considering the Defence of Dr. Haneef
This article serves two purposes. First, it provides a brief explanation of the extraordinary facts surrounding the arrest, charge and release of Dr Mohamed Haneef, and subsequent professional ethical complaint against his barrister. Second, it examines...
The 'Good' Tribunal Member - an Aretaic Approach to Administrative Tribunal Practice
[A]s tribunal members we are the keepers of a rare commodity in this world--a reservoir of public trust and confidence ... The question for us today is how do we fulfil our role as guardians of this valuable national asset? (1) I Introduction ...
The Queensland Solicitors' Conveyancing Reservation: Past and Future Development
Now all be ashes, the conveyancers pass, to be one with Babylon and Tyre. Great is Diana of the Ephesians, for the solicitors remain.--EH Tebbutt (1) I Introduction (2) Queensland is now the only State in Australia to reserve conveyancing work...
Warts and All: The Impact of Candour in Assessing Character for Admission to the Legal Profession
A person who seeks admission to the legal profession must be a fit and proper person to be admitted. (1) One aspect of that criterion is that the person is of good fame and character. (2) Past conduct has invariably been treated by admitting bodies...