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The Australian Law Reform Commission has adopted the terminology 'client legal privilege', as opposed to 'legal professional privilege', on the basis the privilege is held by the client not the lawyer. [4] 'Client legal privilege' is the terminology used in Commonwealth and state evidence statutes.
The Law Institute Victoria (LIV) is a legal society in the Australian state of Victoria. It is the professional association for solicitors in Victoria, making rules to regulate their practice, and representing them to governments and other bodies. The institute was founded in 1859.
The Legal Profession Uniform Law Act (LPUL) took effect in New South Wales on 1 July 2015. [1] The Uniform Law creates a common legal services market across NSW and Victoria, encompassing almost three-quarters of Australia's lawyers. The scheme aims to harmonize regulatory obligations while retaining local performance of regulatory functions.
Legal professional rules have tended to adopt the broad view of the scope of duty recognised in contract law. The obligation to retain information in confidence, according to the professional rules in Australian jurisdictions is premised on its connection with the legal retainer rather than the source of the information. Hence, the professional ...
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9]
[61] The First Circuit does the same, but also holds attorneys to the rules of conduct for the state "in which the attorney is acting at the time of the misconduct" as well as the rules of the state of the court clerk's office. [62] Because federal district courts sit within a single state, many use the professional conduct rules of that state.
In 2000, the Victorian Bar launched a Legal Assistance Scheme in association with the Public Interest Law Clearing House, to coordinate pro bono work among barristers in Victoria. The Legal Assistance Scheme, now operating as the "Pro Bono Scheme" (the Scheme) and PILCH, now operating as "Justice Connect", has approximately 1,000 participants ...
In response, the Model Rules consists simply of Rules. [2] According to the Code's Preface, it was derived from the ABA's Canons of Professional Ethics (1908), which in turn were borrowed from the Canons of the Alabama State Bar (1887), which in turn were inspired by several sources such as ethics resolutions in an 1830s legal textbook.