The Legal Profession
What is the role of a lawyer? This chapter explains the different types of lawyers and their obligations to clients as well as the rules and qualifications required to practice as a lawyer. The role of the Legal Profession Board (governing lawyers’ conduct), how a lawyer is dealt with if a complaint is made and the remedies available is also explained.
Overview
Many people who come into contact with the law will feel out of their depth. Lawyers are a means of contact with the law so that people can feel that they are not lost in the difficult language and complicated processes of the law. This is why lawyers have obligations on them to communicate with ...
The Regulatory Framework
Much of the legal system, especially the courts, depends on lawyers to make it work effectively. Public confidence in the competence and integrity of the legal profession is very important. This means that there are strict requirements for entry to the legal profession. There is also strict regul...
Qualifications to Practice
Lawyers practising in Tasmania must have a university law degree. Generally most students now complete combined degrees in Arts/Law, Economics/Law, Commerce/Law and Science/Law over five years. Completing a law degree in three years is notoriously difficult and labour intensive. To practise as la...
Professional Conduct
Lawyers can advertise for business, particularly the areas of law in which they claim to specialise, though practices which are likely to bring lawyers or the legal system into ‘disrepute’ are not allowed. Lawyers must be competent in carrying out their work, complete work in a reasonable time an...
Legal Profession Board
If a person has a complaint about the way a lawyer has dealt with their work they can contact the Legal Profession Board of Tasmania. The Legal Profession Board is a statutorily independent body. It is the sole body in Tasmania dealing with complaints against legal practitioners. It consists of s...
Legal Remedies – Complaints against Lawyers
Types of Complaints The nature of the complaint against a lawyer determines the remedy that may be obtained by the client. Complaints fall into four main categories: delay in handling work; poor quality of work; excessive fees; and incorrect handling of trust funds. Another type of complaint ...
Lawyers’ Remedies
Suing If a person does not pay a lawyer’s account it becomes a debt which the lawyer can recover like any other debt. The Legal Profession Board cannot stop this from happening. Keeping Papers In some instances a lawyer may refuse to return a client’s papers unless the client pays the lawyer’s...
The Law Society of Tasmania
The Law Society of Tasmania provides an internet search function at https://www.lst.org.au/find-a-lawyer/ to find a suitable lawyer according to practice area and location in Tasmania. It also lists the law firms that exist in Tasmania. The Law Society cannot provide legal advice. It is han...
Time Limits
If someone has a legal claim against another person, they should get legal advice about it as soon as possible. One very important reason is that most legal actions must be started within a particular period of time. Usually this will be a number of years, but in some cases the time period can be...
Page last updated 19/03/2018