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Lawyers in Australia 3rd edition
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Lawyers in Australia 3rd edition

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Overview
Published 31 July 2015 (Federation Press)
ISBN: 9781760020354. Soft Cover, 400 pages.
Description

By Ainslie Lamb AM, John Littrich and Karina Murray

Lawyers in Australia is a wide-ranging and detailed examination of the legal profession and its ethical framework. It contextualises the role, responsibilities and ethics of lawyers in contemporary Australian society and discusses recent trends and issues. It has proved to be a popular text for the teaching of Legal Ethics courses since the first edition in 2007.

This third edition incorporates the latest developments in both law and contextual issues, and provides detailed coverage of the new Legal Profession Uniform Law and associated Rules. It also updates statistical information relating to lawyers and the make-up of the legal profession in Australia, and references recent studies and commentary in relation to lawyers and the legal profession. Revised discussion and research questions relating to each chapter continue to make it a useful teaching resource. Its detailed examination of the legal profession, its ethical framework, access to justice and consideration of future issues confronting the legal profession, all make it of interest and relevance to academic, student and practitioner.


CONTENTS

Prologue

PART I - THE SOCIOLOGICAL CONTEXT

Lawyers 
Legal Education in Australia 
The Development of the Legal Profession in Australia 
Legal Culture 
The Judiciary 
The Delivery of Legal Services 
Access to Justice – Meeting the Costs 
Access to Justice – Equality before the Law 
Access to Justice – Indigenous Australians

PART II - THE ETHICAL CONTEXT

Ethics, Values and Professional Responsibility 
Conduct, Complaints and Discipline 
The Lawyer-Client Relationship – The Retainer and the Duty of Representation 
The Lawyer-Client Relationship – The Duty to Advise 
The Lawyer-Client Relationship – The Duty of Competence and Care 
The Lawyer-Client Relationship – The Duty of Loyalty 
The Lawyer’s Duty to the Court and the Proper Administration of Justice 
The Lawyer’s Duty to Other Members of the Profession and to Third Parties

Epilogue

Index


REVIEWS

Reviews of previous editions:

There is a great distance a student must travel between graduating from law and practising it. Unfortunately there is no app to navigate it. There is, however, the second edition of Lamb and Littrich’sLawyers in Australia which offers to contextualise the practice and responsibilities of becoming a lawyer. Practitioners who already have the first edition may be interested in the updates on the National Legal Profession Project. 
            The authors have experience both as practising lawyers and in training lawyers for legal practice at the University of Wollongong. Lamb has experience as a lecturer at the Leo Cussen Institute and in development of the Bar Admission Course in Ontario, Canada. ... 
           Many of the topics covered are the subject of longstanding academic and social debates. There are topics which new lawyers may need guidance in, such as pursuit of work–life balance and the role of legal aid. 
           This text would be ideal on the primary or recommended reading list for legal practice courses or professional responsibility courses. It would be a useful reference tool for law trainees and new lawyers as well as a go to resource for the office or chambers.

Tasman Fleming, InPrint, Law Institute Journal Victoria, September 2012

This textbook is an enjoyable read. The authors divide Lawyers in Australia into a sociological perspective and an ethics section.
            I found the part on the sociological context particularly interesting. The authors provide a historical and comparative understanding of the legal profession in the Australian, United Kingdom, Canadian, and the United States jurisdictions. They discuss the proper use of the term “lawyer” and the very important historical distinction of “barrister” and “solicitor” as well as the educational requirements and standards needed for entering our profession.
           This makes Lawyers in Australia a recommended read for law students wanting to know what the legal profession is about other than getting a set of letters (i.e. LLB) behind one’s name. Read full review...

Alexis N Gage, Hearsay, December 2011

Students completing their bachelor of laws in jurisdictions where the study of ethics is compulsory (this is not the case in WA), and all graduates completing admissions courses, will find the section on ethics a very useful summary. It deals with ethical codes, the client-lawyer relationship and the lawyer’s duty to the court, to other members of the profession and third parties. The client-lawyer relationship incorporates detailed analysis of the retainer, the duty to advise, the duty of competence and care and the duty of loyalty. This section is also a primer for lawyers who wish to enlarge their understanding of the law underpinning professional conduct rules and the law relating to professional privilege and lawyer liability. 
           The sociological context covers the definition of a lawyer and legal work, the development of the Australian profession and professional institutions like law societies, fidelity funds and public purposes funds. There is a broader discussion about the role of the judiciary, the legal culture, the costs and delivery of legal services and access to justice that is general background for any lawyer or student preparing to undertake specific law reform analysis. 
           To a certain extent the authors create for law students a tempered but nevertheless heroic context for their future practice of the law, emphasising what the law can do. The book would be a useful addition to a firm library, particularly if that firm engages winter and summer clerks and articled clerks and graduate trainees.

Law Society Journal of Western Australia, November 2007

 
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