Legal profession and community to benefit from reform

The Queensland Parliament has unanimously approved reforms to the legal profession that will provide greater protection for the community using legal services.

Attorney-General Kerry Shine said the Legal Profession Bill 2007 passed by Parliament tonight implemented national model laws developed to remove regulatory barriers for the profession and consistent protection for consumers.

“The new provisions on legal costs will provide greater consumer protection,” Mr Shine said.

Mr Shine said the new provisions concerning trust accounts and professional costs were based on the national model laws developed through the Standing Committee of Attorneys-General.

“The new trust account provisions will continue to protect clients whose money is held in trust by law practices,” Mr Shine said.

Mr Shine said the new provisions on legal costs would provide greater consumer protection.

“Important safeguards include stricter disclosure requirements, provision for the setting aside of unfair costs agreements, prohibition of contingency fees, capping of uplift fees, better billing practices and costs assessments under the rules of court,” Mr Shine said.

To ensure all law firms have sufficient time to comply with the new provisions, law practices will have until 1 January 2008 to comply with the new professional costs requirements and 31 March 2008 for the trust account measures.

Mr Shine said the new legislation would also pave the way for greater participation in the provision of pro bono legal services.

He said the implementation of the model laws would establish a truly national legal profession.

The benefits of implementing the model laws included:

·nationally consistent standards for admission to the legal profession;

·recognition of interstate practising certificates;

·strengthening of complaints and disciplinary processes for lawyers, including the local enforcement of interstate disciplinary action;

·nationally consistent trust account requirements;

·nationally consistent costs disclosure requirements;

·nationally consistent criteria for the assessment of costs;

·nationally agreed inter-jurisdictional fidelity fund arrangements;

·new business structure options for legal practices, namely incorporated legal practices and multidisciplinary practices; and

·nationally agreed regulatory arrangements for foreign lawyers.

Mr Shine said a joint working group including representatives from each jurisdiction from around the country and Law Council of Australia to continue to monitor the model legislation and to report to the Standing Committee of Attorneys-General.

“Jurisdictions have agreed that further changes to the model, unless urgently required, will be considered as part of a two-year post-implementation review,” Mr Shine said.

22 May 2007
Media contact: Kirby Anderson (Mr Shine’s office) 3239 6400 or 0418 197 350
kirby.anderson@ministerial.qld.gov.au