Global efforts to reform legal services regulation will hit the Australian state of Victoria in October with the introduction of multi-disciplinary partnerships (MDPs) and direct access to barristers.
The Legal Profession Act 2004 will impact on just about every area of legal practice and forms part of a national effort to harmonise state and territory laws, and so remove the barriers to national practice in Australia. As a result, a Victorian practising certificate will allow a lawyer to work anywhere in the country.
Victoria already has independent regulatory oversight, but it will be transformed into a beefed-up legal services board. The board's chief executive will also be the legal services commissioner, who will initially handle all complaints. Their investigation may then be delegated to the professional bodies.
The professional associations - the Law Institute of Victoria for solicitors and the Victorian Bar - will continue as membership bodies that will develop professional rules, subject to approval by the board.
MDPs and incorporated legal practices are being introduced to allow lawyers to be part of organisations that can provide non-legal services. The lawyers involved in the firms will be held responsible for legal work undertaken and for the professional conduct of non-lawyer partners.
Changes to the bar include direct access for clients and making formal robing optional in any non-jury proceedings.
John Cain, chief executive of the Melbourne-based Law Institute, said MDPs and incorporated practice offered greater flexibility in the way firms can manage and structure their businesses. However, he said that while lawyers in the neighbouring state of New South Wales have had the opportunity to incorporate for some time, 'there has not been widespread take-up'.
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