1. Practitioners have existing knowledge and experience of the profession – this will allow regulation to be well-directed and fair 2. Decisions made by a regulatory authority are more likely to have the respect of the profession if it is known that practitioners played a substantial role in its formulation 3. lawyers freedom to act for clients against the government or other powerful or other interests in the community might be seriously eroded if they were controlled largely from outside the profession 4. To preserve and develop the profession’s sense of responsibility for maintaining its standards, rather than to relegate it to a minor role in its own regulation. ii. DISADVANTAGES 1. Legal practitioners have limitations as members of regulatory authorities 2. They may also lack sufficient awareness and understanding of the impact of particular regulatory measures upon clients, potential clients and others outside the profession. 3. They are at risk of giving excessive weight to their own interests or those of lawyers, to the detriment of the broader public interest. 4. Legal practitioners may be too lenient towards aberrant lawyers, or too harsh towards lawyers who do not conform to the prevailing political or social values within the profession. B. INVOLVEMENT OF NON-LAWYERS i. ADVANTAGES • Involvement of non lawyers ensures that the interests of clients and potential clients are understood and given due consideration • Reduces the likelihood of government intervention of a kind which would gravely weaken the independence of the profession. • Strengthens public confidence if it is known that non-lawyers play a significant role in legal regulation.
The most concise and updated Legal Professional Conduct Study Notes for Australian Law Students.
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Approximately 22257 words over 42 pages. Prepared in 2019.