Law Society of New South Wales

Last updated

Law Society of New South Wales
Formation1842 (formally 1884)
Location
Official language
English
Key people
Brett McGrath, President Kenneth Tickle, CEO
Website www.lawsociety.com.au

The Law Society of New South Wales is a professional association which represents over 42,000 solicitors in Australia. [1] [2] The Law Society has statutory powers and regulates the practice of law in New South Wales. [3]

Contents

The Law Society of NSW encourages debate and actively drives law reform issues through policy submissions [4] and open dialogue with governments, parliamentary bodies, the courts and the New South Wales Department of Justice. It ensures the general public has appropriate access to justice and can be easily connected to members of the profession when they require legal advice.

Along with the Office of the Legal Services Commissioner, the Law Society sets and enforces professional standards, [5] licenses solicitors to practise, investigates complaints and administers discipline to ensure both the community and the profession are properly served by ethical and responsible solicitors.

The coat of arms of the Law Society of NSW Arms of the Law Society of New South Wales.svg
The coat of arms of the Law Society of NSW

History

The Law Society was informally started in 1842. [6] In 1884, the society was formalized as "The Incorporated Law Institute of New South Wales", and had its first annual meeting the following year.

In 1960, the institute was renamed to "The Law Society of New South Wales". In 1963, the Society started publishing The Law Society Journal. The society also established the College of Law in 1973, the Legal Practitioners Act 1987 (NSW), Law Industry Superannuation Trust (LIST) and LawCare in 1989, and the Office of the Legal Services Commissioner in 1992. Vis-a-vis the Office of the Legal Services Commissioner (OLSC), alternatively, according to a 1994 leaflet from the OLSC, the OLSC was set up by the NSW government not the Law Society, and in July 1994 not 1992, by way of an amendment to the Legal Profession Act 1987, in particular Part 10. The 1987 Act was repealed in 2005 and replaced with the Legal Profession Act 2004 - in particular see Part 7.3.

The origins of the Office of the Legal Services Commissioner Legal Services Commissioner 1994 Leaflet side b.jpg
The origins of the Office of the Legal Services Commissioner

List of presidents

YearNameEmployer
1884–1891John Williams [7] NSW Crown Solicitor
1892–1908 William Pigott [8]
1909–11F Curtiss
1912–14EA Smith
1915–17HCE Rich
1918–20AM Hemsley [9]
1921–23AC Stephen
1924–26DW Roxburgh
1927–29MAH Fitzhardinge
1930–32AN Littlejohn
1933–35JE Gosling
1936APN Dalrymple
1937–39WG Forsyth
1940JW Stevenson
1941–43WJ Baldock
1944–45JG Crowther
1946D Barron
1947–49 Arthur E. Abbott Parner, Garland Seaborn & Abbott
1950GA Yuill
1951–52RZ de Ferranti
1953–54WER Francis
1955–56LW Taylor
1957–58TGD Marshall
1959NL Cowper
1960–61 John Watling Partner, Sly & Russell
1962–63K Smithers
1964–65BJ McDonald
1966–67WRD Stevenson
1968–69CH Dunlop
1970–71JK Bowen
1972–73JR Broadbent
1974–75 Alan Loxton
1976–77MM Hooke
1978DG Barr
1979DG Mackay
1980AJ Mitchell
1981MJ Gill
1982 Mahla Pearlman
1983DE McLachlan
1984 Rod McGeoch
1985F Herron
1986Kim A Garling
1987KH Dufty
1988WV Windeyer
1989BE Thornton
1990GM Roberson
1991DA de Carvalho
1992 John R Marsden Founding Partner, Marsdens Law Group
1993John NelsonPartner, Gadens
1994DG Fairlie
1995DM Stack
1996ND Lyall
1997PV Fair
1998Ron K Heinrich
1999Margaret C Hole
2000John FS North
2001Nick K Meagher
2002Kim Cull
2003Robert JC Benjamin
2004Gordon A Salier
2005John E McIntyre
2006June McPhie
2007Geoff J Dunlevy [10] Partner, Rhodes Kildea
2008Hugh I Macken
2009Joseph J Catanzariti [11] Partner, Clayton Utz
2010Mary J Macken
2011Stuart D Westgarth [12] Partner, HWL Ebsworth
2012Justin J Dowd [13] Partner, Watts McCray
2013John C Dobson [14]
2014Ros E Everett [15] Partner, Everett Evans
2015John F Eades [16] Partner, Noyce, Salmon & D'Aquino
2016Gary S Ulman [17] Partner, Minter Ellison
2017Pauline WrightPartner, PJ Donnellan & Co
2018Doug Humphreys OAM [18]
2019Elizabeth Espinosa [19]
2020Richard Harvey [20]
2021Juliana Warner [20] Partner, Herbert Smith Freehills
2022Joanne van der PlaatPartner, Blaxland Mawson & Rose
2023Cassandra BanksPartner, CB Legal
2024Brett McGrathPartner, Marsdens Law Group

Structure and organisation

The Law Society is governed by an internal Council, the Legal Profession Act 2004 (NSW) and the Corporations Act 2001 (Cth). The Council meets monthly and has 15 elected members who sit for 3 year terms and one appointed member who sits for 1 year. The Council has 1 country lawyer councillor, 1 suburban lawyer councillor, 1 city lawyer councillor, 1 corporate lawyer councillor, 1 government lawyer councillor, 1 large firm lawyer councillor, 1 NSW Young Lawyers councillor (appointed), and 8 general councillors. [21] Law Society Councillors sit on the boards of LawCover (legal insurer), the NSW Legal Practitioners Fidelity Fund, the Legal Profession Admissions Board, the Public Interest Advocacy Centre (among others).

The Law Society has 23 committees devoted to different aspects of law.

Pro-bono work

The society started a voluntary "Pro Bono Scheme" in 1992. [22]

See also

Related Research Articles

<span class="mw-page-title-main">Barrister</span> Lawyer specialised in court representation in certain jurisdictions

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.

<span class="mw-page-title-main">Notary public</span> Civil position that certifies documents and administers oral oaths and affirmations

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.

Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.

A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.

A licensed conveyancer is a specialist legal professional in the United Kingdom, New Zealand, Australia or South Africa who has been trained to deal with all aspects of property law.

The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966.

<span class="mw-page-title-main">Law Society of Singapore</span> Singaporean professional association for lawyers

The Law Society of Singapore is an organisation which represents all lawyers in Singapore. The Law Society of Singapore is a law society and is analogous to what is called a Bar Association in many countries and should not be confused with the Singapore Academy of Law.

Joseph Charles Campbell is a former judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.

The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT.

<span class="mw-page-title-main">Wayne Haylen</span> Australian judge

Wayne Roger Haylen KC is a Judge of the New South Wales Industrial Court.

<span class="mw-page-title-main">John McMillan (public servant)</span> Australian bureaucrat

Professor John Denison McMillan was the Acting New South Wales Ombudsman.

In Australia, trust money in the legal industry is the money a law practice holds on behalf of a client or other people in the course of, or in connection with, the provision of legal services. Trust money is required to be held by a law firm on a client's behalf in a trust account with a bank and is highly regulated. A lawyer or law firm should not appropriate a client's trust money until certain regulations are met, which are different for each state in Australia. The Australian system regulating lawyers and their trust accounts has been labeled by the Rudd Government as an "unwieldy monster".

The New South Wales Crown Solicitor's Office (CSO) is an executive government agency of the New South Wales Department of Justice in Australia that has the role of providing legal services to the government, its agencies, and its statutory authorities. The Office practices in twelve areas of law, namely administrative law, child protection law, commercial law, community law, constitutional law, coronial law and inquiries, criminal law, employment law, government law, native title law, property law, and tort law. The Office frequently instructs barristers with regard to civil matters.

Thomas Spohr is an Australian solicitor with NSW Legal Aid and former prosecutor. He was an appointed councillor of the Law Society of New South Wales, and was President of NSW Young Lawyers in 2014. Spohr is a board member of the Tristan Jepson Memorial Foundation, and a member of the Legal Profession Admission Board Legal Qualifications Committee, which is charged with accrediting law degrees in New South Wales. He was the chair of the New South Wales Young Lawyers Criminal Law Committee for over three years and Treasurer of NSW Young Lawyers in 2011.

<span class="mw-page-title-main">Solicitor General for New South Wales</span> Second law officer for the state of New South Wales, Australia

Solicitor General for New South Wales, known informally as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General. They can exercise the powers of the Attorney General in the Attorney General's absence. The Solicitor General acts alongside the Crown Advocate, and Crown Solicitor, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian state of New South Wales.

<span class="mw-page-title-main">Minister for Youth Justice (New South Wales)</span> Government minister in New South Wales, Australia

The Minister for Youth Justice, formerly Minister for Juvenile Justice, is a ministry in the administration of New South Wales. The position supports the Attorney General and has occasionally been held concurrently with that office.

Kate Eastman is a leading Australian human rights lawyer and academic. She was co-founder of the Australian Lawyers for Human Rights (ALHR) in 1992 and was for many years President.

To be given the title "accredited specialist", is the highest accreditation attainable as a solicitor in Australia. To become an accredited specialist, a solicitor must meet certain requirements and go through various examination stages, testing their skills and knowledge in the specific area of the law that they are competent in. Once a solicitor fulfils the requirements, they are entitled to use the prestigious title of accredited specialist after their name to differentiate themselves as experts in that area of law.

References

  1. "The Law Society of New South Wales Homepage". The Law Society of New South Wales. Retrieved 20 August 2016.
  2. "Professional Standards Council Home". New South Wales Professional Standards Council. Archived from the original on 15 June 2013. Retrieved 10 January 2013.
  3. http://www.lawlink.nsw.gov.au/lawlink/psc/ll_psc.nsf/vwFiles/Scheme_LawSociety_Summary_nsw_20062011.pdf/$file/Scheme_LawSociety_Summary_nsw_20062011.pdf retrieved 2010-10-27 Archived 30 October 2009 at the Wayback Machine
  4. "Policy Submissions 2018 | the Law Society of NSW". www.lawsociety.com.au. Retrieved 24 September 2013.
  5. "Practising law in NSW | the Law Society of NSW". www.lawsociety.com.au. Retrieved 24 September 2013.
  6. "Law Society of NSW – History". Lawsociety.com.au. Retrieved 27 July 2012.
  7. "THE LAW INSTITUTE". Australian Star. 29 September 1888. p. 7 via Trove.
  8. "Death of Hon. W. H. Piggot". The Evening News . 15 March 1909. p. 6. Retrieved 21 May 2021 via Trove.
  9. "SYDNEY LEGAL FIGURE". West Australian. 13 July 1937. p. 16 via Trove.
  10. http://justinianarchive.com/828-article  ; http://justinianarchive.com/833-article
  11. "President | the Law Society of NSW". Archived from the original on 12 November 2009.
  12. "President | the Law Society of NSW". Archived from the original on 19 February 2011.
  13. "President | the Law Society of NSW". Archived from the original on 14 May 2012.
  14. "President | the Law Society of NSW". Archived from the original on 11 August 2013.
  15. "President | the Law Society of NSW". Archived from the original on 13 February 2014.
  16. "President | the Law Society of NSW". Archived from the original on 20 March 2015.
  17. "President | the Law Society of NSW". Archived from the original on 18 April 2016.
  18. "President's message - 29 October 2018 | The Law Society of NSW". www.lawsociety.com.au. Retrieved 21 December 2020.
  19. "Former Law Society President appointed as Land and Environment Court Commissioner | The Law Society of NSW". www.lawsociety.com.au. Retrieved 21 December 2020.
  20. 1 2 "Law Society of NSW announces 2021 President | The Law Society of NSW". www.lawsociety.com.au. Retrieved 21 December 2020.
  21. "Law Society of NSW – Council". Lawsociety.com.au. Retrieved 27 July 2012.
  22. "Law Society of NSW – Pro Bono Scheme". Lawsociety.com.au. Retrieved 28 December 2010.