Legal Profession Act 2004

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The Legal Profession Act 2004 is an Act of the Parliament of Victoria which outlines the accreditation requirements for the legal profession in the Australian state of Victoria. [1]

An act of parliament, also called primary legislation, are statutes passed by a parliament (legislature). Act of the Oireachtas is an equivalent term used in the Republic of Ireland where the legislature is commonly known by its Irish name, Oireachtas. It is also comparable to an Act of Congress in the United States.

Parliament of Victoria bicameral legislature of the Australian state of Victoria

The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria. It follows a Westminster-derived parliamentary system and consists of The Queen, represented by the Governor of Victoria; the Legislative Assembly; and the Legislative Council. It has a fused executive drawn from members of both chambers. The Parliament meets at Parliament House in the state capital Melbourne.

Victoria (Australia) State in Australia

Victoria is a state in south-eastern Australia. Victoria is Australia's smallest mainland state and its second-most populous state overall, thus making it the most densely populated state overall. Most of its population lives concentrated in the area surrounding Port Phillip Bay, which includes the metropolitan area of its state capital and largest city, Melbourne, Australia's second-largest city. Victoria is bordered by Bass Strait and Tasmania to the south, New South Wales to the north, the Tasman Sea to the east, and South Australia to the west.

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Lawyer legal professional who helps clients and represents them in a court of law

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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.

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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 a "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.

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The Law Institute Victoria (LIV) is a legal society in the Australian state of Victoria. It is the professional association for solicitors in Victoria, making rules to regulate their practice, and representing them to governments and other bodies. The Institute was founded in 1859. The current President, since 1 January 2019, is Stuart Webb and the current CEO is Adam Awty.

Admission to practice law

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The Malaysian Bar is a professional body which regulates the profession of lawyers in peninsular Malaysia. In Malaysia, there is no distinction between a barrister and a solicitor, in that, it is a fused profession. Membership into the Bar is automatic and mandatory. The bar was created under the Legal Profession Act 1976. Like other bar associations around the world, it has a wide range of functions, including, to protect the reputation of the legal profession, to uphold the cause of justice, to express its views on matters relating to legislations, and others.

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The Legal Services Board is an independent body responsible for overseeing the regulation of lawyers in England and Wales. It is a non-departmental public body sponsored by the Ministry of Justice, created through the Legal Services Act of 2007.

Victoria Legal Aid (VLA) is an organisation that focuses on helping and protecting the legal rights of socially and economically disadvantaged people in the state of Victoria, Australia. It provides information, referral, advice and legal representation services in family, civil and criminal law within Victoria.

The Law Society of New South Wales is a professional association which represents over 29,000 solicitors in Australia. The Law Society has statutory powers and regulates the practice of law in New South Wales.

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In Australia, Trust money is held by a law firm on a client's behalf in a trust account with a bank. Trust money is held in connection with the provision of legal services 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 Legal Profession Uniform Law Act (LPUL) took effect in New South Wales on 1 July 2015. The Uniform Law creates a common legal services market across NSW and Victoria, encompassing almost three-quarters of Australia’s lawyers. The scheme aims to harmonize regulatory obligations while retaining local performance of regulatory functions.

References

  1. "Legal Profession Act 2004". Australasian Legal Information Institute. Retrieved 2 October 2015.