Page 4265 - Week 13 - Thursday, 25 November 1993

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ASPECTS TO THE REGULATION OF THE LEGAL PROFESSION IN THE ACT COMPARED WITH ELSEWHERE IN AUSTRALIA. THEY INCLUDE THE ABSENCE OF FEE SCALES FOR LEGAL SERVICES THAT DO NOT INVOLVE LITIGATION, THE ABSENCE OF ADVERTISING RESTRICTIONS. AND THE FUSION OF THE BARRISTER AND SOLICITOR STREAMS OF THE PROFESSION AS REGARDS ADMISSION TO PRACTICE. HOWEVER, THESE POSITIVE ASPECTS OF THE LEGAL PROFESSION IN THE ACT DONT NECESSARILY MEAN THAT CONSUMERS OF LEGAL SERVICES IN THE TERRITORY HAVE THE BENEFIT OF VIGOROUS COMPETITION AMONG PRACTITIONERS. THAT REQUIRES NOT ONLY THE ABSENCE OF UNNECESSARY REGULATION, BUT ALSO THE PRESENCE OF AN ETHOS OF COMPETITION AMONGST PRACTITIONERS.

THE DRAFT REPORT RECOMMENDS FURTHER CHANGES, BOTH IN THE ACT AND INTERSTATE, TO MAKE LEGAL SERVICES MORE COMPETITIVE. THEY INCLUDE:

• ENDING LAWYERS MONOPOLY ON CONVEYANCING AND OTHER SERVICES SUCH AS WILLS AND PROBATE, UNCONTESTED DIVORCES AND SIMPLE INCORPORATIONS;

• INTRODUCING A CONDITIONAL SUCCESS FEE; AND

• ALLOWING LAWYERS TO INCORPORATE AND TO OPERATE PRACTICES WITH OTHER PROFESSIONALS SUCH AS

ACCOUNTANTS.

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