Responsibilities

In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals. Notably, England, the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single dichotomy between barristers and solicitors. An equivalent dichotomy developed between advocates and procurators in some civil law countries; these two types did not always monopolize the practice of law, in that they coexisted with civil law notaries. Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer. Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. Oral argument in the courts Dr Alberico Gentili (1552-1608), one of the best known lawyers of the Renaissance. Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions. However, the boundary between barristers and solicitors have evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts. In countries like the United States, that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case. In other countries, like Venezuela or Portugal, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience. Research and drafting of court papers Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts and law while drafting legal papers and preparing for oral argument. In England, the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing). The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case. In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. Advocacy (written and oral) in administrative hearings In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law. In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991).[34] In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. Client intake and counseling (with regard to pending litigation) An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client's case, clarifies what the client wants to accomplish, shapes the client's expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains her or his fees to the client. In England, only solicitors were traditionally in direct contact with the client. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. In most cases barristers were obliged, under what is known as the "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practising, at a court at which they normally appeared and at their usual rates. Legal advice Main article: Legal advice Legal advice is the application of abstract principles of law to the concrete facts of the client's case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress. Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law. In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. Protecting intellectual property In virtually all countries, patents, trademarks, industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. Negotiating and drafting contracts In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above.In others, jurists or notaries may negotiate or draft contracts. Lawyers in some civil law countries traditionally deprecated "transactional law" or "business law" as beneath them. French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom (where solicitors have always done transactional work). Conveyancing Conveyancing is the drafting of the documents necessary for the transfer of real property, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists).Such a monopoly is quite valuable from the lawyer's point of view; historically, conveyancing accounted for about half of English solicitors' income (though this has since changed),and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries. In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.In some civil law jurisdictions, real estate transactions are handled by civil law notaries.In England and Wales a special class of legal professional–the licensed conveyancer–is also allowed to carry out conveyancing services for reward. Carrying out the intent of the deceased In many countries, only lawyers have the legal authority to draft wills, trusts, and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries this responsibility is handled by civil law notaries. In the United States, the estates of the deceased must generally be administered by a court through probate. American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized). Prosecution and defense of criminal suspects In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world.In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.

Lawyer Terminology

In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. In Australia, the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel). In Canada, the word "lawyer" only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor" in English. In England and Wales, "lawyer" is used to refer to persons who provide reserved and unreserved legal activities and includes practitioners such as barristers, attorneys, solicitors, registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and claims management services. The Legal Services Act 2007 defines the "legal activities" that may only be performed by a person who is entitled to do so pursuant to the Act. 'Lawyer' is not a protected title. In South Asia, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961. In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff. In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents or paralegals. In fact, there are regulatory restrictions on non-lawyers like paralegals practicing law. Other nations tend to have comparable terms for the analogous concept. Wiki

Lawyer

A lawyer is a person who practices law, as a barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms. Wiki

Why we should be encouraging young girls to become footy fans.

I recently read the article by Kasey Edwards on why she didn't want her daughter to be a footy fan.  Ms Edwards provided well thought out reasons on her views, and addressed the likely thoughts of those who would disagree with her position.

Essentially, she concluded that why would she want to put her daughter in a position where she was likely to be a minority, to face sexism and discrimination.  Valid point, but overall I disagree.  I agree that the change in attitude to women in sport, particularly in football will not change through one trailblazer (e.g. Sam Mostyn or Rebecca Madden), but we need to have a consistent and collaborative approach in order to facilitate change and let society know, 'hey it's ok that females are involved in footy!'.

I have a consistent message in all of my speeches on gender equality - change will come through Generation Y males purely based on the fact that they have not been exposed to an upbringing which would result in them having a high level of inherited subconscious bias (against women).  Male gen y's were the first generation where mothers worked full-time and fathers were primary care givers; they are used to having women in what was a traditionally male role.  The ripple effect will continue so much so that future generations will have even less of an inherited bias - well that is my hope.

By encouraging our children to challenge gender specific barriers, we will facilitate a change for the future.  While I fully respect the decision that Ms Edwards has made, I hope in years to come she will not have to be concerned about her daughter's welfare and the impact exposing her to football could have on her confidence, self-esteem and outlook on life.

To do this, we, as leaders of our generation, need to call out the sexist or discriminatory behaviour and celebrate women in sport, whether they be a player, spectator, coach, umpire or commentator.  To stay silent is to accept the conduct.

I don't have children, but I played hockey since I was 4, softball since I was 8, touch football since I was 9, and then in high school went into rowing, volleyball, soccer and continued with athletics and other school sports.  I maintain a high level of sport as I embark on my 30s and last year I started boxing.  As kids we played tackled red rover with the boys, challenged them in 'Force Back' and held our own in the kicking game.  We were never told we couldn't or shouldn't do that.  We were encouraged to participate, and I will adopt the same position for my children.  Parents would never tell their sons not to watch dancing, or participate in ballet because he may be laughed at, or be ostracised based on gender.  He would be encouraged to stand tall, put it past him and do what makes him feel happy.  The same should be for our daughters and football!

I hope that change for women in sport comes sooner rather than later.  As Ms Edwards highlighted, it is estimated that 40% of club members are women.  If the Australian sporting industry (in this I include clubs, players, sponsors, spectators, umpires and commentators) does not recognise the significant role women play in sport, it will be to the detriment of Australian sport, which is without a doubt a significant part, if not the largest part, of Australia's culture and identity.

I coach at, play for, and am a Non-Executive Committee Member at Toowong FC.  I am proud of the commitment they have made to girls and women in sport with their programs.  I call on all those involved to work towards making it more acceptable for women to have a role in Australian sport (especially football), even if it by way of watching and supporting your team, so that mothers like Ms Edwards don't have to be concerned with the impact it could have on their daughters.

Toowong Tomcats 2015 team. 

Women in Law Event hosted by QUT Law Society

Last night I gave an address at the QUT Law Society Women in Law event in my capacity as Vice-President of WLAQ.  It was held at Old Government House and over 50 students attended.

The QUT Law Society did a fantastic job as hosts and the event was inspiring.  The Chief Justice gave an address and spoke of the significant milestones that women lawyers have made in Queensland's history.

Following this, I gave the address below and spent some time with my fellow MinterEllison colleagues talking to the students about transitioning from student to lawyer.

Congratulations to QUT Law Society on hosting such a wonderful event.

 

I would like to acknowledge the efforts of the QUT Law Society in hosting tonight's event, along with our Chief Justice who has provided another inspirational speech, which I am sure you will all reflect on in years to come.

I am here tonight in my capacity as one of the Vice-President's of the Women Lawyers Association of Queensland, and to provide you with background knowledge about our organisation and our plans for you and the future for women in Queensland's legal profession. 

WLAQ was founded in 1978 by Leneen Forde AC and ten female lawyers including current President of the Land Court, Carmel MacDonald, Una Prentice, The Honourable Justice Margaret McMurdo President of the Court of Appeal and Noela L'Estrange former CEO of Queensland Law Society.

Past Presidents include Deputy Chief Magistrate Leanne O'Shea, Judge Sally Purdon-Sully, Magistrate Kay Ryan and Justice Jenny Hogan.  Her Honour, Justice Mullins served as Treasurer for 7 years.

We are an organisation created by the leading women lawyers in Queensland, and  continued to be run by women who are as equally as passionate about ensuring that the interests of women in the legal profession are protected.  It is at this time that I would like to express my thanks and gratitude to the Chief Justice for her address delivered at the 100th anniversary of the admission of Agnes McWhinney. 

The address contained a comprehensive overview of the history of women in Queensland's legal profession, commencing with Agnes' admission on 7 December 1915, and progressing to what the Chief Justice described as a particularly important first which occurred in 2015, one that was a very significant milestone for women, and a position she had doubted a woman would ever hold.  This milestone was the appointment of Sue Brown QC as the first female Vice-President of the Bar Association of Queensland.  This being WLAQ's first opportunity to publically acknowledge the Chief Justice following this address, on behalf of WLAQ I would like to acknowledge another significant milestone of 2015, that being the Chief Justice's appointment as Queensland's first woman Chief Justice.  I know I speak on behalf of all present tonight when I say thank you, not only for your contribution to women in the profession, but to the profession as a whole.

I would also like to echo your comments, that we can dare to dream of a woman President of the Bar Association, with the Law Society having achieved this milestone some 30 years prior with the election of Elizabeth Nosworthy. 

Some would ask, why in 2016 do we need an organisation such as WLAQ?  I do not propose to recite statistics, but want to emphasis the significant disparity between the ratio of female to male law graduates to the ratio of female to male QCs, Special Counsel and Partners.  The profession is loosing key women lawyers post 5 to 8 years admission, and adjustments to what used to be considered general practice for a lawyer, must be made.

At our last AGM we had 434 members, of which 147 were students.  WLAQ recognises the importance of ensuring our student membership is well represented and maintains an open relationship with all of the Universities so that we can work collaboratively in addressing issues that you face as you transition from student to lawyer.

Last year we released our 2015-2018 Strategic Plan, a first for WLAQ and an initiative I am proud to be apart of.  In this, we made a firm commitment to provide networking, educational and mentoring opportunities for our members.  I am pleased to report that we have made progress with this objective and our 2015/2016 Mentoring Program saw a significant increase in the number of mentee applications, that is applications by female law students requesting mentorship.  As students, this is where you will see the most benefits of being a member of WLAQ.

It is important that as you progress in your career you remain open to discussing your ideas and issues with those more senior than you.  It is through these conversations that we can recognise any systemic issues that may be presenting as barriers to your progression and assist you in finding solutions.  I acknowledge the reports of the unbalanced proportion of available positions to the number of law graduates.  However, when we look at your career progression, it is important that impediments to you staying in the legal profession are known so that, when we look at the other end of the spectrum, that is your movement into leadership positions, WLAQ as an organisation, can continue to do what it can to facilitate disruption and work towards equality.  It is now that I call upon the male law students in the room to commit to being a champion of change and look up to role models such as Dominic McGann.

Moving forward, I would encourage you to support each other as you graduate, when you are admitted, and as you progress through the ranks in your career.  It is important that we work together and have a support network amongst our peers.  WLAQ events are frequently attended by past Presidents and the executive, who often retell stories of their recent catch ups.   It is now that you will create friendships that are the foundation of your career relationships.

With that, I would like to extend an invitation to you all to attend the Una Prentice Awards, which are being held on 19 April 2016 at the College of Law.  The Awards celebrate the top female law student of each University, made possible thanks to the generous bequest of Una Prentice, the first female law graduate.

Thank you again to Harriette and the QUT Law Society for asking WLAQ to attend tonight and I wish you all the best with your career.

Gender equality improves in legal fraternity

I have always maintained that any improvement to gender parity and inequality issues will come through men taking the lead and becoming a role model to our younger generation.

It was great to talk to Brisbane Legal about the WLAQ Inter-Professional Evening and give my views on gender equality in the legal profession.

The full article can be found here.

Thank you again to the women I work with at MinterEllison for supporting me in organsing the event and coming along.

Andre Cois Photography

 

WLAQ Inter-Professional Evening 2016

It was absolutely amazing to host the 2016 WLAQ Inter-Professional evening last night.  This year, we invited Dr Kirstin Ferguson as our guest speaker.

Below is a recap of my introduction for Kirstin given in my capacity as Vice-President.

Andre Cois Photography 

Following on from Amelia's welcome, thank you all for attending tonight.

When I was looking for some inspiration on what I wanted my message to be for tonight's introduction, I came across an article in Women's Agenda today confirming that a portion of the cost of our work handbag may be tax deductible.  I completely digressed from the task and found myself on the Burberry website contemplating a rather expensive purchase.

I didn't go through with the purchase because my attention was diverted, correctly, back to the issue at hand.  Why are we, in 2016 still having to contemplate different arrangements for men and women.  There has never been any questions or debate raised over a men's ability to claim for his briefcase.  This is an issue I struggle with.  The ideas of feminism, along with the negative connotations post 1903 era of Emily Plunkett's radical feminism seem to have progressed, but our action in actually effecting change and achieving parity has not.

So much so it was reported this week in the PwC Women in Work Index that Australia has dropped from 17th to 20th (out of 33) in terms of female economic empowerment.  Of note, New Zealand is 4th and UK jumped from 21 to 16.  It is not that Australia is no longer taking action, it's just that the rest of the world is taking even moreaction.

This time last year, we were hosting our first Inter-Professional event with the newly appointed Minister for Women, Shannon Fentiman.  I spoke about how women no longer accepted "good enough", and with the taste of success, it was incumbent upon us all to selflessly work together, because we must continue to build on the success of the dedicated women before us.

I am pleased to say that progress for women in the legal profession in Queensland, particularly at the Bar, has not regressed, with the latest Supreme Court Annual Report confirming an increase in appearances by women in the Court of Appeal, criminal matters and civil matters. 

While my next comment may be interpreted as biased, I have no hesitation in stating that WLAQ continues to achieve success in advocating for women in the legal profession under the leadership of our current President.

It is through our deliberate action that we host tonight's event and allow our members an opportunity to network with other mid to senior professional businesswomen in Brisbane, to discuss the issues facing our everyday work life, enjoy a well earned wine, and to hear from a now former member of the legal profession, who, if I may be so bold to say, is absolutely killing it in the Boardroom.

Kirstin Ferguson is a lady who has a seat at the table and her career alone is an example of action that can be taken to achieve parity.  I first came across Kirstin through Twitter as we were both tweeting about union. 

I had an online stalk, and when reading through her resume, my immediate reaction was I need to meet this woman.  Currently on the Board for the ABC, the Queensland Theatre Company, previously Chairwoman of Thiess, and the first female director of Reds Rugby Union.  I wanted in on her inner circle, or in line with the latest buzz word � her squad!

With a PhD to go along side her degrees in Law and Arts (both of which she obtained with Honours), it is no surprise that Kirstin was named in the Australian Financial Review's 100 Women of Influence in 2014.

I am very much looking forward to hearing from Kirstin, and ask that you please make her welcome.