Law reform is a 'frontline service'

Integrated frontline services

Under the Legal Profession Act 2007 (Qld) ('LPA'), the Minister may approve grants for the purpose, amongst other things, of 'the advancement of law reform.' Grants come from the Legal Practitioner Interest on Trust Accounts Fund ('LPITAF'). In 2012 the Attorney-General ordered a review of the application of these funds ('LPITAF Review'). The focus of the review was the alignment of fund distribution with the government's strategic objectives of 'front line' service delivery.

On 26 November, the Queensland government introduced the Justice and Other Legislation Amendment Bill 2014 ('Bill'). The omnibus bill seeks to amend over 30 Acts including s289(1)(h) of the LPA - the provision for grants to advance law reform. Instead, the proposal is that funds may be applied under this subsection only for the purpose of:

facilitating access to the legal system, legal information and education and legal services for members of the community, particularly economically or socially disadvantaged members of the community.

This captures many of the previous purposes of the grants, but not the advancement of law reform.  The Bill states that this amendment

reflect[s] changes as a result of the implementation of recommendations resulting from the Review of the Allocation of Funds from the Legal Practitioner Interest on Trust Accounts Fund

The LPITAF Review, however, did not recommend removing law reform from the purview of the fund. Even if it did so, this amendment ignores substantial evidence about the strategic nature of investment in law reform work in the efficient and effective delivery of justice, particularly to economically and socially disadvantaged members of the community.

In other words, the proposed amendment directly contradicts the government's stated strategic objectives. This proposed amendment should be rejected.

Thinking Like a Lawyer – the Good the Bad and the Ugly

First year law students are invariably regaled with the mantra of learning to think like a lawyer: that law school is all about developing this skill.  As some have identified, 'thinking like a lawyer' is a nebulous concept at best, or at worst, a 'self-aggrandising sham...to justify the existence of a...special lawyer class'. 

There is however a mounting body of evidence to show that the culture of the law, including the way that lawyers think, is linked to stress experienced by law students and legal practitioners alike. (For example, see here and here.) 

While this creates issues for the sustainability of the legal profession as it sees an exodus of early- and mid-career practitioners, and women in particular, I believe it also takes a toll on the personal lives and relationships of lawyers.

A Reflection on the Mabo Case

There has (rightly) been a lot of celebration and a lot of discussion in the mainstream media and social media about today, Mabo Day - the 20th anniversary of the landmark High Court decision that has changed the course of land rights in Australia, and a few other things also.

I've been reflecting on the Mabo decision and what it represents for me - a non-Indigenous Australian property lawyer.  To me, the case is about subverting the legal system; it's about representations of identity and how we invest power in the law to do so; and it's about creative thinking - particularly creative legal thinking.