Francesca Bartlett

Professional Discipline Against Female Lawyers in Queensland: A Gendered Analysis

In its most recent Annual Reports, the Queensland Legal Services Commission has released statistics relating to professional discipline against Queensland lawyers that reveal a disparity according to the sex of the lawyer. The Annual Report notes that female lawyers are proportionally three times less likely to receive complaints and prosecutions than male lawyers. This article discusses discipline in the context of the plethora of literature examining the experience and practice of women in the legal profession. While the article ultimately raises many unanswered questions, it is contended that the figures reflect the continuing barriers faced by women practising law in Queensland.

Competence in caring in legal practice

This article is concerned with the stories of female solicitors working in Queensland, Australia, and their account of ethics in practice. These narratives were sought and made in the context of our project investigating complaints received against practitioners in this jurisdiction. Our interviews with female lawyers were intended to provide more insight into complaints matters. Yet this discussion revealed broader insights into ethical questions about the nature of lawyer–client relationships and legal professionalism. This article considers these accounts by reflecting on the concept of ‘care’ and its fit with legal practice requirements today. In doing so, we consider the difficult gendered question of the relationship between caring and ‘womens’ practice. We do not assert a true womans working style; we seek to contextualise our empirical research by tracing the complex effect of gender on lawyering roles. Finally, we suggest that the adoption of caring practice is a valid approach to lawyering and call for a caring approach to be re-valued in the legal professional context as an ethical proposition.

Making lawyers pay for malpractice in court: skirting advocates’ immunity in Australia

ABSTRACT Lousy lawyers in Australia enjoy unprecedented protection when operating in court. They are protected by a common law immunity which has developed in modern Australian case law as a broad and impenetrable barrier to the aggrieved client seeking financial redress for negligent lawyering in court. This unique civil immunity has been recently affirmed by Australia’s highest court. Despite this protection, the article traces several legal avenues open for clients to seek compensation through court procedural powers and professional discipline. It is argued that in practice, when we consider the factual circumstances in which they arise, these measures seem to erode the immunity. While this may be welcomed, the article nevertheless describes the existing Australian regime as complex, inconsistent and underused.

Integrity in Legal Practice: A Report from the Third International Legal Ethics Conference, Gold Coast, Australia

The International Legal Ethics Conference (ILEC3) was held at the Sheraton Mirage Hotel on the Gold Coast, Queensland, Australia from 13 to 16 July 2008. This was the third ILEC. The first was held at the University of Exeter, England, in 2004; and the second at the University of Auckland, New Zealand, in 2006.1 A colloquium associated with this series was also held at the University of Canterbury, Christchurch, New Zealand, in 2005. ILEC3 was co-hosted by the Law Schools at Griffith University, Gold Coast, and The University of Queensland, Brisbane. As two of the organisers, we were greatly encouraged by the continued enthusiasm and support of those who had attended ILEC1 and ILEC2, and that the series is growing in both the breadth and the depth of support it is receiving from legal ethics scholars. ILEC3 attracted 165 delegates; 107 academics, professional regulators and practising lawyers contributed papers. The international strength of the conference was reinforced by the representation of contributors from Australia, Canada, England, Hong Kong, Japan, Kenya, New Zealand, Scotland and the United States. Although the series has always featured American speakers, delegates have tended to come from Commonwealth countries. A particularly promising feature of ILEC3 was the large number of scholars from the United States who attended and participated, some contributing two or three papers. Especially given the prominence of American work in the field, this bodes well for positioning the specialist ILEC series at the centre of legal ethics scholarship. It is a unique opportunity for international scholarly exchange in the field.

Pro bono lawyering: personal motives and institutionalised practice

ABSTRACT This article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social justice needs. However, the study also revealed a range of potential drawbacks arising from the dominance of the large law firm sector in this field. In addition, respondents from small firms and sole practitioners indicated the many ways in which they are excluded from the pro bono community. The article draws on US scholarship which urges us to think about the ‘content and impact’ of pro bono work to achieve real outcomes and to address the widening gap in provision of legal assistance created by decreasing government funding. We conclude that a particular sensitivity to the context of practice is needed in our conception of pro bono practice.

Drug-induced compulsive disorders: clinical, ethical and legal challenges

Abstract presented at the Australasian Professional Society on Alcohol and other Drugs Conference 2013, 24-27 November 2013, Brisbane, Australiapresented at the Australasian Professional Society on Alcohol and other Drugs Conference 2013, 24-27 November 2013, Brisbane, AustraliaAbstract presented at the Australasian Professional Society on Alcohol and other Drugs Conference 2013, 24-27 November 2013, Brisbane, AustraliaAbstract presented at the Australasian Professional Society on Alcohol and other Drugs Conference 2013, 24-27 November 2013, Brisbane, AustraliaAbstract presented at the Australasian Professional Society on Alcohol and other Drugs Conference 2013, 24-27 November 2013, Brisbane, Australia

Changing Law: Rights, Regulation and Reconciliation [Book Review]

Review(s) of: Changing Law: Rights, Regulation and Reconciliation edited by Rosemary Hunter and Mary Keyes, Ashgate, Aldershot, 2005, ISBN 0754625524, 178 pp. Includes footnotes. Includes references.