Lawyer Professional Responsibility Checklist

To answer this question I refer you to my article Charting the future of the Legal Profession: A Blue Ocean Perspective which was published in the Legal Business World Magazine Xmas 2018 Edition.

Since that time [circa 4 years ago] I posted the following update on LinkedIn:

Today I am reflecting on the past 12+ months since my article was published in the International Xmas 2018 edition of LegalBusinessWorld.

Q: How much has the Australian legal profession actually changed?

A: The report published by Alpha Creates on the State of legal innovation in the Australian market [2019] is a great benchmark summary.

The focus continues to be on structural + business model change (M&A, geographic expansion, increased NewLaw entrants incl. Legal Tech startups + NewLaw skunkworks spun off by BigLaw to complete in this space, Big4 increasing their presence).

Q: How successful is the idea of publishing the article as a hybrid mix of text + online content [Smart Lists]?

A: Whilst the article itself remains "as published", the Smart Lists linked to it have been + continue to be updated as new relevant + interesting content is created/discovered.

Our Master Smart List has now [as at October 2021] exceeded 48,000 views (well over quadruple the number at the time the article was published).

These are organic views with no $$ spent on promotion.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

*An estimated 70-80% of Australians fail to contact a lawyer when experiencing a legal issue

When Blue Ocean Strategy® is applied to the legal profession globally a large untapped market* can be quickly identified.

To find out more please read our blog article: How to Achieve Zen-Like “Peace of Mind” knowing your Legal Affairs are in Order
‍
*An estimated 70-80% of Australians fail to contact a lawyer when experiencing a legal issue.

Blue Ocean Law Group℠ have packaged our legal services to provide simple [Self-Service] online 24/7 solutions for everyday personal + business legal needs + made them available anywhere (even via mobile phone if necessary) via a fixed price per document, or an affordable subscription model.

⭐️ We are in the process of 'Charting New Markets' in New Zealand & California where we understand the same large untapped market exists.

When you create Legal Docs for Clients. Is this considered giving legal advice? or is your role that of a mere scribe?

If your role is merely that of a "scribe or scrivener" as outlined below it is unlikely you would be deemed to be providing legal advice or engaging in the practice of law.

Caution: Some Online Legal Documents have evolved!

Unfortunately this is not as easy as it once was … when online legal document templates were all static "fill in the blanks" one-size-fits-all templates.

Increasingly, the capabilities + complexities of legal document automation have evolved to cater to an ever widening range of facts and conditions.

Using the complex design + incorporation of what we call Embedded-Lawyer Logic™ it is no longer possible to avoid the automated tailoring of the online legal document to suit the client's circumstances + legal needs.

They are designed to produce a quality bespoke legal document just like a lawyer does.

The use of Embedded-Lawyer-Logic™ in the online process:

✅ Is now very similar to a client being interviewed by a lawyer;

✅ It drills down to ask the same questions and provide the same options a highly experienced + competent lawyer is required to do.

As a result the draft legal document created now has the potential to vary significantly based on the responses provided by the client.

We have now progressed to the point that the new normal online process is designed to cause your role to fall outside of the role of a "scribe or scrivener" alluded to below.

In the leading case on this issue Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184; 35 WAR 59 (Simmonds J) noted at para. [152] that Brinsden J in Barristers Board v Palm Management Pty Ltd [1984] WAR 101 referred to Re Matthews (1938) 79 P 2d 535, apparently with approval, as follows at para. [108]*:

The court went on to say that where an instrument is to be shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing law in order to ensure a specific result and to guard against others, more than the knowledge of the layman is required and a charge for such services brings it definitely within the term 'practice of the law' [emphasis added].

How to limit your role to that of a "scribe or scrivener"?

Therefore, we strongly recommend that you advise your client to either:

✅ Create the draft legal document themselves + ensure independent legal advice is sought from our legal team prior to negotiation and execution; or

✅ Instruct you to create the legal documents using our Lawyer-Assisted option.

Doing this ensures your role is clearly limited to that of a "scribe or scrivener".

Our legal team will then take the responsibility for reviewing your client's individual circumstances together with the draft legal document in order to provide your client with the relevant legal advice, ensure your client understands their legal position and options, and to propose and make any required amendments to the legal document based on your client's instructions.

What is a "mere scribe or scrivener"?

In Legal Practice Board v Computer Accounting and Tax Pty Ltd [supra]*:

… the court held that work of the mere clerical kind, such as filling out of skeletal blanks or drawing instruments of generally recognised and stereotype forms effectuating the conveyance or encumbrance of property, such as a simple deed or mortgage not involving the determination of the legal effect of special facts and conditions, should be generally regarded as the legitimate right of any layman because it involves nothing more or less than the clerical operations of the now almost obsolete scrivener (emphasis added).

(The scrivener was eliminated in England by the 1804 Act.).

The view of the Institute of Chartered Accountants in Australia ... ^

Timely reminder

The 2007 case of the Legal Practice Board v. Computer Accounting and Tax Pty Ltd* serves as a timely reminder to members that there are legislative provisions in each state and territory which prohibit a person who is not a legal practitioner from engaging in legal practice.

This prohibition is mirrored in the Institute’s regulations relating to public practice (regulation 1207).

However, there are differences between the jurisdictions as to how the prohibition is framed.  

Even so, members who use the services of document providers are urged, as a minimum, to:

✅ Use only reputable document providers whose services are backed by competent legal practitioners;

✅ Ensure that they abide by the terms and conditions of the document providers as to the use of the documents and their supply to clients; and

✅ Avoid redrafting of documents to suit the circumstances of individual clients, unless appropriate legal advice is obtained by the relevant parties.‍

Seek legal advice

The Institute believes that the recent WA case does not require any change to a member's legitimate use of this type of service in accordance with their terms and conditions.

However, if you have any concerns or queries about the use of document providers, you should seek legal advice.

Sources:

* Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184;

^ Extracted from the article: Court case raises issues about preparation of legal documents.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Dealing with Uncertainty

Our advice, if you are apprehensive about the current state of uncertainty in the legal profession job market is to educate yourself about the future.

“The future is here now, it is just very unevenly distributed.”  

The more we rely on this quote as a mantra, the more we relinquish our own agency.

It puts us all into the position of living in a future that belongs to someone else and never our own.

“The best way to predict the future is to create it!”

What does that mean?

The Future… Kind of scary sounding. Full of unknowns. Full of twists and turns. How can you possibly predict it?

The above quote is saying that the best way to know what is coming is to step up to be an active participant in creating the future.

⚖️ Tomorrow's Lawyers

To help you understand what the future of the work in the legal profession might look like we recommend you read Tomorrow’s Lawyers 2nd edition.

➲ The book lists out potential new career paths for lawyers that have not existed previously.

"It invites the next generation of lawyers to harness the power of technology in improving and even overhauling the way in which legal and court service is currently provided."

If you would like to seek an independent opinion please read this review of the book.

🔑 Key Takeaways

It is important to understand that lawyers can increasingly operate + practice from anywhere in the world, and across multiple legal jurisdictions.  

Example: Australian lawyer working for Australian law firm from Canada

When it comes to “behind the scenes” legal support and tech development ➲ there are no geographical limitations perhaps other than language + civil law jurisdictions (where you have been trained in a common law jurisdiction).

🥊 Alternative Dispute Resolution

Learn about the global opportunities emerging in Alternative Dispute Resolution.

Example: This organisation we have not dealt with.. explain the growing opportunities in this space, presumably to help sell their ADR training.  

It is still useful to understand the opportunity.

🚀 Space Law

Think about Space Law ➲ any lawyer from any jurisdiction could theoretically practice in this interesting + expanding area of law.  

The same applies for the increased relevance of International Law in increasingly complex global commercial transactions.

🔗 Smart Contracts / Blockchain-related Law

Other areas of growth to look into Smart Contracts, Blockchain related law, etc.

A Smart Contract is a computer program or a transaction protocol which is intended to automatically execute, control or document legally relevant events and actions according to the terms of a contract or an agreement.

🔒 Privacy Law / Digital Life

Some commentators have stated that Privacy can no longer be expected as surveillance is so widespread Privacy no longer exists.

Our view is that the right to + regulation of Privacy has started and will continue to become a larger part of our increasingly Digital Lives.

It is another major growth area with local companies needing to deal with global Privacy regimes such as the GDPR for their dealings with EU Citizens.

💡 Augmented Reality + AI

Augmented reality + AI are other areas to explore.

Further Reading: FAQ: What lies ahead for the future of the legal profession?

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

A: Yes

Blue Ocean Law Group℠ had partnered with QuickFee to provide our Clients with Professional Fee Funding, that is, using QuickFee you were able to apply to pay your legal professional fees + disbursements over 4 months at 0% interest.

Whilst this was an innovative idea to lower the upfront financial burden on our Clients, unfortunately QuickFee has decided to discontinue this product.

In the interests of delivering value to our Clients, Blue Ocean Law Group have decided to continue this offering.

Contact us directly to apply.

Note: ⚖️ Your legal matter may also qualify for access to Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee).

Please contact us if you would like to arrange a longer term payment arrangement consisting of up to 12 monthly instalments using QuickFee's Pay Now service.