AustLII Home | Databases | WorldLII | Search | Feedback

University of New South Wales Law Journal

Faculty of Law, UNSW
You are here:  AustLII >> Databases >> University of New South Wales Law Journal >> 2014 >> [2014] UNSWLawJl 36

Database Search | Name Search | Recent Articles | Noteup | LawCite | Author Info | Download | Help

Vogt, Melissa --- "Editorial" [2014] UNSWLawJl 36; (2014) 37(3) UNSW Law Journal 1020


EDITORIAL

MELISSA VOGT[*]

The legal profession has long been a vital element of the Australian community. It was over 150 years ago that the first law society, the Law Institute of Victoria Foundation, was established in Melbourne.P1163F[1]P The profession has evolved into a diverse network of around 100,000 people, filling a range of roles from barristers and members of the judiciary, to solicitors in community

legal services, government departments and private law firms.P1164F[2]P Legal practice contributes approximately $11 billion to the national economy, and provides thousands of individuals and businesses with access to justice.P1165F[3]P A vibrant and effective legal profession is essential to the functioning of society, the economy, and the rule of law.P1166F[4]

Despite its successes, today’s legal profession faces a range of challenges. Many of these are the product of economic and technological change, such as the corporatisation and internationalisation of the profession, and the emergence of new technological innovations. Others have been brought to the fore by social developments, as the profession seeks to increase the participation and influence of women and minorities, and to come to terms with the increasingly well-documented problem of depression, anxiety and stress among legal professionals. Potential reforms to the profession, such as national regulation and alternative fee arrangements, also require careful consideration and attention.

The seven articles of this thematic component offer a range of perspectives on the issues facing the profession. Some of these issues undoubtedly stem from legal practices and workplace culture. Le Mire and Owens focus on an often overlooked aspect of the workplace – bullying – and examine the pressures that might contribute to its presence in the legal profession, the impact it may have on professionals, and the existing regulatory framework.P1167F[5]P Giddings and McNamara consider the pivotal role played by supervision, and argue for a more structured approach to supervision to ensure its effectiveness in strengthening the capacities and wellbeing of young lawyers.P1168F[6]

There has been increasing recognition in recent years of the impact that legal practices and workplace culture may have on the wellbeing of legal professionals. In their article, Chan, Poynton and Bruce report the findings of a nation-wide study on the association between workplace characteristics, and lawyer’s experiences of stress, anxiety and depression.P1169F[7]P In contrast, Parker raises concerns about the focus in wellbeing discourse on psychological distress at an individual level, and emphasises the need to pay attention to the wellbeing of the profession and the law as a whole.P1170F[8]

Alongside concerns about the wellbeing of legal professionals, the Issue affirms the commitment of the legal profession to justice. The Hon Ronald Sackville AO QC provides a discussion of the intersection between the law, justice and lawyers, founded in a reflection on his own extensive experience in the law.P1171F[9]P Tang and Foley consider the interaction of lawyers with the concepts

of ‘certainty’ and ‘uncertainty’, concluding that uncertainty can be a positive resource which motivates legal professionals to counter injustices in society. Maguire, Shearer and Field suggest that pro bono lawyering is a critical element of professional legal identity and an expression of a lawyer’s commitment to the rule of law and access to justice.P1172F[10]

This Issue’s publication could not have been accomplished without the kind assistance of many people. I wish first to express my deep gratitude to Justice Anna Katzmann SC, who wrote the informative and engaging Foreword and launched this Issue at King & Wood Mallesons on 26 November 2014. I also thank her Honour’s Executive Assistant for her help.

I would like to extend my gratitude to Professor David Dixon, the Dean of the University of New South Wales (‘UNSW’) Faculty of Law, for his advice and ongoing support for the Journal. I am also grateful to the Faculty Advisors, Associate Professor Lyria Bennett Moses and Professor Michael Handler, for their guidance. Special thanks go to Professor Janet Chan, Ms Mehera San Roque and Professor Andrea Durbach, academics at the UNSW Faculty of Law, who assisted me in developing the theme for the thematic component.

I would further like to acknowledge the anonymous peer reviewers for providing astute and thorough feedback for each submission to the general and thematic components of this Issue. Without their help, a student-run journal could not ensure the publication of high quality submissions and provide each submitting author with constructive feedback.

I am deeply appreciative of my colleagues on the Executive Committee and the UNSW Law Journal Editorial Board for their hard work and support in bringing this Issue to publication. In particular, I am grateful to Guy Baldwin, the 2014 Executive Editor, for his encouragement and direction.

Finally, I thank the authors for their perceptive and insightful contributions to the Issue. It is my hope that their contributions encourage further debate and discussion concerning the current state of the Australian legal profession, and its future.


[*] Editor, Issue 37(3), 2014.

[1] Law Institute of Victoria, About LIV <http://www.liv.asn.au/About-LIV> .

[2] Australian Bureau of Statistics, 8667.0 – Legal Services, Australia, 2007–08 <http://www.abs.gov.au/

AUSSTATS/abs@.nsf/Lookup/8667.0Main+Features12007-08?OpenDocument>.

[3] Ibid.

[4] Ron Heinrich, ‘The Least Dangerous Profession? Lawyers and the Rule of Law in the Commonwealth Today’ (2003) 30(5) Brief 37.

[5] Suzanne Le Mire and Rosemary Owens, ‘Workplace Bullying and the Legal Profession’ [2014] UNSWLawJl 38; (2014) 37 University of New South Wales Law Journal 1030.

[6] Jeff Giddings and Michael McNamara, ‘Preparing Future Generations of Lawyers for Legal Practice: What’s Supervision Got to Do with It?’ [2014] UNSWLawJl 44; (2014) 37 University of New South Wales Law Journal 1226.

[7] Janet Chan, Suzanne Poynton and Jasmine Bruce, ‘Laawyering Stress and Work Culture: An Australian Study’ [2014] UNSWLawJl 39; (2014) 37 University of New South Wales Law Journal 1062.

[8] Christine Parker, ‘The “Moral Panic” over Psychological Well-Being in the Legal Profession: A Personal or Political Ethical Response’ [2014] UNSWLawJl 40; (2014) 37 University of New South Wales Law Journal 1103.

[9] The Hon Ronald Sackville AO QC, ‘Law and Justice: Do They Meet? Some Personal Reflections’ [2014] UNSWLawJl 41; (2014) 37 University of New South Wales Law Journal 1142.

[10] Rowena Maguire, Gail Shearer and Rachael Field, ‘Reconsidering Pro Bono: A Comparative Analysis of Practice in Australia, the United States, the United Kingdom and Singapore’ [2014] UNSWLawJl 42; (2014) 37 University of New South Wales Law Journal 1164.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/UNSWLawJl/2014/36.html