PRESIDENT'S REPORT Alain Musikanth President, the Law Society of Western Australia
Welcome to the final edition of Brief for 2017. In February, I outlined some of the matters on which the Law Society planned to focus this year. In this my final column, I provide an overview of how those matters have progressed so far. In doing so, I will once again refer to the core objects of the Society adopted in 1927, and still reflected in its Constitution today, namely: •
Advancing the interests of the legal profession;
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Promoting good practice and curbing malpractice;
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Advancing legal education;
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Promoting the administration of justice and the development and improvement of the law; and
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Encouraging collegiality.
Interests of the legal profession Future of the legal profession In my first report, I suggested that artificial intelligence was a challenge of a kind barely conceivable in the minds of lawyers practising nearly a century ago. I also foreshadowed that a particular manifestation of that challenge, namely the potential impact of the technology on practical opportunities for skills development in emerging and future lawyers, would be the subject of discussion with managing partners of law firms. The discussion occurred as part of a forum on artificial intelligence hosted by the Society during Law Week1. The forum followed the adoption by Council, in late February, of a new strategic directions plan. Under the plan, the strategic objectives of the Society were re-set to include the provision of both leadership on the future of the profession as well as resources and information on related issues for the benefit of members. Consistent with those objectives, a Futures Reference Group, comprising both internal and external members, was established to guide the Society’s work in this area. A framework for the delivery of futurethemed offerings was developed, and the generation of an increasing number of 02 | BRIEF DECEMBER 2017
presentations, papers and Brief articles on such topics ensued. A highlight was the keynote address delivered at the Law Week Breakfast by Katie Miller, 2015 President of the Law Institute of Victoria, on Legal traditions in an age of disruption: How do lawyers decide what to keep and what to relinquish? In addition, delivery of seminars on futurefocused subjects is now a regular part of the Society’s CPD programme. Guidelines on the unbundling of legal services have been published, while the November edition of Brief was devoted largely to subjects directly relevant to the future of the profession. An extensive paper on The Future of the Legal Profession is currently in the throes of finalisation, and it is hoped that the paper will be posted on the Society’s website before the end of 2017. I have every confidence that the Society will continue providing both leadership and guidance to our members on important matters associated with the future of the profession in 2018. Performance of legal work by nonpractitioners In February, the spectre of nonpractitioners performing legal work was raised and a comprehensive study into the topic was foreshadowed. The study was duly conducted, and a position paper entitled People Unlawfully Engaging in Legal Work: Protecting the Community was published in August. As noted in my November electronic Update, the Attorney General, the Honourable John Quigley MLA, recently wrote to the Society to thank us for providing a copy of the position paper. It is understood that consideration is being given to the Society’s proposals for legislative reform contained within the paper. Governance This year also saw a comprehensive review of the Society’s Constitution, with a view to ensuring conformity with the requirements of the Associations Incorporation Act 2015 (WA). As part of the review, scope for further refinements to the Constitution consistent with contemporary notions of good corporate
governance was also identified. In August, feedback was sought from members regarding a series of possible constitutional amendments developed as part of the review. Following completion of that process, the Society’s Council approved a final set of proposed amendments in October. The amendments were unanimously approved by members of the Society at its annual general meeting on 9 November 2017.
Good practice In the February edition of Brief, I mentioned the Legal Profession Uniform Law. National harmonisation of key aspects relating to regulation of the legal profession has remained high on the Society’s agenda this year. In 2014, Society had resolved to recommend to the then Attorney General, subject to qualifications, the adoption of the Legal Profession Uniform Law 2014, which subsequently came into force in New South Wales and Victoria on 1 July 2015. Following the election of a new State Government in March 2017, the Society commenced steps to progress its recommendation. As noted previously, the Society has been actively engaged with both State Government and other stakeholders in an effort to achieve an outcome consistent with the Society’s position. The Society is aware that the State Government is in discussions with the Legal Services Commission and has had contact with the governments of New South Wales and Victoria. The Society is encouraged by the work which has been undertaken so far, and it is optimistic that further progress will be made in 2018.
Legal education The Society was again pleased to provide support to the legal profession of Western Australia through its comprehensive Continuing Professional Development