The Legislation
The Legal Profession Uniform Law legislation (Uniform Law) harmonises regulation of the legal profession between the participating jurisdictions. It creates a single system to govern legal practice. It was adopted by NSW and Victoria on 1st July 2015 and WA from 1st July 2022.
The Legal Profession Uniform Law itself (Legal Profession Uniform Law) is Schedule 1 of the Victorian Legal Profession Uniform Law Application Act 2014. It applies by virtue of the application acts in each participating jurisdiction. Those acts also outline each jurisdiction’s differences or variations from the Legal Profession Uniform Law.
In WA the relevant act is the Legal Profession Uniform Law Application Act 2022 (WA) (Application Act).
The following local Rules and Regulations have been made under it:
- Legal Profession Uniform Law Application Regulations 2022
- Legal Profession Uniform Law Application Amendment Regulations 2023
- Legal Profession Uniform Law Application Amendment Regulations 2022
- Legal Profession Uniform Law Application (Accreditation) Rules 2022
The Legal Profession Uniform Law establishes the Legal Services Council which makes rules necessary to to give effect to the Legal Profession Uniform Law. They are as follows:
- Legal Profession Uniform General Rules 2015 – contain much of the detail about practising certificates, trust money, trust accounts and billing.
- Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 – regulate aspects of legal practice by solicitors.
- Legal Profession Uniform Admission Rules 2015 – set out the qualifications for admission to the legal profession.
- Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 – assist solicitors to act ethically and in accordance with the principles of professional conduct.
- Legal Profession Uniform Law Conduct (Barristers) Rules 2015 – ensure that barristers act in accordance with the general principles of professional conduct, act independently, recognise and discharge their obligations in relation to the administration of justice, and provide services of the highest standard unaffected by personal interest.
- Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 – set out the minimum requirements for continuing professional development for solicitors.
- Legal Profession Uniform Law Continuing Professional Development (Barristers) Rules 2015 – set out the minimum requirements for continuing professional development for barristers.
- Legal Profession Uniform Regulations 2015
- Legal Profession Uniform General Amendment (Conditional Costs Agreements) Rule 2022
Fact Sheets
The Legal Practice Board of Western Australia has a range of fact sheets covering topics related to the Uniform Law.
Client Engagement and Costs Disclosure
The Uniform Law has specific requirements in relation to client engagement and costs disclosure. For detailed information and useful templates view the Legal Services Council website here.
Billing
The Uniform Law provides that all bills must include or be accompanied by a written statement setting out:
- The options open to the client in the event of a dispute about the legal costs; and
- Any time limits which may apply to those options.
The Legal Services Council has developed an Information Sheet for legal practitioners on billing provisions.
Loan and Security Forms
Rule 11 (Loan and Security Documents) of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 sets out the requirements for the forms of evidence of advice provided by solicitors to certain borrowers and guarantors (as those terms are defined in the Rule).
The forms that can be used for that purpose by WA solicitors can be found below:
- Schedule 1. Declaration by Borrower - Grantor of a Security Interest
- Schedule 1A. Declaration by Borrower - Grantor of a Security Interest (Corporation)
- Schedule 1B. Declaration by Borrower - Grantor of a Security Interest (Trustee)
- Schedule 2. Declaration by Third Party Mortgagor, Guarantor, Surety Mortgagor or Indemnifier for the Borrower-Grantor of a Security (01543976-4)
- Schedule 2A. Declaration by Third Party Mortgagor, Guarantor, Surety Mortgagor or Indemnifier for the Borrower - Grantor of a Security (01543980-3)
- Schedule 3. Interpreter’s Certificate
- Schedule 4. Part 1 Acknowledgment of Legal Advice by Proposed Borrower-Proposed Grantor of a Security Interest
- Schedule 4. Part 2 Acknowledgment of Legal Advice by Proposed Guarantor
- Schedule 4A. Part 1 Acknowledgment of Legal Advice by Proposed Borrower Grantor of a Security Interest (Corporation)
- Schedule 4A. Part 2 Acknowledgment of Legal Advice by Proposed Guarantor (Corporation)
- Schedule 4B. Part 1 Acknowledgment of Legal Advice by Proposed Borrower-Grantor of a Security Interest (Trustee)
- Schedule 4C. Acknowledgment of Legal Advice by Proposed Borrower-Grantor of a Security Interest Trustee (Corporation)
Legal Practice Board
For further information on the Uniform Law, solicitors may wish to review the Legal Practice Board’s Uniform Law webpage which can be found here.
Legal Services Council and Commissioner for Uniform Legal Services Regulation
The Legal Services Council and the Commissioner for Uniform Legal Services Regulation oversee the Legal Profession Uniform Law scheme. Useful information is available on their website here.
Supreme Court Updates and Amendments
The following updates and amendments may be relevant to solicitors:
