In South Australia, lawyers study at the University of Adelaide, Flinders University or the University of South Australia to obtain a Bachelor of Laws. After receiving the degree they undertake a course of practical legal training, usually through a Graduate Diploma in Legal Practice.
Law graduates are not entitled to practise the law until they have been admitted to practise as a barrister and solicitor in the Supreme Court of South Australia. Once a law graduate has been admitted and arranged for a practising certificate through the Law Society of South Australia, they are entitled to:
When a practitioner is first admitted, they will hold a restricted practising certificate, which requires the practitioner to work under the supervision of a more senior lawyer for a period of time before working as sole practitioner. It is a standard condition of all practicing certificates that practitioners comply with a Mandatory Continuing Professional Development Scheme. Interstate lawyers who have been admitted in their own state are entitled to practise in South Australia, subject to certain conditions.
Law graduates have a number of career choices available to them. After gaining admission to the Supreme Court (which in South Australia allows them to practise as both a barrister and solicitor) they may practise privately or work for a public authority, a government department, a corporation, as an academic at a teaching institution or in many other fields.
The difference between solicitors and barristers puzzles many people. In some Australian jurisdictions, solicitors work in offices and undertake legal work dealing directly with clients, such as preparing wills, contracts or deeds or doing conveyancing or probate work, whereas barristers undertake court work or advise on matters, but only when instructed to do so by a solicitor. In South Australia, a lawyer can practise as both a solicitor and a barrister, although many practise as barristers only. Generally speaking, those who choose to practise as barristers join the independent Bar and operate from chambers. Most South Australian barristers voluntarily practise in the same way as their interstate colleagues, although some of the larger firms employ or retain 'in house' barristers.
A notary public is a lawyer who is recognised as having the ability to verify the signing of documents or certify that copies of documents are authentic, especially for overseas purposes, and witness documents from another country. A notary public uses an official stamp which they place on official documents when they sign it.
The Legal Practitioners Act 1981 (SA) contains much of the law regulating dealings between clients and their lawyers and all references in this part are to this Act. In addition, the South Australian Legal Practitioners Conduct Rules apply to all legal practitioners, whether practising as a solicitor or a barrister.
Contacts
The Law Society of South Australia
Legal Profession Conduct Commissioner