Abstract

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. This paper refers to the legislation and the literature on the range of business structures, before giving an insight into the actual choice of business structures used by Queensland regional, rural and remote legal practitioners. What is the awareness of the new business structures? And are there factors inhibiting RRR legal practitioners from their use? This paper draws on over 30 interviews with sole practitioners, partners and legal practitioner directors about their choice of business structure.

Highlights

  • The practice of law has changed significantly since the 1970s,2 for metropolitan lawyers and for regional, rural and remote (RRR) lawyers.[3]

  • This paper discusses the legislation and literature on the range of business structures provides an insight into decisions by Queensland regional, rural and remote legal practitioners about what business structures to use

  • It discusses what is the awareness of the new business structures and are there factors inhibiting regional, rural and remote legal practitioners from their use? The paper draws from over 30 interviews with sole practitioners, partners and directors about their choice of business structure

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Summary

Introduction

The practice of law has changed significantly since the 1970s,2 for metropolitan lawyers and for regional, rural and remote (RRR) lawyers.[3]. End of Lawyers: Rethinking the Nature of Legal Services (Oxford University Press, 2008); Thomas D Morgan, The Vanishing American Lawyer (Oxford University Press, 2010); Stephen Mayson, Law Firm Strategy: Competitive Advantage and Valuation (Oxford University Press, 2007); and Laura Empson (ed), Managing the Modern Law Firm: New Challenges, New Perspectives (Oxford University Press, 2007). 4 David Wilkins, Globalisation, Technology and the Legal Profession

International Journal of Rural Law and Policy
Methodology
Competing policies surrounding alternative business structures
Who is using ILPs in Queensland
Features of incorporation
Experiences of implementing incorporated legal practices
Location of the RRR legal practitioners
Remote Rural Regional
Method of admission
Business Planning
High Moderate Never
Timing of use of ILP
Financial benefits
Improved practice management structures
Opportunities to reward staff
Considerations of ethics
Findings
Recommendations to reduce inhibitors on the use of ILPs

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