Different strokes for different folks: regulation of publicly funded incorporated legal services

Description

The exemption from compliance with the provisions that regulate incorporated legal practices in the Legal Profession Act 2007 (Qld) by incorporated community legal services and incorporated Aboriginal and Torres Strait Islander legal services has, in spite of its good intentions, created a two tier quality control system for clients of legal service providers in Queensland. Clients of private incorporated firms have the benefit of a responsive regulatory system, whereas clients of publically funded incorporated legal services are excluded and operate within a complaints-driven model with all its inherent weakness. This paper considers whether the exemption granted to incorporated Aboriginal and Torres Strait Islander legal services creates an inequality in standards and risk protection available for clients of private law firms and those who use publicly funded legal services.