Law Council of Australia

75th Anniversary Gala Dinner
Anzac Hall
Australian War Memorial

Friday 19 September 2008, 8:00pm

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Acknowledgements

Other Acknowledgements

Introduction

  1. It’s a great pleasure to be here this evening for this special anniversary celebration.
  2. Seventy-five years is a remarkable achievement for any organisation.

Formation of the Council

  1. When the Council was formed in 1933, Australia was in a less than desirable space. Like other countries, we were still experiencing the after-effects of the Great Depression. It was a time of enormous hardship – at its peak, almost 32% of Australians were out of work.
  2. Understandably, large sections of the community were restless - Western Australians, for instance, had voted by a two-to-one margin to secede from the Commonwealth of Australia. That plan ultimately failed to ‘find its legs’ – and we’re grateful for that. We might be minus a Chief Justice if the plan had succeeded.
  3. Against this backdrop, the formation of the Law Council of Australia seems in some ways inevitable – state and territory legal professions recognised the growing influence of the federal government across almost every aspect of national life, and knew that a national body would be the most efficient way to represent their interests to the government of the day.
  4. The Council has done that - and more - for over  7 decades. The organisation is not simply an adornment to the legal profession in Australia but integral to it.

Five Functions of the Lawyer

  1. In 1954, American jurist and a former president of the American Bar Association, Arthur T. Vanderbuilt, wrote an article for the American Bar Association Journal setting out "The Five Functions of the Lawyer".
  2. The first two functions were unremarkable - the first - performing the role of a wise counsellor and adviser and - the second - undertaking the role of a skilled advocate.
  3. But, according to Vanderbuilt, the third task of a great lawyer was to improve his profession, the courts and the law.
  4. He relied on President Theodore Roosevelt who said: "Every man owes some of his time to the upbuilding of the profession to which he belongs" (sexist language being excused for the time of writing). Indeed - it was said - this obligation is one of the great things which distinguishes a profession from a business.
  5. Mr President Ray - your members are indeed upholding that principle.
  6. The fourth principle was described as the responsibility to be an intelligent, unselfish leader of public opinion. The Law Council of Australia has indeed fulfilled that role.
  7. Since becoming Attorney General I have received invaluable input from the Law Council in respect to numerous matters including:
    • Our engagement with the United Nations – for example, through the Convention Against Torture, the Elimination of All Forms of Discrimination Against Women, and the Rights of Persons with Disabilities;
    • The delivery of family law services by the Family Court of Australia and the Federal Magistrates Court;
    • Proceeds of Crime legislation;
    • Personal Properties Securities;
    • Harmonisation of laws through the Council of Australian Governments; and
    • Promotion of Pro Bono services within Australia and our region.
  8. Finally, the fifth principle was described as an obligation not necessarily to seek public office, but to answer the call for public service when it comes.
  9. Again, Mr President your members have fulfilled that role. I know the many thousands of hours (literally) of voluntary contributions made by lawyers, your members, sitting on the expert committees of the council.
  10. I also know very well the insights practising lawyers contribute – insights into better ways for governments to think about issues, especially in respect to the protection of human rights and practical issues of implementation.
  11. Time and time again, the Council has strongly advocated its views on issues that, in one way or another, impact on the entire community – and unquestionably for the better.
  12. And as an addendum, I might add this
    (and it was discussed at a forum on depression in the legal profession last night): One theory that was suggested to arrest increasing levels of stress in the profession is to give legal practitioners a broader perspective than simply completing timesheets and submitting fees.
  13. In that context, lawyers who support and participate in the work of the Law Council have the opportunity to obtain that broader perspective. 
  14. I would like to say a little more on that.

Depression in the legal profession

  1. Depression is – regrettably –rather prevalent in the legal profession and I think it is important that I take this opportunity to engage in the discussion.
  2. A study conducted in 2007 by the organisation Beyond Blue, in cooperation with Beaton Consulting, found that 15% of lawyers surveyed suffer from moderate to severe depression. This, I am told, is two and a half times the rate experienced by the general population.
  3. And just last night, at the lecture delivered in memory of Tristan Jepson, a former law student and lawyer who took his own life in 2004, Professor Ian Hickie of the Brain and Mind Research Institute in NSW announced some alarming results - among them, that almost a third of solicitors and one-in-five barristers suffer depression to a level associated with disability.
  4. It isn’t entirely clear why lawyers experience depression at such a high rate. However, there is the suggestion that the very nature of the profession may be to blame.
  5. In the main, we lawyers are in the business of conflict resolution. We cannot escape the fact that we operate in an adversarial system.
  6. Often we are competitive, high achieving, individuals who strive for perfection. 
  7. These characteristics - which the profession    tends to see as the hallmarks of a good lawyer - combined with the high-pressure environments   in which lawyers often work, all seem to contribute to the widespread presence of depression in the legal profession.
  8. I think this is an area where there can be constructive work and the Government is prepared to work in partnership with the Law Council to address this significant social issue.

The Future

  1. A Government’s role is to administer the agencies of Government and to ensure order.   But in so doing, to respect and protect fundamental rights and freedoms. With all the good will in the world, Governments not infrequently fail to meet this obligation. And the challenges are many.
  2. As the Council’s 2001 Discussion Paper on the Challenges for the Legal Profession noted, “this century promises to be a time of significant change, driven by:
    • Advances in information technology;
    • Globalisation;
    • Competition and government regulation;
    • Changes in demographics and social attitudes; and
    • Scientific advances.
  3. The list was developed before the September 11 attacks on New York and Washington. And I suggest it would now be appropriate to add modern security challenges, climate change and the great challenge of water management.
  4. You have a special role in both guiding sound policy and defending individual rights as we confront these challenges.

Conclusion

  1. In conclusion, on behalf of the Rudd Government, thank you Mr President and your Council for what you do and for doing it so well.
    I applaud your contributions to public policy in Australia, and look forward to working in partnership to ensure the ongoing improvement of the nation’s legal landscape.
  2. Congratulations on the Council’s 75th anniversary and warmest wishes for the years ahead.

ENDS