Syme, James --- "Presidents Page: Time to climb aboard" [1997] LawIJV 28; (1997) 71(2) The Law Institute Journal 3

• President's Page- Time to climb aboard

President's Page- Time to climb aboard

With the summer break behind us we can now settle down and come to terms with the new regime for the regulation of the legal profession. We can take stock of what has been achieved and the steps that must now be taken to ensure that the Law Institute of Victoria remains a powerful and relevant body representing the major group of legal practitioners in our society.

A great deal has already been achieved. While there is much in the Legal Practice Act that we don't like, I don't think that anyone can doubt that the legislation is very much better as a result of the enormous efforts put in by the Law Institute on behalf of its members. Among the very large number of amendments we have secured, two stand out as having the most substantial long-term benefits for the profession. The first is the requirement that three of the seven members of the Legal Practice Board be elected by the profession. The second is the requirement that the funding arrangements and fee setting powers are generally vested with the Board. Election of the profession's representation to the Board should secure its independence from government. Having regard to the Attorney's recent actions in diverting money from the 1996 levy for legal aid and other purposes and in raising a further levy for 1997, I think we will all feel a lot more comfortable that for the future these powers will be vested in the Board.

Far-reaching steps have been taken to restructure the Institute and its parent body, Victorian Lawyers RPA Ltd, with a view to establishing a completely new culture. A new memorandum and articles of association have been adopted and provide for a board of approximately half the size of the old council. Such a dramatic step shows the depth of the commitment of the old council to reform. The management structure has also been dramatically reformed and, by the time you read this, implementation will be well under way.

While all these changes have been taking place, we have developed a sound and cordial working relationship with the Legal Practice Board and the Legal Ombudsman. I am aware that some of our members believe that we should stand aloof from these bureaucratic inventions. Nevertheless, it is my strong belief that the profession can only benefit if we can build and maintain a cooperative working environment. The Legal Practice Board is clearly having great difficulty in coming to terms with its new role and needs all the help it can get.

A great deal remains to be done. Practice and trust account rules need to be re-written as a matter of urgency and I am determined that the new rules will be far simpler and more relevant than the rules they will replace.

Our major challenge will be to attract as many members as possible under the voluntary membership regime that will be effective for most of us from 1998. This will be our main focus for 1997. Under the old regime it is probably fair to say that many members took their professional association for granted and felt that the reverse was also true. No more! The vast majority of us take a great deal of pride in our profession and readily accept that the profession needs a strong representative body. The key to maximising membership and therefore our strength will lie in convincing the balance that a strong representative body is essential. Tangible benefits that may be offered (such as the library, professional development and discount schemes) are important, but ultimately it is the representative function that is the key. The profession needs a body to speak out fearlessly against encroachment on the rule of law and for the need for access to justice. A body that will:

• contribute to the quality of legislation
• by reviewing draft legislation and
• providing input to government;
• pursue regular reviews of scale fees and other issues of concern to members; and
• negotiate with government on matters vital to the future of the profession such as the Legal Practice Act.

To those who say the Institute must do better, I say: "Become involved and make a contribution".

There will be a complete spill of all eighteen board positions in April. This provides an excellent opportunity for members to seek positions. Nominations close on 11 March and it would be tremendous to see a real show of interest from members. Details of the nomination procedure will be included in the February News.

JAMES SYME