‘Fame and Character’ Requirements: Productive or Persecutive?

Abstract

For an aspiring lawyer to be admitted to practice in Australia, they must satisfy admission requirements regarding their ‘fame and character’ (FAC). The purpose of FAC requirements is to protect the public and maintain high standards in the legal profession. However, these requirements have been criticised for failing to achieve these aims. This article will seek to address and, as far as possible, settle this debate. I will first outline the current nature of FAC requirements, and then discuss the ways in which FAC requirements can ideally achieve their purpose. I will counterbalance this with a consideration of the practical limitations preventing this potential from being fulfilled. Ultimately, this assessment will conclude that to some extent, FAC requirements protect the public and uphold the standards expected in the legal profession. However, this extent is limited by deficiencies in the practical assessment and application of these requirements. These deficiencies must be remedied if FAC requirements are to continue playing an important role in safeguarding the integrity of the legal profession.