Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as '“question of law”'

Lawyers withdrawing ‘guilty pleas’ in disciplinary prosecutions at first instance and on appeal

March 2nd, 2016 · No Comments

BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 is the subject of this sister post about the permissible use of evidence of mental impairment.  Two aspects of it deserve their own separate post.  The respondent barrister changed her plea twice, once after the liability phase of the hearing but before the […]

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Tags: "question of law" · amendment · appeals · civil-disciplinary interplay · Discipline · mental illness · procedure

WASCA on the kind of recklessness in making statements which amounts to conduct warranting discipline

June 12th, 2014 · No Comments

Traditionally, the law of professional discipline has differed from the law of negligence in three profound ways.  First, its aim is the protection of the public (though the policy in favour of protecting the reputation of the profession grossly infects the purity of this proposition in most analyses).  Secondly, it is about personal wrongdoing.  Statute […]

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Tags: "question of law" · appeals · autrefois acquit · Discipline · Dishonesty · duties regarding witnesses · duty to court · Ethics · fraud · litigation ethics · negligence as disciplinary breach · procedure · prosecutorial failures · prosecutors' duties

Supreme Court overturns 2008’s biggest discipline decision

August 26th, 2010 · No Comments

Update, 31 January 2012:  See now Council of the NSW Law Society v Simpson [2011] NSWADT 242 re the meaning of ‘misappropriation’.  It was on this point that Justice Bell in Brereton overturned VCAT’s decision: they had not recorded making a finding of dishonest intention. Original post: Justice Bell yesterday allowed an appeal by Michael […]

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Tags: "question of law" · appeals · Discipline · Trust money

Costs ordered against Law Institute in unsuccessful opposition to appeal against sentence of solicitor

June 29th, 2007 · No Comments

The last post referred to part 1 of the last chapter of an intriguing saga. The second and final part of that chapter is the decision on costs: PJQ v Law Institute of Victoria (No. 2) [2007] VSCA 132. The President of the Court of Appeal rejected the following submissions by the Institute: that the […]

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Tags: "question of law" · appeals · costs · Discipline · Legal Practice Act · Legal Profession Act · procedure · prosecutorial failures · prosecutors' duties

Court of Appeal sets aside unduly harsh outcome in gross overcharging prosecution

June 28th, 2007 · No Comments

PJQ v Law Institute of Victoria[2007] VSCA 122 is the part 1 of the last chapter in a story of good tactical plays characteristic of professional discipline specialist Sam Tatarka in the representation of a solicitor charged with gross overcharging, and applying trust monies to pay his fees without the appropriate paperwork. It sounds like […]

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Tags: "question of law" · appeals · Discipline · gross overcharging · Legal Practice Act · mental illness · Misconduct · Professional fees and disbursements · prosecutorial failures · Striking off · wilful disregard for rules

Procedural fairness: “Murray letters” considered by Victorian Court of Appeal

November 24th, 2006 · No Comments

B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 (Ormiston, Charles and Batt JJA) The Law Institute corresponded with the solicitors in this matter between 1998 and October 2000. The CEO Ian Dunn, wrote what is known in the game as “a Murray letter” on 16 October 2000. That is a letter […]

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Tags: "question of law" · appeals · Discipline · Legal Practice Act · Misconduct · natural justice · procedure · prosecutorial failures · prosecutors' duties · regulators' duties

3 years’ holiday for not making ongoing discovery

April 28th, 2006 · No Comments

Guss v Law Institute of Victoria Ltd [2006] VSCA 88 (Maxwell P gave the lead judgment, Callaway and Chernov JJA agreeing) A solicitor’s right to practice was suspended for three years and he was ordered to pay costs of $31,500 for failing to comply with the obligation of ongoing discovery in relation to what was […]

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Tags: "disgraceful and dishonourable" · "question of law" · common law · costs · Discipline · duty to court · Misconduct