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

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Entries Tagged as 'Dishonesty'

The Keddies overcharging civil case no. 1

November 24th, 2011 · 1 Comment

Tweet Liu v Barakat, unreported, District Court of NSW, Curtis J, 8 November 2011 is the latest in an ongoing scandal in NSW in relation to overcharging by a prominent personal injuries practice which traded as Keddies, but has subsequently been gobbled up by a publicly listed company.  Many are unhappy at the strike rate [...]

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Tags: costs disclosure defaults · Discipline · Dishonesty · fraud · Professional fees and disbursements · Solicitor client bills of costs · Taxations

Legal Services Commissioner’s website explains difference between professional misconduct and unsatisfactory professional conduct

July 26th, 2011 · 2 Comments

Tweet Update: So far, I have had the following responses to my musing, which seems to excite you all more than I could have imagined: ‘Thats easy, fraud is directly aimed at unlawful appropriation – dishonesty may be indirectly so.’ ‘Fraud v dishonesty – my thought: does fraud require there to have been a victim, [...]

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Tags: Discipline · Dishonesty · fraud · Legal Profession Act · Legal Services Commissioner · Misconduct · Unsatisfactory conduct

Disciplinary prosecutors must specifically plead dishonesty

May 12th, 2011 · No Comments

Tweet In Council of the Law Society of NSW v WDC [2011] NSWADT 83, NSW’s Bureau de Spank rejected a submission of the Law Society to the effect that it should make findings of misappropriation (a necessary element of which is dishonesty) which the Law Society said it had impliedly alleged in the charge.  ‘Nonsense!’ [...]

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Tags: Discipline · Dishonesty · Evidence · fraud · procedure · prosecutors' duties

Dishonesty in a solicitor: does it require striking off?

May 10th, 2011 · No Comments

Tweet In Fraser v Council of the Law Society of NSW [1992] NSWCA 72, which is part of the subject of this post, President Kirby made some comments on the relationship between the jurisdiction to strike a practitioner off the roll and a finding or admission of dishonesty, that is, fraud.  The Court of Appeal [...]

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Tags: "disgraceful and dishonourable" · Discipline · Dishonesty · Misconduct

Solicitor fined $3,500 for forgery

May 9th, 2011 · 6 Comments

Tweet A 27 year old solicitor working in family law twice lied about the existence of a document, and then forged it.  That was just one and a bit years after a harrowing admission application in which the Board of Examiners split on whether she should be admitted, as a result of what VCAT’s Deputy [...]

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Tags: Discipline · Dishonesty · fraud · mental illness · Misconduct