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

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Entries Tagged as 'fraud'

Yet more on the obligation on Legal Services Commissioners to plead their case properly and stick to it

August 7th, 2016 · No Comments

Legal Services Commissioner v AL [2016] QCAT 237 is a decision of a disciplinary tribunal presided over by Justice David Thomas, President of QCAT and a Supreme Court judge. It is therefore of high persuasive value, and treats Queensland provisions which are the same as the equivalent Victorian provisions. And it provides what I suggest with […]

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Tags: Alleging fraud & misconduct · Briginshaw · Discipline · Dishonesty · Evidence · fraud · gross overcharging · jurisdiction · litigation ethics · natural justice · negligence as disciplinary breach · procedure · Professional fees and disbursements · prosecutorial failures · prosecutors' duties · Taxations · Unsatisfactory conduct · Wasted costs

Suspensions which are not suspensions and orders which are not orders

March 25th, 2015 · No Comments

VCAT’s latest decision to come to my attention, of Member Elizabeth Wentworth, involved another solicitor who did not lodge tax returns over an extended period. He was suspended from practice for 12 months, but the suspension was suspended provided he did not breach certain conditions in the three years after the orders.  If he does, then […]

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Tags: amendment · common law · Discipline · Dishonesty · fraud · Legal Profession Act · Misconduct · Practising certificates · procedure · Suspension

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

A last-ditch argument

May 7th, 2014 · No Comments

A South Australian solicitor’s last-ditch argument in his brave but unsuccessful battle to stay on the roll of practitioners was: ‘Mr Prescott contends that this Court should not act on the false testimony finding in the strike off application because, even though his testimony in the 2011 hearing was false, he had deluded himself into believing […]

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Tags: Discipline · fraud · mental illness · South Australia · Striking off

The civil and disciplinary consequences of making an allegation of serious wrongdoing without a proper foundation

January 7th, 2014 · No Comments

Friends, I need your help, again.  Certain promises I made to write about and present on the civil and disciplinary consequences of making allegations of serious wrongdoing (e.g. fraud) without a proper foundation are coming home to roost.  I’m looking at: disciplinary sanction of lawyers via Legal Services Commissioner, etc. prosecution; personal costs orders against […]

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Tags: Civil Procedure Acts · Discipline · duties regarding witnesses · duty to court · fraud · Legal writing · litigation ethics · Misconduct · Professional fees and disbursements · prosecutors' duties · Striking off · Vic Solis' Conduct Rules · Wasted costs

More on solicitors’ obligations to pay counsel’s fees

April 3rd, 2013 · No Comments

Council of the Law Society of New South Wales v JAX [2012] NSWADT 283 is a case in which the solicitor was disciplined for paying himself out of fees provided to him by his client for payment of counsel’s fees.  Ultimately he went bankrupt and did not pay the fees. See also this earlier post […]

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Tags: Discipline · Dishonesty · fraud · mental illness · Professional fees and disbursements · prosecutors' duties · Trust money · Unsatisfactory conduct

The Keddies overcharging civil case no. 1

November 24th, 2011 · 1 Comment

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 of […]

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

WA soli disciplined for recklessly misleading Family Court

August 10th, 2011 · 1 Comment

Update, 22 September 2011:  Here is the penalty decision.  The Complaints Committee argued for a report to the Supreme Court recommending striking off, but the Tribunal found that was not necessary and imposed a $20,000 on top of a costs order of about $18,000. But for the fact that the former solicitor was, at the […]

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Tags: Discipline · duty to court · Ethics · fraud · litigation ethics

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

July 26th, 2011 · 2 Comments

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, where […]

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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

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!’ said […]

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