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

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Entries Tagged as 'mental illness'

Excellent paper on lawyers' discipline by Stitt QC and Lindsay SC

October 25th, 2006 · No Comments

The New South Wales Law Society distinguishes itself amongst the Australian law societies with its in depth ethics resources. The Bar Association too is good in that regard in that state. Here is an excellent paper by R.R. Stitt QC and G.C. Lindsay SC entitled "Disciplinary Proceedings Affecting Barristers". It's a bit old now (June [...]

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Tags: Discipline · mental illness · procedure · prosecutors' duties · regulators' duties

Leave granted retrospectively to file charge out of time against barrister for 1999 conduct

October 7th, 2006 · No Comments

New South Wales Bar Association v LI (No 2) [2006] NSWADT 263
Some of the allegedly agro behaviour of a now-78-year-old barrister at an arbitration which commenced on 19 December 1999 was not appreciated and resulted in a disciplinary complaint in May 2000. In mid-2003, a charge was finally laid by the NSW Bar Association. [...]

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Tags: Discipline · mental illness · procedure · regulators' duties

The XY saga of a formerly mentally ill applicant for admission

October 3rd, 2006 · No Comments

It is an intriguing saga which is recounted in Board of Examiners v XY [2006] VSCA 190, involving the application for admission to practice by a woman with a criminal record and a history of mental illness. According to psychiatrists, by the time of an appeal to the Supreme Court, her mental illness was over. [...]

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Tags: Admission · Legal Practice Act · mental illness

Depressed partner who stole $275,000 gets suspended sentence

September 26th, 2006 · No Comments

R v G*rant [2006] VSC 235
A property lawyer who was a partner in a two partner, 3 office firm, became depressed and failed to lodge tax returns for 9 years. When the ATO cracked down on lawyers, he lodged the returns late, and became liable for about $200,000 in tax, interest, and penalties.
He stole from [...]

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Tags: Discipline · Fiduciary duties · mental illness · trust monies

Disciplinary tribunal can't find misconduct by commission of crime

August 30th, 2006 · No Comments

Legal Practitioners Conduct Board v Ardalich [2005] SASC 278
A solicitor suffered from what used to be known as "manic depression". He had been charged with criminal offences of forgery but not convicted on mental grounds. The South Australian Legal Practitioners Disciplinary Tribunal heard charges that the solicitor was guilty of misconduct in having committed [...]

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Tags: Discipline · Misconduct · mental illness

Insanity not a defence to professional discipline proceedings

August 30th, 2006 · No Comments

Legal Practitioners Conduct Board v Ardalich [2005] SASC 278
The solicitor referred to in the next post could not escape a finding of unprofessional conduct because of his mental state, even though the species of unprofessional conduct alleged against him was the commission of serious criminal offences to which insanity was a defence. The South [...]

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Tags: Discipline · Misconduct · Uncategorized · mental illness