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

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Entries Tagged as '“disgraceful and dishonourable”'

VCAT finds practitioner guilty of conduct prejudicing administration of justice

April 2nd, 2016 · No Comments

I only learnt in the last few years that Melbourne is one of the world’s great Jewish cities, with a globally significant series of communities of orthodox adherents.  One of those orthodox communities has delivered up an interesting case.  In Victorian Legal Services Commissioner v AL [2016] VCAT 439, VCAT’s Acting President recently found a well known […]

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Tags: "disgraceful and dishonourable" · Briginshaw · common law · Discipline · duty to court · Evidence · litigation ethics · Misconduct · Rule of law · Vic Solis' Conduct Rules

The permissible forensic uses of historical mental illness in professional discipline trials

March 2nd, 2016 · No Comments

Professor Dal Pont’s excellent text Lawyers’ Professional Responsibility (5th ed., 2013) suggests at [23.145] that mental illness will rarely provide a defence to a disciplinary prosecution, the purpose of which is protective rather than punitive.  He argues, in part, that the public needs protection just as much from the mentally ill who do bad things […]

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Tags: "disgraceful and dishonourable" · appeals · common law · Discipline · mental illness · Misconduct · negligence as disciplinary breach · Unsatisfactory conduct · wilful disregard for rules

NSW solicitor who failed to pay counsel’s fees struck off

May 9th, 2014 · 2 Comments

Updated post (25 July 2014):  The answer to the question posed by the original post is: yes, he will be struck off.  Here are the reasons: Council of the Law Society of NSW V Andreone (No2) [2014] NSWCATOD 81.  His failure to make submissions on the question would not have assisted.  On the question of whether […]

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Tags: "disgraceful and dishonourable" · common law · Discipline · Misconduct · Professional fees and disbursements · Striking off · Trust money

Clyne v NSW Bar Association: the leading case on unfounded allegations

February 11th, 2014 · No Comments

Clyne v New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 is a unanimous decision of the Dixon Court confirming the striking off of a Sydney barrister, Peter Clyne, for making unfounded and serious allegations on behalf of a husband against the wife’s solicitor in matrimonial litigation for the admitted purpose of […]

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Tags: "disgraceful and dishonourable" · Abuse of process · Alleging fraud & misconduct · Discipline · duty to court · Ethics · Evidence · Legal writing · litigation ethics · Misconduct · prosecutors' duties · Striking off

Dishonesty in a solicitor: does it require striking off?

May 10th, 2011 · No Comments

Updated post, 1 July 2016: see the English High Court case Law Society of Ireland v Patrick Enright described in this case note. Original post: 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 […]

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

Lawyers’ false attestation of documents and fraudulent certificates of advice

April 10th, 2011 · 3 Comments

Up-updated post, 18 May 2017:  See also LSC v Huggett [2017] NSWCATOD 67, which gathers together additional authorities at [63]. Updated post, 11 March 2016: In The Law Society of New South Wales v Gathercole [2016] NSWCATOD 27, the Tribunal was asked by the applicant to order the removal of the practitioner’s name from the roll for falsely […]

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Tags: "disgraceful and dishonourable" · common law · Discipline · Misconduct · Unsatisfactory conduct

Plagiarist solicitor suspended for 6 months

February 22nd, 2010 · No Comments

In Legal Services Commissioner v WJK [2010] VCAT 108, a sole practitioner who has written a legal text and published a number of articles succumbed to temptation when the pressures of life got to him and meant he did not have time to do a proper job of writing a 10,000 word research paper for […]

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Tags: "disgraceful and dishonourable" · common law · Discipline · Legal writing · Misconduct

Doctors, psychologists, sex and former patients

September 7th, 2009 · 1 Comment

In Re a Psychologist [2009] TASSC 70, the Supreme Court of Tasmania quashed a decision of the Psychologists Registration Board of Tasmania to suspend a psychologist for 6 months for entering into a sexual relationship with a former patient fewer than 2 years after the end of the therapeutic relationship.  In fact he married her. […]

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Tags: "disgraceful and dishonourable" · amendment · Discipline · doctors · Misconduct · natural justice · procedure · prosecutorial failures · prosecutors' duties

VCAT explores definition of professional misconduct at common law unconnected with legal practice

August 7th, 2009 · No Comments

In Legal Services Commissioner v RAP [2009] VCAT 1200, the Bureau failed to establish a charge of professional misconduct at common law against a solicitor in respect of conduct which occurred otherwise than in the course of, and unconnected with, legal practice.  (Another charge, not the subject of this post, succeeded.) The allegation was that […]

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Tags: "disgraceful and dishonourable" · common law · Criminal liability · Discipline · Ethics · Legal Profession Act · litigation ethics · Misconduct · prosecutorial failures

Beak bribe boast bars barro

February 4th, 2009 · No Comments

Legal Services Commissioner v JDG [2008] LPT 17 is a shocking case in which a Queensland barrister was struck off after he lied when confronted by investigators with the true proposition that he had offered to pay a $50,000 bribe to a Magistrate or Crown prosecutor on behalf of a client.  He also took $59,000 […]

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Tags: "disgraceful and dishonourable" · common law · Discipline · Legal Profession Act · Misconduct · Negligence · Professional fees and disbursements · Striking off · Trust money · trust monies