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

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Entries Tagged as 'prosecutorial failures'

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

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

Disciplinary decisions result in res judicatae

February 8th, 2011 · No Comments

So said England’s highest court in R (on the application of Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 2. An accountant and his wife were directors and shareholders of trust companies carrying out regulated financial services in Jersey.  Jersey is an island off the coast of Normandy which is not […]

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Tags: autrefois acquit · Discipline · procedure · prosecutorial failures

Can’t keep up

August 7th, 2010 · No Comments

Many new decisions of interest are coming out and I will not have time to blog them any time soon as I have to go to University and concentrate on my latest and hopefully last field of study, Shareholders Rights and Remedies.  Here are some pointers in case you want to read this slew of […]

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Tags: autrefois acquit · Criminal liability · Discipline · doctors · Negligence · Out of court settlements · procedure · prosecutorial failures

Disciplinary charges and intentional wrongdoing

October 29th, 2009 · No Comments

Update, 4 December 2009: see now Legal Services Commissioner v Madden (No 2) [2008] QCA 301.  What the Queensland Court of Appeal said there about Walter’s Case, the subject of this post, is reproduced at the end of the post. Original post: Does a lawyer’s Bureau de Spank have to say in a charge in […]

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Tags: Discipline · Misconduct · natural justice · procedure · prosecutorial failures · prosecutors' duties · reckless disregard for rules · trust monies · Unsatisfactory conduct · wilful disregard for rules

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

Latest word on burden of proof in professional discipline ‘prosecutions’

August 30th, 2008 · 1 Comment

In this post, I just reproduce what Deputy President Dwyer said recently about the burden of proof, right to silence, and inferences which may be drawn from the fact of the exercise by a solicitor of the right to silence. He said it in the context of a hard-fought hearing into the conduct of Kylie’s […]

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Tags: "disgraceful and dishonourable" · common law · Discipline · Legal Practice Act · Legal Services Commissioner · Misconduct · procedure · prosecutorial failures · reckless disregard for rules · trust monies · Unsatisfactory conduct · VCAT Act · wilful disregard for rules

Kylie’s one-time lawyer goes down, with a ‘disgraceful and dishonourable’ finding

August 28th, 2008 · No Comments

On 13 August 2008, Deputy President O’Dwyer found charges of misconduct at common law made out against Kylie Minogue’s one-time solicitor, the man towards the centre of the government’s Operation Wickenby investigation, Michael Brereton. See Legal Services Commissioner v Brereton [2008] VCAT 1723. Mr O’Dwyer found he had transferred more than $2.3 million of clients’ […]

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Tags: "disgraceful and dishonourable" · common law · conflicts · Discipline · duty and interest · Legal Practice Act · Legal Services Commissioner · Misconduct · prosecutorial failures · Trust money

Law Institute seeks 50 year ban for 62 year old solicitor

July 11th, 2008 · No Comments

In Law Institute of Victoria v DSS [2008] VCAT 1179, the Institute sought in a misconduct prosecution an order that the solicitor not be allowed to handle trust monies for 50 years. Vice President Judge Ross described the submission as ‘somewhat excessive’. The solicitor had stolen $75,000 from his clients and out of his trust […]

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Tags: "disgraceful and dishonourable" · common law · costs · Criminal liability · Discipline · mental illness · Misconduct · Practising certificates · procedure · prosecutorial failures · Striking off · trust monies