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

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Entries Tagged as 'Unsatisfactory conduct'

No appearing on behalf of others in VCAT when your practising certificate's suspended

December 3rd, 2006 · No Comments

The Victorian Civil and Administrative Tribunal (Amendment No. 17) Rules 2006 will introduce a new class of people prohibited from representing others in VCAT: lawyers whose practising certificates are suspended or who have been struck off the role of practitioners. No doubt some bright spark had her practising certificate suspended and decided to continue practising [...]

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Tags: Misconduct · Unsatisfactory conduct · VCAT Act

A very generous approach to a Hungerfords damages claim tacked onto a misconduct prosecution

April 1st, 2006 · No Comments

Law Institute v KTBH [2006] VCAT 350 (Senior Member Howell)
There were separate disciplinary and negligence proceedings against the solicitor over the same facts. At the end of the disciplinary hearing, and on the basis of the prosecutrix's submissions, Mr Howell decided to determine the negligence case and get the whole thing over and done with. [...]

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Tags: Discipline · Misconduct · Negligence · Unsatisfactory conduct · civil-disciplinary interplay · common law · prosecutors' duties

Non-disclosure of own negligence founds unsatisfactory conduct conviction

March 31st, 2006 · No Comments

Law Institute of Victoria v PJR [2006] VCAT 293 (see the associated pecuniary loss dispute decision here)

The Law Institute prosecuted a solicitor for misconduct constituted by simply missing a time limit. That failed, as did most of the other charges. But he was convicted of unsatisfactory conduct in not telling his client for two years [...]

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Tags: Discipline · Unsatisfactory conduct · amendment · civil-disciplinary interplay · conflicts · costs · duty and interest · negligence as disciplinary breach · procedure · prosecutorial failures

Workcover case trust transfer costs solicitor $10,000

March 28th, 2006 · No Comments

Law Institute v SA [2006] VCAT 442
On 21 March 2006, Mr Butcher found a solicitor guilty of three counts of unsatisfactory conduct (maximum fine of $1,000 and fine of $500 for taking fees out of workers' compensation settlement, and $500 for admitted breach of the costs disclosure rules under s. 86 of the Legal Practice [...]

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Tags: Discipline · Misconduct · Professional fees and disbursements · Unsatisfactory conduct · reckless disregard for rules