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

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Entries Tagged as 'wilful disregard for 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

What, exactly, is a reckless contravention of a conduct rule?

August 13th, 2011 · No Comments

Under the Legal Practice Act, 1996, the distinction between what was then called ‘misconduct’ and what was then called ‘unsatisfactory conduct’ of the kind constituted by a breach of a conduct rule or of a provision of the Act, depended on whether the breach was wilful or reckless, in which case it was misconduct, or […]

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Tags: Discipline · Misconduct · reckless disregard for rules · wilful disregard for rules

Honest and reasonable mistake as a defence to disciplinary charges

March 24th, 2010 · No Comments

Senior Member Howell decided last year in Legal Services Commissioner v RMB [2010] VCAT 51 that there is a mens rea element to professional discipline offences under the Legal Profession Act, 2004, in that there is a defence of ‘honest and reasonable mistake’.  That fascinates me, since under the previous Act, misconduct and unsatisfactory conduct […]

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Tags: Discipline · duties regarding witnesses · Ethics · litigation ethics · Misconduct · reckless disregard for rules · Unsatisfactory conduct · wilful disregard for rules

Commissioner’s obligation to charge dishonesty if he intends to allege it

December 4th, 2009 · No Comments

Relatively recently, I posted on the question of whether a Bureau de Spank desiring to rely on a practitioner’s dishonesty or other form of conscious wrongdoing must expressly allege it in the charge, and discussed Walter v Council of Queensland Law Society Incorporated (1988) 77 ALR 228 at 234; [1988] HCA 8.  Now, in Legal […]

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Tags: amendment · appeals · concurrent duties · conflicts · current client and past client · Discipline · duty and duty · Ethics · jurisdiction · Legal Profession Act · Legal Services Commissioner · Misconduct · natural justice · Practising certificates · procedure · Professional regulation · Striking off · Trust money · trust monies · wilful disregard for rules

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

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

Suddenly, solicitors are losing their practising certificates for not cooperating with the Bureau de Spank

May 27th, 2008 · No Comments

Update, 13 June 2008: In Legal Services Commissioner v GT [2008] VCAT 982, the solicitor failed to respond to a Bureau demand for 8 months. The complaint about which the Commissioner sought information was of not attending to client affairs, just like the complaint which, amongst others, gave rise to two misconduct findings and two […]

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Tags: Discipline · Legal Services Commissioner · Misconduct · wilful disregard for rules

Court of Appeal sets aside unduly harsh outcome in gross overcharging prosecution

June 28th, 2007 · No Comments

PJQ v Law Institute of Victoria[2007] VSCA 122 is the part 1 of the last chapter in a story of good tactical plays characteristic of professional discipline specialist Sam Tatarka in the representation of a solicitor charged with gross overcharging, and applying trust monies to pay his fees without the appropriate paperwork. It sounds like […]

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Tags: "question of law" · appeals · Discipline · gross overcharging · Legal Practice Act · mental illness · Misconduct · Professional fees and disbursements · prosecutorial failures · Striking off · wilful disregard for rules

WA solicitor guilty of unprofessional conduct in “No compensation = No legal fees” ad

August 28th, 2006 · No Comments

Legal Practitioners’ Complaints Committee v SJB [2006] WASAT 201 It is a serious crime in Western Australia to advertise in a way calculated to cause a person make a personal injury claim. A solicitor ran ads headed “Injured in a road accident and made a claim? If so, read on. [footnote: If you have not […]

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Tags: advertising · Discipline · Ethics · No win no fee · Professional fees and disbursements · wilful disregard for rules