As with most years, no doubt scores of Victorian lawyers forgot to renew their practising certificates last year. For months, in some cases, this situation was allowed by the regulators to persist without intervention. In Victorian Bar Inc v GSL  VCAT 435 the VCAT, constituted by Judge Bowman, Peter Jopling QC, and Ms F […]
Entries Tagged as 'Legal Services Commissioner'
Does the Legal Services Board have the power retrospectively to excuse inadvertently practising briefly without a practising certificate?
Tags: Legal Profession Uniform Law · Legal Services Commissioner · Practising certificates · Professional fees and disbursements · Professional regulation · Retainers · Uniform Legal Services Council and Commissioner
The Victorian Legal Services Commissioner has published a report on his new proactive regulation of the profession. It tells how risk profiles of practices are being constructed with the assistance of academics to target trust audits and audits of firms more generally (a new thing for law practices which are not ILPs). It also tells […]
A man was acquitted of criminal charges. The prosecution’s appeal failed. He complained about the police’s lawyers’ conduct to South Australia’s Bureau de Spank, the Legal Practitioner Conduct Commissioner. The Commissioner dismissed the complaint. There was a statutory right of appeal in respect of some but not all categories of decisions at the conclusion of a […]
Lawyers have an obligation proactively to assert and protect the privilege enjoyed by their clients and former clients: Re Stanhill Consolidated Ltd  VR 749 at 752. I wrote about it in this post about the Legal Profession Act 2004 (Vic). Lawyers have no implied or, I would suggest, ostensible authority to waive privilege belonging to former […]
Advocates’ immunity was, until recently, more powerful than many lawyers were aware. Since the 1 July 2015 introduction of the Legal Profession Uniform Law and the High Court’s May 2016 decision in Attwells v Jackson Lallic Lawyers Pty Limited, however, it may be narrower than many realise. And perhaps not everyone is aware that the […]
Tags: Advocates' Immunity · Barristers' immunity · Civil Procedure Act 2010 (Vic) · Costs Court · Discipline · Insurance · Legal Profession Uniform Law · Legal Services Commissioner · National Profession Uniform Law · negligence as disciplinary breach · Professional fees and disbursements · Taxations · The suit for fees · Wasted costs
The Bureau de Spank’s obligation not to publish about disciplinary orders until lawyers’ appeal rights are spent
Parliament is considering a bill to re-instate the disciplinary register, and to prohibit the Bureau de Spank from trumpeting its successes before the respondent practitioners’ appeal rights are exhausted: Legal Profession Uniform Law Application Amendment Bill 2016 (Vic.). Cl. 150E of the Bill proposes to prohibit the Legal Services Board from providing to the public information about disciplinary […]
Tags: appeals · Discipline · Legal Profession Act · Legal Profession Uniform Law · Legal Services Commissioner · Legal writing · litigation ethics · National Profession Uniform Law · Professional regulation · prosecutors' duties · regulators' duties · VCAT
Ok, so the High Court is still ruminating after the recent hearing of an appeal from Jackson Lalic Lawyers Pty Ltd v Attwells  NSWCA 335 in which the immunity was again challenged. And advocates’ immunity was probably already abolished in certain respects in Victoria by the Civil Procedure Act 2010, s. 29 of which gives anyone who […]
Updated post: The decision is under appeal: Champion v Rohrt  VSCA 64. Original post: VCAT has taken a most expansive approach to its jurisdiction to rule on civil disputes involving lawyers in Rohrt v Champion  VCAT 1875. The liquidator of a company served a notice on a solicitor under the Corporations Law, 2001 […]
In my experience, the Legal Services Commissioner generally assumes that material relevant to penalty is inadmissible at the liability stage. So, for example, the Commissioner applied recently for leave to re-cross-examine a practitioner in a disciplinary hearing, after the close of evidence, in order to adduce evidence relevant to penalty by reference to ‘disciplinary priors’, even though […]
My practice has had me thinking a lot recently about the professional discipline of the mentally ill. The legal profession has caught up with the medical profession by coming up with good policies which make clear that where mental illness can be managed in such a way as to protect clients and others to whom […]