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

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Entries Tagged as 'Striking off'

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

A last-ditch argument

May 7th, 2014 · No Comments

A South Australian solicitor’s last-ditch argument in his brave but unsuccessful battle to stay on the roll of practitioners was: ‘Mr Prescott contends that this Court should not act on the false testimony finding in the strike off application because, even though his testimony in the 2011 hearing was false, he had deluded himself into believing […]

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Tags: Discipline · fraud · mental illness · South Australia · Striking off

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

The civil and disciplinary consequences of making an allegation of serious wrongdoing without a proper foundation

January 7th, 2014 · No Comments

Friends, I need your help, again.  Certain promises I made to write about and present on the civil and disciplinary consequences of making allegations of serious wrongdoing (e.g. fraud) without a proper foundation are coming home to roost.  I’m looking at: disciplinary sanction of lawyers via Legal Services Commissioner, etc. prosecution; personal costs orders against […]

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Tags: Civil Procedure Acts · Discipline · duties regarding witnesses · duty to court · fraud · Legal writing · litigation ethics · Misconduct · Professional fees and disbursements · prosecutors' duties · Striking off · Vic Solis' Conduct Rules · Wasted costs

Another solicitor struck off for not paying counsel’s fees

October 17th, 2012 · No Comments

A South Australian solicitor has been struck off for a panoply of wrongs, one of which included failing to pay counsel’s fees: Legal Practitioners Conduct Board v Wharff [2012] SASCFC 116.  On this subject, broadly construed, see also: Council of the Law Society of NSW v PJB [2012] NSWADT 153,  Council of the Law Society […]

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Tags: Misconduct · Professional fees and disbursements · Striking off

The sting in calling in aid your mental infirmity in disciplinary proceedings

November 7th, 2010 · No Comments

Legal Profession Complaints Committee v DL [2010] WASAT 133 is one of those cases where psychiatric evidence called in aid of the disciplinary defendant, a solicitor, was used in support of the Tribunal’s decision effectively to strike the solicitor off.  In relation to mental illness, the ‘protective not punitive’ mantra of the law of professional […]

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Tags: Discipline · mental illness · Striking off

Chief spanks Bureau

June 20th, 2010 · No Comments

Update, 9 August 2010: The Bureau briefed silk and an affidavit from the informant in the child pornography offences made all the difference.  The solicitor again did not turn up, and the Chief disbarred him, ordering him to pay the Board’s costs, though not those of the hearing at which the Bureau failed because of […]

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Tags: Evidence · Striking off

Ziems v Prothonotary of the Supreme Court of NSW

June 15th, 2010 · 2 Comments

Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 is a much-cited decision in the law which governs the pointy end of professional discipline of lawyers: striking off the roll.  A majority held that where a lawyer is convicted of even a serious criminal offence […]

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Tags: Criminal liability · Striking off

Pagone J hesitates before making consent order striking QC off Victorian roll

December 15th, 2009 · 1 Comment

A Victorian QC was jailed this year by a County Court judge for 2 with a minimum of 6 months for possessing child pornography.  Recently, the Legal Services Board applied to the Supreme Court for an order striking him off.  The QC did not appear but communicated his willingess to be struck off by signing […]

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Tags: Striking off

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