Ethics and professional responsibility

A retainer that is not explicitly stated, but is inferred from the actions between the lawyer and client.

Essential qualities expected of lawyers, crucial for maintaining trust and upholding professional standards.

Dishonest actions by a lawyer can lead to severe consequences, like being struck off.

Information shared between a lawyer and client that must be kept private unless the client consents.

A situation where a lawyer represents two opposing clients and their interests clash.

This rule establishes the framework for avoiding conflicts of interest between clients in the same matter.

If a lawyer is disclosing client information, authorization needs to be sought from the client first.

Specific criteria considered when determining if a retainer exists without an explicit agreement.

Legal practitioners must ensure impartiality and avoid prioritizing the interests of one client over others when representing multiple clients.

A conflict arises when a legal practitioner acts against a former client in litigation related to the same transaction.

A conflict may exist between the current client and a former client, or a current client and the lawyer's own interests.

A lawyer's responsibility to the court supersedes their duty to their client.

Lawyers must evaluate a client's case honestly and not waste court time with unnecessary filings.

Submitting a false affidavit is a violation of a lawyer's duty to the court.

Lawyers cannot engage in prohibited borrowing transactions related to client funds.

Accepting gifts from clients can create a conflict of interest.

A promise made by a solicitor to a court, regarding their conduct and actions in a legal case.

Creating or altering a court document with the intention to deceive.

Duties of courtesy, fairness, and avoiding unnecessary conflict among lawyers.

Need explicit consent before contacting clients who are already represented by other lawyers.

Honour promises made to other lawyers in a legal context.

A solicitor's primary duty is to the court, not to their client, even if the client's instruction seems misguided.

Legal practitioners must maintain the fairness & trustworthiness of the legal process, not aiding client in delaying or deceiving court.

Lawyers must be truthful to the court when providing information. Suppression of evidence is against this duty.

A lawyer must avoid situations where their personal or professional interests might conflict with their duty to their client or the court.

Lawyers shouldn't influence or shape a witness' testimony to favor their client.

A lawyer is not always obligated to follow client instructions without verification, unless they have personal knowledge or the client statements are implausible.

A client's action, causing a lawyer to create or modify documents or provide evidence in support of a (false) confession, can result in prosecution.

Lawyers must avoid actions that mislead or deceive the court, even if unintentional.

Rule 28 of the PCR 2015 applies to the entering of judgements, ensuring fairness and orderliness in the legal process.

A lawyer accused of misconduct must be given a chance to respond to allegations in a fair and impartial manner.

Lawyers must follow specific rules outlined in the PCR and Practice Directions for communicating with the court.

Lawyers must avoid taking advantage of others, acting in a fraudulent manner, or seeking recovery of what is not legally allowed.

A mediator who has previously acted in a case cannot represent a party in a subsequent matter related to the same issue.

Misconduct involves falling below the required standards of integrity and bringing dishonour to the legal profession.

Lawyers are subject to the rules of professional conduct even when acting in their personal lives.

Lawyers are responsible for supervising their staff, including paralegals, to ensure they follow ethical guidelines.

This 2019 case established that a solicitor is liable for their employee's misappropriation of client funds, even if the solicitor was unaware. The solicitor was suspended for 4 years, highlighting the importance of strong internal controls and supervision of employees.

Section 77 of the Legal Profession Act (LPA) prohibits solicitors from assisting anyone who is not a qualified solicitor in carrying out legal work. This includes tasks like giving legal advice, signing legal documents, or representing clients in court.

Breaching section 77 of the LPA carries a hefty penalty. A solicitor could face a $50,000 fine or up to 12 months imprisonment.

Rule 33 of the Legal Profession Act (LPA) prevents anyone who is not a qualified solicitor from claiming to be one or using the title 'solicitor,' even if they are involved in legal work. This ensures clarity and prevents impersonation.

Rule 41 outlines what information a solicitor can legally publicize about their practice. This includes basic details like contact information, areas of specialization, and qualifications.

If a solicitor makes a public statement about their practice and it's later found to be false or misleading, they have a duty to correct the information and retract the statement.

Solicitors must charge their clients fairly. Rule 17(7) of the Professional Conduct Rules (PCR) prohibits them from overcharging for their legal services.

Section 107 of the Legal Profession Act and Rule 18 of the Professional Conduct Rules prohibit lawyers from charging contingency fees, meaning a fee based on the outcome of a case. This aims to ensure lawyers act in the best interests of their clients and avoid incentivized behavior solely based on financial gain.