Contents
The Ethical Framework Error! Bookmark not defined.
Admissions and Requirements for Practice Error! Bookmark not defined.
Who can provide legal services?
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Are they eligible?
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Have they satisfied the academic requirements?
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Have they completed the Practical Legal Training Prerequisite?
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Are they suitable?
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Do they have previous criminal conduct?
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Does the crime need an element of dishonesty?
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Has there been a substantial amount of time since commission of the crime? Has there been any evidence of rehabilitation?
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Have they behaved improperly in the past?
Are there any mitigating factors?
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Age? Error! Bookmark not defined.
Time Interval? Error! Bookmark not defined.
Appreciation of seriousness of misconduct? Redemption? Remorse? Error! Bookmark not defined.
External Stressors? Error! Bookmark not defined.
Nature of offence? Error! Bookmark not defined.
Is there a requirement of disclosure?
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Cases relating to Admission: Error! Bookmark not defined.
Show Cause Events Error! Bookmark not defined.
Discipline and Penalties Error! Bookmark not defined.
Co–regulation - NSW Professional councils Error! Bookmark not defined.
What will amount to ‘unsatisfactory professional conduct’?
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What will amount to ‘Professional Misconduct’?
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Has the practitioner been regularly complained about for committing UPC? not defined.
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Is the dispute merely one of a ‘consumer’ nature? Error! Bookmark not defined.
What is the purpose of disciplining of lawyers?
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What Penalties are likely to be awarded against the practitioner? defined.
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Consequences depend on seriousness: Section 299 Uniform Law Error! Bookmark not defined.
S. 302 Uniform Law - determination of UPC or PM by Tribunal. Error! Bookmark not defined.
Section 152 Legal Profession Uniform Law Application Act 2014 (NSW) not defined.
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Striking off the roll Error! Bookmark not defined.
Personal conduct Error! Bookmark not defined.
When does a retainer arise? Proof of Retainer Error! Bookmark not defined.
Terms of the Retainer Error! Bookmark not defined.
When does the retainer come into effect?
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What terms must be express?
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What terms are implied?
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Termination of the Retainer Error! Bookmark not defined.
When may a Practitioner terminate a retainer? Error! Bookmark not defined.
The Fiduciary Duty Error! Bookmark not defined.
Costs Disclosure Error! Bookmark not defined.
When must costs be disclosed?
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What exactly must be disclosed at this time? Error! Bookmark not defined.
What further action must be taken over the course of the rest of the relationship?
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Are there any exceptions to the requirement of Costs Disclosure?
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What are the consequences of non-disclosure?
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Entering a Costs Agreement Error! Bookmark not defined.
When are costs recoverable? Error! Bookmark not defined.
Disclosure for the Costs Agreement Error! Bookmark not defined.
When can Costs Agreements be set aside?
Costs Assessments
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Discipline for Excessive Fees Error! Bookmark not defined.
Duty to Advise Error! Bookmark not defined.
Rule 17- Is a solicitor to act simply as a ‘hired gun’?
Advising a client to break the law
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Duty of Communication Error! Bookmark not defined.
Reasonable Prospects of Success Error! Bookmark not defined.
What does the legislation say in this regard?
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What will amount to ‘reasonable prospects’? Error! Bookmark not defined.
Care and Competence Error! Bookmark not defined.
Duty of Competence Error! Bookmark not defined.
Is competence controlled/ enforced at the point of entry to the profession?
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Is Liability reduced for Pro Bono or Legal Aid? Error! Bookmark not defined.
What if they hold themselves out as an expert? Error! Bookmark not defined.
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UPC/PM Error! Bookmark not defined.
Is a Duty of Care owed to the Client...?
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Can a solicitor be concurrently liable under torts and contract?
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Was the Duty of Care breached?
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What is required in order to avoid a lawsuit Error! Bookmark not defined.
Examples of Breaches Error! Bookmark not defined.
Civil Liability Act 2002 (NSW) section 5O Error! Bookmark not defined.
Did the breach cause the loss?
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Professional indemnity insurance Error! Bookmark not defined.
Advocates immunity Error! Bookmark not defined.
Confidentiality Error! Bookmark not defined.
Where does the duty of Confidentiality come from?
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What if the client has died?
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Why is it necessary?
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What does it govern?
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Legal Professional Privilege Error! Bookmark not defined.
Burden of proof lies on the party claiming to prove. Error! Bookmark not defined.
When may a claim of LPP be made? Error! Bookmark not defined.
When may confidentiality be breached?
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Remedies for breach of...
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Privileged Information Error! Bookmark not defined.
Other Error! Bookmark not defined.
Conflicts of Interest Error! Bookmark not defined.
Duty to Account Error! Bookmark not defined.
Failure to Account Error! Bookmark not defined.
General Duty to Courts Error! Bookmark not defined.
Clients Pleading the Wrong Thing Error! Bookmark not defined.
Duty to Third Parties Error! Bookmark not defined.
Duty to Other Lawyers Error! Bookmark not defined.
Communication Error! Bookmark not defined.
Threats to report an Opposing Lawyer Error! Bookmark not defined.
Negotiation Error! Bookmark not defined.
Undertakings Error! Bookmark not defined.
Not communicating with another lawyer’s client Error! Bookmark not defined.
Mistakes by another lawyer or government authority Error! Bookmark not defined.
Complaints against other lawyers Error! Bookmark not defined.
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Transfer of Clients Documents Error! Bookmark not defined.
Duties to other lawyers- relationship with counsel Error! Bookmark not defined.
Duties to third parties other than other lawyers Error! Bookmark not defined.
Self-Represented Litigants Error! Bookmark not defined.
The Role of the Prosecutor Error! Bookmark not defined.
Facilitating access to justice Error! Bookmark not defined.
Meeting the costs Error! Bookmark not defined.
Legal Aid
Pro-Bono
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Alternative Dispute Resolution Error! Bookmark not defined.
Commodification of legal services and self-represented litigants Error! Bookmark not defined.
DO LAWYERS HAVE A DUTY TO FACILITATE ACCESS TO JUSTICE?
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Discrimination and disability Error! Bookmark not defined.
War on terror and the balance of civil liberties Error! Bookmark not defined.
Future Directions of the Legal Profession + Culture Error! Bookmark not defined.
Gender participation in legal practice Error! Bookmark not defined.
Indigenous Lawyers Error! Bookmark not defined.
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