Contents
The Ethical Framework Error! Bookmark not defined.
Admissions and Requirements for Practice Error! Bookmark not defined.
Who can provide legal services?
Error! Bookmark not defined.
Are they eligible?
Error! Bookmark not defined.
Have they satisfied the academic requirements?
Error! Bookmark not defined.
Have they completed the Practical Legal Training Prerequisite?
Error! Bookmark not defined.
Are they suitable?
Error! Bookmark not defined.
Do they have previous criminal conduct?
Error! Bookmark not defined.
Does the crime need an element of dishonesty?
Error! Bookmark not defined.
Has there been a substantial amount of time since commission of the crime? Has there been any evidence of rehabilitation?
Error! Bookmark not defined.
Have they behaved improperly in the past?
Are there any mitigating factors?
Error! Bookmark not defined.
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
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’?
Error! Bookmark not defined.
What will amount to ‘Professional Misconduct’?
Error! Bookmark not defined.
Has the practitioner been regularly complained about for committing UPC? not defined.
Error! Bookmark

Is the dispute merely one of a ‘consumer’ nature? Error! Bookmark not defined.
What is the purpose of disciplining of lawyers?
Error! Bookmark not defined.
What Penalties are likely to be awarded against the practitioner? defined.
Error! Bookmark not
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.
Error! Bookmark
1 | P a g e

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?
Error! Bookmark not defined.
What terms must be express?
Error! Bookmark not defined.
What terms are implied?
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
Are there any exceptions to the requirement of Costs Disclosure?
Error! Bookmark not defined.
What are the consequences of non-disclosure?
Error! Bookmark not defined.
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
Error! Bookmark not defined.
Error! Bookmark not defined.
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
Error! Bookmark not defined.
Error! Bookmark not defined.
Duty of Communication Error! Bookmark not defined.
Reasonable Prospects of Success Error! Bookmark not defined.
What does the legislation say in this regard?
Error! Bookmark not defined.
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?
not defined.
Error! Bookmark
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.
2 | P a g e

UPC/PM Error! Bookmark not defined.
Is a Duty of Care owed to the Client...?
Error! Bookmark not defined.
Can a solicitor be concurrently liable under torts and contract?
Error! Bookmark not defined.
Was the Duty of Care breached?
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
What if the client has died?
Error! Bookmark not defined.
Why is it necessary?
Error! Bookmark not defined.
What does it govern?
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
Remedies for breach of...
Error! Bookmark not defined.
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.
3 | P a g e

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
Error! Bookmark not defined.
Error! Bookmark not defined.
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?
Error! Bookmark not defined.
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.
4 | P a g e