Misconduct General Lawyers who engage in misconduct are most are in breach of their duty as a Scope – legal practitioner and can face disciplinary procedures [see Disciplinary Procedures] The proper administration of justice requires that the Course of Practice – public, courts and tribunals are able to rely on what a lawyer says and does. Law Society of NSW v Foreman. Particular types of personal misconduct outside of Outside of Practice – practice can directly influence a capacity to act and may require lawyer’s disciplinary proceedings. conduct in connection Unsatisfactory professional misconduct– s4.4.2LPA –Any with the practicing of law that falls short of the standard of competence and diligence that a member of public reasonably expects. Must be in connection with the of ‘practicing law’ Conduct which involves a substantial or Professional misconduct S4.4.3 – – consistent failure to reach or maintain a reasonable standard of competence and diligence. Conduct inside or outside the practicing of law which justifies S4.4.3(1)(b) – the finding that the lawyer is not a and proper ‘fit person’ & Unsatisfactory professional conduct Professional Misconduct s4.4.4 LPA – – s4.4.4(a) Contravention of LPA or Professional Rules – s4.4.4(b) Charing excessive legal costs – s4.4.4(c) – s4.4.4(c)(i) Serious offence s1.2.1 LPA Serious offence is an – – – indictable offence in Australia, indictable offence against any other jurisdiction, indictable offence against the law of foreign country which would be indictable in Australia. s4.4.4(c)(ii) Tax offence – Any conduct which is dishonest is s4.4.4(c)(iii) Dishonesty – – conduct which is an offence under this section. s4.4.4(d) Becoming insolvent under administration – s4.4.4(e) Disqualified from managing any corporation – s4.4.4(f) – Failing to comply with any Tribunal order s4.4.4(g) Failing to comply with Compensation order – Wilful or reckless failure to comply with a condition or s4.4.6 LPA – undertaking on
Misconduct General Scope – Lawyers who engage in misconduct are most are in breach of their duty as a legal practitioner and can face disciplinary procedures [see Disciplinary Procedures] Course of Practice – The proper administration of justice requires that the public, courts and tribunals are able to rely on what a lawyer says and does. Law Society of NSW v Foreman. Outside of Practice – Particular types of personal misconduct outside of practice can directly influence a lawyer’s capacity to act and may require disciplinary proceedings. Unsatisfactory professional misconduct– s4.4.2LPA –Any conduct in connection with the practicing of law that falls short of the standard of competence and diligence that a member of public reasonably expects. Must be in connection with the ‘practicing of law’ Professional misconduct – S4.4.3 – Conduct which involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence. S4.4.3(1)(b) – Conduct inside or outside the practicing of law which justifies the finding that the lawyer is not a ‘fit and proper person’ Unsatisfactory professional conduct & Professional Misconduct – s4.4.4 LPA – s4.4.4(a) – Contravention of LPA or Professional Rules s4.4.4(b) – Charing excessive legal costs s4.4.4(c) – s4.4.4(c)(i) – Serious offence – s1.2.1 LPA – Serious offence is an indictable offence in Australia, indictable offence against any other jurisdiction, indictable offence against the law of foreign country which would be indictable in Australia. s4.4.4(c)(ii) – Tax offence s4.4.4(c)(iii) – Dishonesty – Any conduct which is dishonest is conduct which is an offence under this section. s4.4.4(d) – Becoming insolvent under administration s4.4.4(e) – Disqualified from managing any corporation s4.4.4(f) – Failing to comply with any Tribunal order s4.4.4(g) – Failing to comply with Compensation order s4.4.6 LPA – Wilful or reckless failure to comply with a condition or undertaking on
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