Lawyer Discipline is a practitioner’s guide to disciplinary hearings and to one’s rights and obligations towards cooperation with the relevant tribunal
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The swelling membership of the legal profession, coupled with progressively wider concepts of misconduct in both practice and non-practice spheres, and greater visibility of disciplinary determinations, have generated a burgeoning jurisprudence on the discipline of lawyers. This book probes this jurisprudence, commencing with a principles-based approach as a prelude to a dedicated treatment of disciplinary procedures. It then elaborates upon how specific forms of misconduct translate into the disciplinary sphere. Its subject matter accordingly targets the boundaries of ethical legal practice, which in turn makes it directly relevant to legal practitioners, regulatory and professional bodies, and disciplinary tribunals.
- helps the practitioner navigate the complaints system, the investigation and information gathering stages, the process of the proceedings and the determination of the various tribunals
- examines the different areas of misconduct both within practice — such as fiduciary duties, fee charging and neglect or delay of matters — and misconduct outside of practice
Esparraga, Ethical Legal Practice and Professional Conduct, 2019
Field, Duffy, and Huggins, Lawyering and Positive Professional Identities, 2nd ed, 2019
Ross, Ethics in Law: Lawyers’ Responsibility and Accountability, 6th ed, 2013
Table of contents
PART I – PRINCIPLES
1. Jurisdiction and Objects
2. Concept(s) of ‘Misconduct’
3 Disciplinary Orders
4 Factors that Impact on Disciplinary Order(s)
5 Application for Readmission
PART II – PROCEDURE
6 Historical Review of Disciplinary Processes
PART III – PRACTICE MISCONDUCT
10 False or Misleading Statements or Impressions
11 Fiduciary-Type Breaches
12 Misconduct Involving Fee Charging
13 Failure to Supervise, and Neglect and Delay
14 Other Forms of Misconduct
PART IV – PERSONAL MISCONDUCT
15 Conviction for Offence in Personal Capacity
16 Personal (Non-Criminal) Misconduct
17 Lack of Candour in Disclosure