Lawyer Discipline

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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ISBN/ISSN: 9780409349023

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Product description

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.

Features

  • 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

Related Titles

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

Featured authors

Gino Dal Pont

Gino Dal Pont

Gino Dal Pont is a Professor of the Faculty of Law at the University of Tasmania. He is a graduate of the University of Michigan (LLM) and the University of Tasmania (LLD), is admitted to practice in New South Wales, and is also a certified accountant. Professor Dal Pont has written widely in the areas of the legal profession and equity and trusts, is the General Editor of Halsbury’s Laws of Australia and author of the New South Wales Solicitors Manual, as well as being a Fellow of the both Australian Academy of Law and the College of Law.

View all books by Gino Dal Pont (10)

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

 
7 Complaints

 
8 Investigation

 
9 Determination

 
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

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