Essential Professional Conduct: Legal Ethics (Essential by Geoff Monahan

By Geoff Monahan

Crucial specialist behavior: criminal Ethics presents a transparent and concise advisor to the most important components of Australian criminal ethics. The publication is written particularly for the undergraduate legislation and/or useful criminal education scholar. every one bankruptcy opens with a list of the components lined in that a part of the publication, and the subsequent textual content offers an simply assimilable dialogue of the $64000 rules of the subject in query. via fending off the complexities of many textbooks, crucial expert behavior: criminal Ethics goals to supply scholars with a transparent figuring out of the criminal perform and ethics, a good way to then construct on their wisdom, and returning to this booklet for revision reasons.

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Extra info for Essential Professional Conduct: Legal Ethics (Essential Professional Conduct)

Sample text

This situation (and standing of lawyers) in England and Australia should be compared with the US, where there is no cab rank rule. Efficient administration of justice The (Vic) Professional Conduct and Practice Rules 2000 have codified the legal practitioner’s responsibility in ‘serving the end of justice and complying with the law’. Rule 1A(3) states: ... a regulated practitioner must not, in the course of engaging in legal practice, engage in, or assist, conduct which is: (i) dishonest or otherwise discreditable to the practitioner; (ii) prejudicial to the administration of justice; or (iii)likely to diminish public confidence in the legal profession or in the administration of justice or otherwise bring the legal profession into disrepute.

After the close of the client’s case and the commencement of the case for the defendant, the lawyer visited one of the witnesses for the defendant at her home. It was subsequently determined that the lawyer had attempted to persuade an adverse witness to change her story. Consequently, he was struck off for misconduct. The High Court, in dismissing the lawyer’s appeal, came to the conclusion that the lawyer, in interviewing the witness, was only concerned with the possibility of committing her to a version of the facts that favoured his client’s case.

00 and (ACT) Professional Conduct Rules r 7 all refer to the retention by a lawyer exercising a lien for unpaid fees and charges due by the client to the lawyer. Such a lien is a ‘general or retaining lien’. The lien is a general one because it extends to all the legal fees and charges owed by the client to the lawyer. It is not restricted to the amount owing in respect of the chattels of which 45 ESSENTIAL PROFESSIONAL CONDUCT: LEGAL ETHICS the client is claiming possession. The lien is a retaining or ‘possessory’ one, in that it relates to the lawyer having actual physical possession of the personal property of the client, such as a file of documents.

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