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Lawyer Discipline


ISBN13: 9780409349023
Published: December 2019
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Softcover
Price: £145.00



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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.

Subjects:
Other Jurisdictions , Australia
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