Lawyer discipline / by G. E. Dal Pont.

Chatswood, N.S.W. : LexisNexis Butterworths, 2020.

1st edition

89584

Legal ethics -- Australia.

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.

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. Publisher's website.

Includes bibliographical references and index.

9780409349023

l, 449 p. ; 24 cm