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Lawyer Discipline

Lawyer Discipline

Lawyer Discipline

Author: Gino Dal Pont
Publisher: LexisNexis Australia
ISBN: 9780409349023
Published In: December 2019
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

RM653.94

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Description
Contents

Details

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.

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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