Lawyer Discipline

Name: Lawyer Discipline
Brand: LexisNexis Australia
SKU: 9780409349023
Price: 1211.00 HKD
Availability: InStock
Author: Gino Dal Pont
ISBN: 9780409349023

By Gino Dal Pont

LexisNexis Australia December 2019

Specifications

ISBN-13: 9780409349023
Publisher: LexisNexis Australia
Publication: December 2019
Format: Paperback
Jurisdiction: Australia ? Countri(es) for reference only

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