Legal Ethics (17) Exam Notes (Distinction Mark)

Description

THE SOLICITOR-CLIENT RELATIONSHIP 1. Retainers and Instructions 2. Liens Solicitor Termination of Retainer 3. Solicitors Trust Account PROFESSIONAL MISCONDUCT & UNSATISFACTORY PROFESSIONAL MISCONDUCT 1. Unsatisfactory Professional Conduct 2. Professional Misconduct 3. Ignorance Alone can be Sufficient 4. Wilfulness 5. Pre- and Post-Admission Conduct 6. Show Cause Events PROFESSIONAL DISCIPLINE 1. Investigation of Complaints 2. Amendment of Complains 3. Withdrawal of Complaints 4. Disposition of Complaint 5. Preliminary View 6. Finding of Unsatisfactory Professional Conduct 7. Opinion of Professional Misconduct 8. Dealing with the Allegations 9. Standard and Onus of Proof 10. The Ultimate Question 11. Right to Appeal NATURE OF DISCIPLINARY PROCEEDINGS AND ORDERS ACTING FOR THE CLIENT 1. Without Prejudice Communications Admissions outside settlement negotiations Question of Costs (Without Prejudice Letters) 2. Calderbank letters 3. Legal Professional Privilege Extension of the Privilege – Search and Seizure Copy and Form of Documents Burden of Proof Illegality Displacing Illegality Time and Opportunity Compulsion of Law Government and Corporate Lawyers Joint Privilege Operation of the Legislature The Tide Turns The Legislature Intervenes Confidentiality Professional Negligence THE LEGAL PRACTICE 1. Types of Legal Practice Period of Supervision Authorised Supervisors Sole Practice Partnerships (Law Firms) Incorporated Legal Practices (ILP) Unincorporated Legal Practices (ULP) 2. Responsibilities of Partners 3. Undertakings 4. Dealing with Fellow Practitioners 5. Dealing with Unqualified Persons 6. Dealing with Unqualified Persons INTRODUCTION TO THE REGULATION OF SOLICITORS AND BARRISTERS 1. Regulation of the Legal Profession 2. Regulation of Barristers ADMISSION AND EXPULSION FROM THE LEGAL PROFESSION 1. Pre-admission nondisclosure - prior misconduct 2. Truthfulness 3. Interference with administration of justice Bribery Suborning Witness Conduct in Court 4. Conduct outside Practice A BARRISTER'S DUTY TO THE COURT 1. Honesty and Candour 2. Courtesy 3. Not to Frustrate Court Process A BARRISTER'S DUTY TO THE CLIENT 1. Barrister's Duty to the Client 2. Acceptance and Retention of Briefs: The Cabrank Rule 3. Act in the Client's Best Interests 4. Act within Authority 5. Act Independently 6. Immunity as an Advocate 7. Confidentiality BARRISTER’S DUTY TO OTHERS 1. Barrister's Duty to the Public, Other Parties and Colleagues 2. As a Prosecutor 3. Legal Aid Commission