ETHICS CASES

Question 1

Moffitt P, Reynolds JA and Helsham CJ BACON facts

Answer 1

• seeing if she was a fit and proper person
• She was a well-known political activist
• Were Bacon’s actions and attitudes incompatible with admission?
• Actions – no, Dishonesty and attitudes – yes - The Court found that her claim that her previous attitudes had changed was in essence only partly true, and that she remained prepared to break the law if she thought the cause was worthy enough

Question 2

Moffitt P, Reynolds JA and Helsham CJ BACON rules applicable

Answer 2

rule 5- fit and proper person
ADMISSION TO PROFESSION

Question 3

Law society vs Foreman facts

Answer 3

• overworked
• firm and budget pressure
• added more hours to her billing

Question 4

Law society vs Foreman rules

Answer 4

5- fit and proper person
REGULATION AND DICIPLINE

Question 5

Roberts and cashman facts

Answer 5

Solicitor made aware of client’s potential cause of action had a duty to use that info to bring the prospect of that action to the client’s attention

Summary: Grace Roberts saw a tv program in which she got the promoted chair, which collapsed while sitting on it and severely injured herself. Years of unsuccessful treatment she had an epidural injection. Her condition worsened after the second treatment. She heard about the firm launching a class action about the drug and contacted the firm. Lawyers read it but never made any more inquiries to her. Any course of action she might have had become statute barred.

The essence of the plaintiff’s claim is that the defendant breached a duty of care owed to her and was negligent arising out of the relationship of solicitor and client. She seeks damages

Question 6

roberts and cashman rules applicable

Answer 6

DUTY TO COMPETENCE