Lawyer's Ethic S1-B3 Flashcards
May 2024
implores
beg
writ
a doc written to commence civil proceeding
r4.09 of County Court
overarching obligations certification shall be in Form 4A
r4.10 of County Court
the proper basis certification shall be in Form 4B
extraneous
irrelevant
inter alia
among other things
albeit
though
transpires
come to be known
siphoning
draining
implicated
involved, exposed
exposé
a news report that reveals something illegal or dishonest to the public
mandate
authority or approval
philanthropist
humanitarian, benefactor
interior
inside
interior minister
or home affair minister is responsible for internal affairs
exert
bring to bear
behest
instruction
bulk
large part
prudent
wise
commissions
formally tasks someone with
onerous
burdensome
who hosts LPUL?
Vic
Who hots the rule made under LPUL?
NSW
how did Vic host LPUL?
by enacting LPULAA and making LPUL a schedule to the Application Act 2014
do Victorian Practitioners have to compy with NSW rules?
yes
name all the NSW rules made under LPUL
LPUGR - Legal Profession Uniform General Rules 2015 (NSW)
SR - Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW)
BR - Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW)
who looks after a practitioner’s affair and compliance with law?
- Victorian Legal Admissions Board
- Victorian Legal Services Commissioner
- Victorian Legal Services Board
- Victorian Civil and
Administrative Tribunal - Legal Services Council whose functions include the
establishment of an Admissions Committee to make rules on admission to practice.
A solicitor’s duty to the court and the administration of justice is paramount ?
r3 - SR2015
A solicitor must not engage in dishonourable or disreputable conduct ?
r5 - SR2015
r4 of SR?
4.1 Solicitor’s Fundamental Duties:
4.1.1 act in the best interests of a client,
4.1.2 be honest and courteous in all dealings in the course of legal practice,
4.1.3 deliver legal services competently, diligently and as promptly as reasonably possible,
4.1.4 avoid any compromise to their integrity and professional independence,
4.1.5 comply with these Rules and the law.
Victorian Legal Admissions Board (VLAB)’s role?
to assess application to admission to practice in Vic and to delegate task to Victorian Legal Admissions Committee (VLAC).
the role of VLAC?
grants “certificates” to applicants whom it considers suitable for admission to practice, based on Admission Rule
which rule is equivalent to r3,4 for barristers?
r4, 8 BR
r8 of BR?
barristers must not engage in dishonest or disreputable conduct.
The Victorian Legal Admissions Board (VLAB)’s responsibility?
VLAB is responsible for assessing applications for admission to practice in Victoria
who grants the certificate of admission to practice?
Victorian Legal Admissions Committee (VLAC)
the core function Victorian Legal Services Commissioner (VLSC) ?
to handle complains about lawyers whether consumer related or disciplinary
can VCAT hear disputes already resolved by VLSC?
Yes and can direct the issue to Supreme Court
from whom can a solicitor gain advice related to ethical matters?
Law Institute of Victoria (LIV)
main function of VLAB
Prescribes requirements for law courses and practical
legal training; accredits law courses and law schools;
regulates admission to practice
main function of VLSB?
Regulates trust accounts and trust money; grants,
renews, suspends and cancels practising certificates
main function of VLSC?
Handles complaints (claims and conduct), enforces
discipline
main function of VLST?
Reviews VLSB and VLSC decisions, hears disputes,
makes disciplinary orders, recommends removal from
the roll
main function of SCV?
Admission, discipline, removal from the roll (striking off)
explain the practitioner’s liability to the Client in Tort
a solicitor has no duty to accept a case, but once work is accepted a duty of care arises not to cause loss or damage to the client - May v Mijatovic [2002] WASC 151
