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Lawyer Discipline

Lawyer Discipline

By Gino Dal Pont

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.

Ethics Practice & Procedure Practice Management 

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$151.19*

Non-Member

$167.99

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  • Full description

    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.

    Features:

    • helps the practitioner navigate the complaints system, the investigation and information gathering stages, the process of the proceedings and the determination of the various tribunals
    • examines the different areas of misconduct both within practice — such as fiduciary duties, fee charging and neglect or delay of matters — and misconduct outside of practice
  • About the author

    Gino Dal Pont is a Professor of the Faculty of Law at the University of Tasmania. He is a graduate of the University of Michigan (LLM) and the University of Tasmania (LLD), is admitted to practice in New South Wales, and is also a certified accountant. Professor Dal Pont has written widely in the areas of the legal profession and equity and trusts, is the General Editor of Halsbury’s Laws of Australia and author of the New South Wales Solicitors Manual, as well as being a Fellow of the both Australian Academy of Law and the College of Law.

  • Product details

    ISBN: 9780409349023

    Published: 2019

    Format: Softcover

  • Table of contents

    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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