Staying Informed - Law Institute of Victoria

Ethics: Dealing with self-represented litigants

Carly Erwin 01 May 2021

A solicitor must be conscious of their competing ethical duties to the court and the administration of justice, their client and the self-represented litigant.

Ethics Practice & Procedure

VLSB+C: Take a step back

Fiona McLeay 01 May 2021

Lawyers must maintain professional boundaries.

Ethics Practice & Procedure Practice Management Professional Reputation

Ethics: Think before you tweet

Gino Dal Pont 01 Apr 2021

Lawyers who exercise their freedom of speech via tweeting secure no immunity from the professional consequences of offensive comments.

Ethics Practice & Procedure

Ethics: Terminating a retainer

Carly Erwin 01 Mar 2021

A solicitor has a common law and ethical duty to complete a client engagement, and may only terminate it in accordance with their legal and ethical obligations.

Ethics Practice & Procedure

Reputation: Matters of trust

Carolyn Ford 01 Feb 2021

In the wake of the Lawyer X scandal, Royal Commission recommendations around conduct of lawyers include strengthening access to ethical support.

Ethics Practice & Procedure

Ethics: Lawyers and ‘alternative facts’

Gino Dal Pont 01 Feb 2021

Attacking the reputation of another person without adequate foundation, including by alleging fraud or criminality, can expose a lawyer to disciplinary sanction.

Ethics Practice & Procedure

Ethics Committee rulings: Client documents

LIV Ethics Committee 01 Dec 2020

Ethical dilemmas are part of everyday practice for solicitors. The Ethics Committee is available to help.

Ethics Practice & Procedure

Ethics: considering secret lawyer recordings

Gino Dal Pont 01 Nov 2020

Is it ever legitimate for a lawyer to surreptitiously record a conversation to which he or she is a party?

Ethics Practice & Procedure

Ethics: Do what I say, or else …

Michael Dolan and Carly Erwin 01 Oct 2020

A solicitor should not use the threat of disciplinary action to pressure another solicitor to conform to a course of action.

Ethics Practice & Procedure

Ethics: Surreptitious recording – if legal, is it ethical?

Gino Dal Pont 01 Sep 2020

Changes in technology may alter expectations when it comes to recording conversations but it doesn’t mean surreptitious recording by lawyers is defensible.

Ethics Practice & Procedure

Ethics: When an attorney acts beyond their power

Carly Erwin 01 Aug 2020

A solicitor may face an ethical dilemma where they suspect an attorney is seeking to abuse their power to the detriment of the principal.

Ethics Practice & Procedure

Contract law and statute: Good faith negotiations

Bryan Horrigan and Nicholas Young 01 Jul 2020

Obligations to negotiate in good faith are increasingly common and the precise scope and content of such obligations is under the spotlight. The enforceability of these obligations will be heavily influenced by the contractual context.

Ethics

Legal capacity: Front of mind

Michael Lombard 01 Jul 2020

Practitioners should be aware of the legal capacity of their clients and understand that while they may have capacity for one proceeding, they may not for another.

Capacity Ethics