Staying Informed - Law Institute of Victoria

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

Search warrants: Don’t panic

Michael Dolan 01 Jul 2020

A solicitor must remember their professional responsibilities and ethical duties to their client when served with a search and seizure warrant.

Confidential Information Ethics

Ethics Committee rulings: Ethical constraints

LIV Ethics Committee 01 Jul 2020

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

Ethics Guardianship Practice & Procedure

Victorian Legal Services Board: An ethical lawyer

Fiona McLeay 01 Jul 2020

Let’s have a conversation about what it means to be fit and proper to practise in 2020.

Ethics Practice & Procedure

Ethics: Charging professionalism

Gino Dal Pont 01 Jun 2020

Lawyers whose charging reflects over-servicing may not escape a disciplinary consequence.

Ethics Practice & Procedure

Ethics Committee rulings: Duty of confidence

LIV Ethics Committee 01 May 2020

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

Ethics Practice & Procedure

Ethics: Anticipating obligations

Gino Dal Pont 01 May 2020

Lawyers’ obligations may emerge independent of an existing retainer.

Ethics Practice & Procedure

Ethics Committee rulings: Confidentiality

LIV Ethics Committee 01 Apr 2020

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

Ethics Practice & Procedure

Ethics: Taking unfair advantage

Michael Dolan 01 Apr 2020

Where an obvious error is made in favour of your client, a practitioner may face an ethical dilemma. Do you tell the party making the error or stay silent?

Ethics Practice & Procedure

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