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Communication - An ethical imperative for lawyers
Communication - An ethical imperative for lawyers

 LIV Ethics 03 Jan 2018

Effective communication as an ethical imperative for lawyers cannot be overstated. A solicitor’s failure to communicate effectively with clients in a timely manner may well lead to client complaints to the regulator and possible disciplinary sanction for the solicitor...

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Ethics 

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Witnesses - Integrity of Evidence
Witnesses - Integrity of Evidence

 LIV Ethics 01 Jan 2018

Ensuring the integrity of evidence in legal proceedings is a key part of a solicitor’s paramount duty to the court and to the administration of justice. A solicitor’s failure to comply with this fundamental ethical obligation may have extremely serious consequences...
 

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Ethics 

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Solicitor as material witness - duty to the court
Solicitor as material witness - duty to the court

 LIV Ethics 31 Dec 2017

It is by no means uncommon for a solicitor acting in a matter to be called as a material witness in a court or tribunal proceeding... 

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Ethics 

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Implied undertaking to the court - watch out!
Implied undertaking to the court - watch out!

 LIV Ethics 31 Dec 2017

Confidential documents or other material obtained by a litigant under compulsion by the court process are protected by an implied undertaking to the court of confidentiality and restricted use until such time as they have been admitted into evidence.

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Ethics 

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Prospects of success
Prospects of success

 Gino Dal Pont 01 Nov 2017

It is logical to assume that a matter will go to trial where each of the contesting parties believes that he or she has good (or at least reasonable) prospects of succeeding. The logic is fortified by the application of the costs indemnity rule...

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Ethics 

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Charging For Access To Justice
Charging For Access To Justice

 Gino Dal Pont 01 Sep 2017

Access to justice has increasingly become a catch-cry that the legal profession has been invited to address. Professional discipline for overcharging nonetheless remains as a critical vehicle to police illegitimate impediments in this regard...

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Video Conferencing Risks
Video Conferencing Risks

 Legal Practitioners' Liability Committee 01 Sep 2017

Video conferencing is a prime example of changing technology affecting the way lawyers do business, but there are risk management issues to consider when using video conferencing...

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Executor Conflict
Executor Conflict

 LIV Ethics 01 Aug 2017

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

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Ethics 

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Capacity makes one free
Capacity makes one free

 Gino Dal Pont 01 Jul 2017

There may be pressure on lawyers to take short cuts when it comes to an assurance of capacity. Only months ago the Queensland Civil and Administrative Tribunal...

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Information barrier
Information barrier

 LIV Ethics Committee 01 Jul 2017

When a firm acts for more than one company in a commercial transaction, clients must provide written informed consent and a firm may need to establish an effective information...

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Ethics 

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Rogers Legal Writing Award winner
Rogers Legal Writing Award winner

 Law Institute Journal 01 Jun 2017

Lawyer Fabian Horton is the winner of the 2017 Rogers Legal Writing Award with his feature “Law, technology and new ethics,” which was published in the June 2016...

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Current and former clients
Current and former clients

 Ethics Committee and Ethics Liaison Group 01 Jun 2017

Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 – Rule 10. Conflicts concerning former clients "A solicitor and law practice must avoid conflicts between the...

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Ethics 

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Regulating lawyers
Regulating lawyers

 Vivien Holmes, Tony Foley, Stephen Tang and Margie Rowe 01 May 2017

Protection of the public from misconduct by lawyers and maintenance of proper standards in the legal profession are the overriding goals of lawyer regulation and enliven the broader...

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Ethics 

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Conflict of interest
Conflict of interest

 LIV Ethics Committee 01 May 2017

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

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Ethics 

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Famous for the wrong reasons
Famous for the wrong reasons

 Gino Dal Pont 01 May 2017

There may be instances where a person’s fame can preclude membership of the legal profession. A person’s character, it has been said, “is the sum of his or her mental or moral qualities”...

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Ethics 

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