LPUL
What section declares the paramount duty of a solicitor to the court and the administration of justice?
Section 3
What are the three things that the "Breaky" principle emphasises in a solicitor's conduct?
Integrity, honesty, and fairness.
What was the conduct that Zou was charged for?
Falsely witnessing her client’s signature on an affidavit.
You are a solicitor and must witness an affidavit that is signed by your client. Your client has previously signed two versions of the affidavit in person with you, however you have created a final version that they must sign. Your client is currently overseas so you send the affidavit to them via email to which they send back a signed copy. You compare the signed e-affidavit to the previous signatures that you witnessed and are of genuine belief that the signatures are the same. You file the affidavit.
Does the solicitor's conduct amount to unsatisfactory professional misconduct?
Yes - factually similar to Zou
What is the course code for LEJ?
LAWS1230
What rule prohibits a solicitor from disclosing any confidential information acquired during a client's engagement, except in specific permitted circumstances?
What is Section 9?
Name the four components of the "Rest" model of ethical decision-making
Moral sensitivity, moral judgment, moral motivation, and moral character
Which solicitor rules did Zou breach? (list at least 3)
SR 5.1.1 - did not demonstrate that they were fit and proper
SR 5.1.2 - conduct was likely to diminish the confidence in the administration of justice or bring profession into dispute
SR 19.1 - solicitor’s duty to the court to not decieve or knowingly/recklessly mislead the court
SR 19.2 - a solicitor must take all necessary steps to correct any misleading statement made to the court
SR 4.12 - a solicitor must be honest in all dealings in the course of legal practice
SR 4.1.4 avoid any compromise to integrity and professional independence
You are a solicitor who has been battling with a serious cocaine addiction for over 5 years. You find your work very stressful and regularly indulge in cocaine with your friends in order to stress relieve. One day, you are caught trying to help your friend import a trafficable amount of cocaine back into Australia. During the proceedings, you plead guilty and are sentenced to 2 years imprisonment. Once released from custody, you enrol yourself in various drug rehabilitation schemes in order to try and overcome your addiction. It has been 6 years since you were charged with your drug offences and you have not relapsed in your drug addition in 5 years. Your practicing certificate has expired and you wish to be readmitted.
Can you be readmitted as a solicitor?
Yes - similar to the case of the Supreme Court of NSW v P
What was the group name of the first group that presented in this class?
Ethical Echidnas
What section outlines the solicitor's duty to avoid conflicts between the duties owed to current and former clients?
What is Section 10?
In the "Rest" model, what is the term for recognizing the presence of an ethical issue?
Moral sensitivity.
Did the court find that Zou’s conduct amounted to professional misconduct?
No, it amounted to unsatisfactory professional conduct as per s 296 of the Uniform Law
You are a solicitor and your client instructs you to prepare a sales contract. You consider that this will will take you about 7 hours at your usual fee of $400 per hour. You tell your client that you would be prepared to take on the matter a a fixed fee of $2800. The client agrees to this. You later find out that one of your colleagues at the same firm has prepared a very similar sales contract and lets you use it as a template. The sales contract then only takes you 3 hours to prepare.
Should you return some of the money back to the client?
No, you have not disclosed to your client about your hourly rate and have only told them about the fixed fee.
Adversarial Advocate
What rule requires solicitors to ensure they avoid acting as mere mouthpieces for clients and maintain forensic independence?
Section 17
According to "Giving Voice to Values (GVV)," what is the primary focus for effectively addressing ethical challenges?
Empowering individuals to voice and act on their values.
What were the 3 mitigating factors that the tribunal considered in Zou’s case?
Pressure from her client,
The inaccessibility of guidance from senior lawyers, and
The fact that the matter clearly fell outside her area of expertise
You are a solicitor and are approached by a new client, Paris, who wishes to file a lawsuit against a company for breach of contract. You realise that your firm is already representing the company in an unrelated matter. You consider taking on Paris’ case as it is potentially lucrative and you believe that the matters are sufficiently distinct to avoid conflict of interest.
Should you take on Paris’ case?
No, rule 10.1 of solicitors rules state that a solicitor should avoid conflicts between the duties owed to two or more current clients. However, you may be able to take on the case if there is informed consent from both parties and if a information barrier is properly established.
Which student in this class wrote a forum post about Jayoma law?
Diane Lee.
What section mandates that solicitors must not charge clients for document storage unless the client has consented?
Section 16
In "GVV," what technique is suggested to prepare for common ethical dilemmas?
Rehearsing responses and building moral muscle memory
What time of the year did Zou commit the conduct?
Over the Christmas holidays
You are looking to be admitted as a solicitor and have been asked to disclose any matters related to your character and fitness including any criminal convictions, bankruptcies or disciplinary actions taken against you. You remember during your ethics course, your friend had asked to see your ethics individual assignment and you emailed it to them. However, your friend ended up copying your whole assignment and you are caught for collusion and fail the course. You do not believe that this was a reflection of being unfit for being admitted as you did were not being dishonest and were genuinely trying to help out a friend. However, you’re scared that this incident will affect your admission so you choose not to disclose it. Later your friend that you colluded with gets admitted and they disclose that they colluded with you. the tribunal brings action against you and you deny that you colluded. In later proceedings, you change the story and say that your friend was lying.
Will the court permit you to be admitted?
No, the situation is factually similar to Re OG. The court places a high emphasis on taking accountability.
According to Steven Mark, what is a contract?
An agreement of two parties to achieve a common purpose.