Ethics
Showing 10 of 20 results for Ethics
16 Mar 2022
How to lawfully hold and dispose of Wills and Safe Custody Documents
The Legal Profession Act & Ethics Committee clarifies how safe custody documents should be held and disposed of.
20 Dec 2021
Ethics and standards in practice: Fundamental duties
In our regular in-depth ethics case study, Professional Standards Manager Rob Reis discusses a recent case. Under Rule 4 of the ACT Solicitors Conduct Rules, a solicitor must be honest in all dealings in the course of legal practice, and deliver legal services competently, diligently, and as promptly as reasonably possible. In this case study, disciplinary proceedings led to a solicitor being removed from the roll when a judge determined that the solicitor’s remorse and insight were not accompanied by evidence of genuine recognition of wrongdoing. From the Summer 2021 edition of Ethos.
20 Oct 2021
Ethics and standards in practice: Communication with another solicitor’s client
In our regular in-depth ethics case study, Professional Standards Manager Rob Reis discusses a recent case. A solicitor must not deal directly with the client or clients of another solicitor except in the circumstances prescribed in Rule 33 of the Legal Profession (Solicitors) Conduct Rules 2015 (ACT). This rule is known across the legal profession as the ‘no-contact’ rule. The following case studies are intended as guidance for members who might be faced with similar circumstances. From the Spring 2021 edition of Ethos.
5 Jul 2021
Ethics and standards in practice: On whose authority can a law practice disburse trust money?
In our regular in-depth ethics case study, Professional Standards Manager Rob Reis discusses a recent case. When acting for a client who is purchasing property or a business in circumstances where there is no listing or selling agent, and the seller is self-represented, ensure that if there is a deposit paid into the trust account of the buyer’s solicitor (i.e. your law practice trust account), that there are dedicated special conditions dealing with the disbursement of those funds on settlement of the contract. From the Winter 2021 edition of Ethos.
5 Jul 2021
On whose authority can a law practice disburse trust money?
A case study from the 'Ethics and standards in practice' series.
30 Mar 2021
Ethics and standards in practice: Secure express instructions when dealing with trust money
In our first in-depth ethics case study, Professional Standards Manager Rob Reis discusses a recent case. When acting for more than one client in relation to a common fund held in trust on behalf of those joint clients, a law practice must obtain express instructions (and more prudently in writing) from all clients in the matter before dealing with the funds held in trust. This is particularly relevant when a government agency issues a demand notice on a portion or all those funds held in trust. From the Autumn 2021 edition of Ethos.
29 Mar 2021
Secure express instructions when dealing with trust money
A case study from the 'Ethics and standards in practice' series.
14 Dec 2020
Answering ethics questions: A trust account dilemma or; “Let’s hold back some money in Trust…”
Ross Watch from the Law Society’s Legal Profession Act & Ethics Committee provides some advice on the traps inherent in retaining money in trust accounts without express authority from your client. From the Summer 2020 edition of Ethos.
14 Dec 2020
Let's hold back some money in Trust
A case study from the 'Ethics and standards in practice' series.
23 Jun 2020
Statement on sexual harassment in the legal profession
The ACT Law Society is both alarmed and deeply disappointed at the reported findings of sexual harassment by a former member of the highest and most respected legal institution in the land.
