Committee reminds lawyers about the importance of capacity discussions and supervising non-lawyer employees in enduring power of attorney matters

A Standards Committee (Committee) determined that a lawyer, Ms F, engaged in unsatisfactory conduct after she failed to meet her professional obligations under the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) while creating an enduring power of attorney for a client. The Committee considered that a…

Lawyers must carry out conflict checks to avoid breach of rule 8.7.1

The Legal Complaints Review Officer (LCRO) determined that a lawyer (Ms W) breached rule 8.7.1 of the Lawyers and Conveyancers (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) after acting against her previous client. However, in the circumstances, the LCRO did not consider the breach required a disciplinary response.

Lawyer’s behaviour at professional function - intoxication and sexual harassment is unsatisfactory conduct

A Standards Committee (Committee) determined that a lawyer’s (Mr B’s) behaviour while at a professional function met the definition of sexual harassment and confirmed it was unsatisfactory conduct under s12(c) of the Lawyers and Conveyancers Act 2006 (the Act). The Committee considered a censure, fine of $5000 and costs to…

No place in the profession for sexualised and derogatory language about individuals in work group chats

A Standards Committee (Committee) determined that a lawyer, Mr B, engaged in unsatisfactory conduct after making an inappropriate comment to a former colleague, Ms A, in a group chat consisting of other lawyers. Through the process, the parties reached an agreed settlement through mediation recognising the harm suffered by Ms…

Lawyer fined $4,500 after failing to act promptly on will instructions

A Standards Committee (Committee) determined that a lawyer, Mr A, engaged in unsatisfactory conduct after he failed to promptly action amendments to his clients’ wills, lost notes containing his clients’ instructions and did not keep his clients adequately informed of progress. The Committee concluded that Mr A was in breach…

Maintaining professional boundaries remains important for lawyers, including in the context of social team functions

A Standards Committee (Committee) found a partner at a law firm to have engaged in unsatisfactory conduct pursuant to s 12(b) of the Lawyers and Conveyancers Act (Act) for slapping a junior male colleague on the bottom (Employee A) and touching the lower back of a junior female colleague (Employee…

Acting for more than one client in a matter which risks lawyers being unable to fulfil their obligations is a failure to act competently and with reasonable care

A Standards Committee (Committee) has determined a lawyer (A) and a legal executive (B) who acted in a property transaction between the parents and their adult son breached rules 3 and 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). 

Delay and inadequate advice amounts to unsatisfactory conduct

A Standards Committee (Committee) has determined that a lawyer (Mr D) engaged in unsatisfactory conduct after he delayed acting on a client’s instructions and provided inadequate advice.