Professional Documents
Culture Documents
Overall Duties
Canon V
Duty to Client
Confidentiality, conflict of interest,
due care and skill, reasonable fees,
avoid fraud and misappropriating
of client funds
Introduction
Definition
conduct which involves
failure on the part of the
Attorney to fulfill his duty,
in promoting in his own sphere
or interest the cause of duty
Nature of Misconduct
Attorney may be
punished
for Misconduct alleged
as a lawyer
(in the course of his
profession)
Myers v Elman
[1940]
Re Weare
[where solicitor name
struck off the rolls where he had
been allowing his house for which
he was the landlord to be used
as a brother]
Standard of Proof
Professional Misconduct
Conviction of a criminal
offence prima
facie makes solicitor
unfit to continue on the
roll but court has
discretion and will
inquire into nature
of crime first
Not all conviction
amounts to conduct
unbefitting a solicitor
e.g minor crimnal
offence
allegation involving
deceit or moral turpitude
require a high standard
of proof
Bhandari v
Advocates
Commitee
Re A Solicitor
[1960]
Re A Solicitor
(1992)
- [held that standard
of proof was beyond
a reasonable doubt
as matter was tantamount
to a criminal offence]
Hamlet v Campbell
[Criminal standard was to
be applied to all disciplinary
proceedings concerning the
legal profession]
Professional Discipline
(The GLC)
The GLC Powers
Standard of Proof
What makes misconduct
Hearing
Hearing
Disciplinary Commitee
has the power to regulate
its own proceedings
Legal Profession Act
Re Niles
[No medical certificate
produced to support the
application but appeal
denied since fair
opportunity to be heard was
provided to the attorney]
Client funds
GLC may make
regulations that
require attorneys to
keep separate accounts
of clients' monies and
to keep accounts containing
particulars
Legal Profession Act
Part 7
GLC v Haughton-Cardenas
[held GLC has power
to make these regulations
so that breach would
constitute professional
misconduct-where attorney failed to
deliver accountant report
for 4 years - secretary of GLC
took action and attorney
challenged validity of regulations]