Ethics News
22 February 2012 - Ethical training for early career lawyers
Early career lawyers often face ethical dilemmas and are not aware of their ethical responsibilities or know how to handle them.
Practical Legal Ethics is a competency-based training module that provides hands-on practice at identifying and resolving various actual and potential ethical dilemmas, as well as the opportunity to explore and discuss ethical duties to clients, colleagues and the courts.
14 December 2011 - The tight rope walk when acting for more than one party
In his article 'When duties collide' Senior Ethics Solicitor Stafford Shepherd looks at the collision of duties owed by solicitors when acting for two or more persons in the same transaction.
It also looks at the monetary consequences for a breach of the fiduciary duties with reference to the recent Tasmanian decision in Eiszele v Hurburgh.
Download the full article (PDF 134 KB).
12 December 2011 - The dangers of deleting social media accounts
Senior Ethics Solicitor Stafford Shepherd warns of the dangers of suggesting to a client to “clean up” their Facebook page when the contents may be required in litigation or contemplated litigation. Read the full article - Duty to counsel against destruction of documents (PDF 121 KB).
07 December 2011 - Ethical obligations as to the testamentary capacity of a testator
In this note Senior Ethics Solicitor Stafford Shepherd discusses the ethical obligations where an executor or administrator needs to swear as to due enquiry as to the testamentary capacity of a testator. Download the article 'Ethical obligations and due enquiry as to a testator’s testamentary capacity' (PDF 111 KB).
06 December 2011 - Dilemmas concerning the duty of confidentiality
Two of the most frequently asked questions the Ethics Centre receives concern the extent of the duty of confidentiality owed to clients, and if there are any exceptions to the duty.
In his article 'Keep those confidences' (PDF 112 KB) Senior Ethics Solicitor Stafford Shepherd discusses these issues.
05 December 2011 - “Hands off” solicitor ordered to pay $1.5m
A recent Queensland Supreme Court decision highlights the danger of not appreciating the full scope of your retainer, and of receiving instructions through a third party without a face to face interview with the client.
22 November 2011 - Seek assessment of a barrister’s fee
In a recent blog by Stephen Warne on the 18 October 2011 he has highlighted two unreported decisions from the Victorian Supreme Court that we need to give careful consideration to.
10 November 2011 - Chief Justice address to the Joint Law Societies Ethics Forum
Address of The Hon Chief Justice Paul de Jersey AC on Monday 7 November 2011 at the opening of the Joint Law Societies Ethics Forum hosted by the QLS.
In his address the Chief Justice made observations as to the conduct of lawyers for litigants and the situations where a lawyer may be tempted to stray beyond ethical bounds.
Highlights from his Honour’s speech:
21 October 2011 - DVD release – Ethical Decision Making: A Legal Practitioners Guide
Legal ethics are principles and values which, along with common law and conduct rules, regulate a lawyer’s behaviour.
Based on a host of issues from every day legal practice, this DVD equips lawyers and their legal support staff with the information and practical tools to guide ethical conduct. Discover what ethics is, where it comes from, why it is important and how to approach common ethical problems.
20 October 2011 - A courteous reminder
In his article Courtesy - Let's avoid informality Stafford Shepherd, Queensland Law Society's Senior Ethics Solicitor, discusses the need to take reasonable care in written communications to maintain the integrity and reputation of the legal profession. Read the full article (PDF 142 KB).
