The New South Wales Bar Association
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Professional Conduct    
     
Latest disciplinary actions and decisions   Also on this page...
     

Prothonotary of the Supreme Court of New South Wales v Nicholas Luke McCaffery



Click here to view a full list of disciplinary and related decisions

 

Barristers Rules and other relevant Regulations

Ethics articles and papers

Relevant CPD seminars

Useful links

     
Professional conduct update
Abdul-Karim Coleman McCaffery Smith
Amor-Smith Cummins Meakes Somosi
Archer Davison Mitry Stevens
Baffsky Donnelly Murphy Thomas
Brezniak Evans Nguyen Wardell
Bryson Greenaway Osei Whitehead
Butland Hart Rowe Willis
Cameron Howen Russell Young
  Higgins Sahade  
  Kriss Santisi
    Small  

Recent developments
in relation to professional conduct matters, such as practising certificate cancellations.
     
Our role   Complaints against barristers
     

The Bar Association's Professional Conduct Department facilitates the investigation and reporting to Bar Council of conduct complaints either referred to the Bar Council by the Legal Services Commissioner or initiated by the council itself.

The department provides advice and policy support to Bar Council in respect of both the administration and carrying out of the Bar Council functions under Chapter 2 and Chapter 4 of the Legal Profession Act 2004, and the preparation of submissions to governments on the disciplinary regime of the profession. One of the key objectives of the department is to promote a better understanding of good client service and communication on the part of the Bar Association’s members.

The Professional Conduct Department also facilitates the provision of advice to members on ethical issues and responds, on a daily basis, to numerous inquiries from the public about the Bar and conduct of barristers. Bar Council has a statutory obligation to deal with, usually by investigating them, all complaints made against barristers. This statutory role is monitored by the Office of the Legal Services Commissioner, an independent statutory overseer of Bar Council's statutory duties, and then, ultimately by the Attorney General.

  All complaints regarding the conduct of a barrister must, in the first instance, be addressed in writing to:

Office of the Legal Services Commissioner (OLSC)
GPO Box 4460
SYDNEY
New South Wales 2001

DX359 Sydney
Fax: (02) 9377 1888


If you wish to discuss a matter involving a barrister, prior to lodging a formal complaint in writing with the OLSC, you can phone them on (02) 9377 1800 or Freecall 1800 242 958 (outside Sydney, Australia only). Alternatively, you may contact the Bar Association by e-mail or by phone on (02) 9232 4055 and ask for the Professional Conduct Department.

Visit the OLSC web site
     
Information for barristers 
     
Relevant CPD seminars    
     
     
Seminar papers and articles   Ethics exams and reading
     
'Urgent ethical advice for members', (published in Bar Brief, No. 129, February 2006, p.7   Ethics exam reading list
     
'Legal Profession Act 2004: Complaints procedures and show cause requirements', by Carol Webster (published in Bar News, Summer 2005-2006, p.65).   Sample ethics exam paper


''Professional conduct' matters: Dealing with complaints and notification requirements under the Legal Profession Act 1987', by Carol Webster (published in Bar News, Summer 2004-2005, p.55).


 

 

'Regulation of admission, fitness to remain on the roll of legal practitioners and retention of rights to practise: Obligations owed to professional colleagues', by Vahan Bedrossian, 5 Nov 2004.

  Useful links


'Regulation of the Profession', by Anne Sinclair & Steve Mark, 12 October 2004.

  ADT Legal Services Division

'Disciplinary proceedings affecting barristers',
by R.R. Stitt QC & G.C. Lindsay SC, June 1997 (Revised 28 January 1999).

  Decisions of the ADT

'Regulation of barristers' professional conduct' by Richard Cogswell, 30 September 1998.
   


'Lawyers' duties to the court', the Hon Justice Ipp (1998) 144 LQR 63.

   


'Legal professional ethics in times of change' by The Hon Justice Michael Kirby AC CMG, 23 July 1996.


   

'Ethics and the advocate' by the Hon Sir Gerard Brennan QC, 3 May 1992.
   


'Obligation to disclose fees under Part 11 of the Legal Profession Act', Ian Harrison SC, Bar Brief, December 2000, p.4
.

  Fee recovery


'Receipt of monies in advance of performing work', by David Bennett QC, Bar Brief, July 2000, p.6.

  'Changes in fee recovery assistance for members', Bar Brief, March 2002, p.13
'Fees in direct access matters', Bar Brief, July 2000, p.5.
   

'Solicitors duty to pay counsel's fees', Law Society Journal, March 1999.

   
Barristers' Rules, relevant Acts, Rules and Regulations
     
New South Wales Barristers' Rules (in PDF)   Legal Profession Act 2004
     
Special edition of Bar Brief - February 2000   Legal Profession Regulation 2005
     
Administrative Decisions Tribunal Act and Rules   Legal Profession Act 1987
     
    Legal Profession Regulation 2002

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Comments or suggestions regarding this web site contact the webmaster@nswbar.asn.auLast Modified: 08 December 2006