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Professional
Conduct |
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| Latest disciplinary actions and decisions |
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Also
on this page... |
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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
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Barristers Rules and other relevant Regulations
Ethics
articles and papers
Relevant CPD seminars
Useful links |
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| Professional
conduct update |
Recent developments in relation to professional conduct matters,
such as practising certificate cancellations. |
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| Our
role |
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Complaints
against barristers |
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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.
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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
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| Information
for barristers |
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| Relevant
CPD seminars |
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| Seminar
papers and articles |
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Ethics
exams and reading |
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| 'Urgent ethical advice for members', (published in Bar Brief, No. 129, February 2006, p.7 |
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Ethics exam reading list |
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| 'Legal Profession Act 2004: Complaints procedures and show cause requirements', by Carol Webster (published in Bar News, Summer 2005-2006, p.65). |
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Sample ethics exam paper |
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''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).
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| '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.
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Useful links |
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'Regulation of the Profession',
by Anne Sinclair & Steve Mark, 12 October 2004.
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ADT Legal Services Division |
'Disciplinary proceedings affecting barristers', by R.R.
Stitt QC & G.C. Lindsay SC, June 1997 (Revised 28 January 1999).
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Decisions of the ADT |
'Regulation of barristers'
professional conduct' by Richard Cogswell, 30 September 1998.
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'Lawyers' duties to the court', the Hon Justice Ipp (1998) 144 LQR
63.
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'Legal professional ethics in times of change'
by The Hon Justice Michael Kirby AC CMG, 23 July 1996.
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'Ethics and the advocate' by the Hon Sir
Gerard Brennan QC, 3 May 1992. |
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'Obligation to disclose fees under Part 11
of the Legal Profession Act', Ian Harrison SC, Bar Brief,
December 2000, p.4.
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Fee
recovery |
'Receipt of monies in advance of performing
work', by David Bennett QC, Bar Brief, July 2000, p.6.
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'Changes
in fee recovery assistance for members', Bar
Brief,
March 2002, p.13 |
'Fees
in direct access matters', Bar Brief, July 2000, p.5.
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'Solicitors duty to pay counsel's fees', Law Society Journal,
March 1999. |
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| Barristers' Rules, relevant
Acts, Rules and Regulations |
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| New
South Wales Barristers' Rules (in PDF) |
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Legal Profession Act 2004 |
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| Special
edition of Bar Brief - February 2000 |
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Legal Profession Regulation 2005 |
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| Administrative
Decisions Tribunal Act and Rules |
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Legal Profession Act 1987 |
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Legal Profession Regulation 2002 |