The function of a court called upon to consider an application to remove the name of...
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"The function of a court called upon to consider an application to remove the name of a practitioner from a roll of practitioners is... to determine whether... the solicitor has failed, by action or inaction, to maintain in his conduct the standards required of him as a member of the profession. The court's duty is to ensure that those standards... are fully maintained in relation to the proper relationship of practitioner with practitioner, practitioner with the Court and practitioner with ... members of the public.... It is no part of that function to punish the solicitor whose conduct the court finds to be in breach of those professional standards" Harvey v The Law Society of New South Wales (1975)49 ALJR 362 at 364]] "Unless the Court insists on a high standard of conduct on the part of solicitors - unless the Court punishes severely every lapse from the proper standard - the public will never be properly guarded and the profession will never retain the respect which it ought to have in the community." [Ex parte Maccauley [(1930) 30 SR (NSW) 193 at 193-41] Having regard to the above statements, what do you consider to be the factors which a Court [or any other Tribunal or body dealing with a legal practitioner's conduct] should consider when making different types of orders with respect to disciplinary proceedings against a legal practitioner? Having regard to the provisions of Section 302 of the Uniform Law, do you consider that the legislature has imposed additional matters for those Courts/Tribunals to consider? If so, what are they? Support your answer by reference to appropriate cases and any legislative provisions. "The function of a court called upon to consider an application to remove the name of a practitioner from a roll of practitioners is... to determine whether... the solicitor has failed, by action or inaction, to maintain in his conduct the standards required of him as a member of the profession. The court's duty is to ensure that those standards... are fully maintained in relation to the proper relationship of practitioner with practitioner, practitioner with the Court and practitioner with ... members of the public.... It is no part of that function to punish the solicitor whose conduct the court finds to be in breach of those professional standards" Harvey v The Law Society of New South Wales (1975)49 ALJR 362 at 364]] "Unless the Court insists on a high standard of conduct on the part of solicitors - unless the Court punishes severely every lapse from the proper standard - the public will never be properly guarded and the profession will never retain the respect which it ought to have in the community." [Ex parte Maccauley [(1930) 30 SR (NSW) 193 at 193-41] Having regard to the above statements, what do you consider to be the factors which a Court [or any other Tribunal or body dealing with a legal practitioner's conduct] should consider when making different types of orders with respect to disciplinary proceedings against a legal practitioner? Having regard to the provisions of Section 302 of the Uniform Law, do you consider that the legislature has imposed additional matters for those Courts/Tribunals to consider? If so, what are they? Support your answer by reference to appropriate cases and any legislative provisions.
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Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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