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    Professional Responsibility - Contents

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    api-3803117
    1. The document outlines the contents of a professional responsibility course, including sections on court conduct, legal profession rules regarding client accounts, professional conduct rules, the relationship with clients, conflicts of interest, relationships with other lawyers and third parties, disciplinary proceedings, and solicitors' liability. 2. Key topics covered include legislation and case law governing conduct in court, rules for handling client money and accounting, the general principles of professional conduct, managing conflicts of interest, and the process and potential sanctions for disciplinary proceedings against solicitors. 3. The document provides a high-level overview of the various subject areas that will be covered in greater depth throughout the professional responsibility course.

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    Professional Responsibility - Contents

    Uploaded by

    api-3803117
    297 views5 pages
    1. The document outlines the contents of a professional responsibility course, including sections on court conduct, legal profession rules regarding client accounts, professional conduct rules, the relationship with clients, conflicts of interest, relationships with other lawyers and third parties, disciplinary proceedings, and solicitors' liability. 2. Key topics covered include legislation and case law governing conduct in court, rules for handling client money and accounting, the general principles of professional conduct, managing conflicts of interest, and the process and potential sanctions for disciplinary proceedings against solicitors. 3. The document provides a high-level overview of the various subject areas that will be covered in greater depth throughout the professional responsibility course.

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    1. The document outlines the contents of a professional responsibility course, including sections on court conduct, legal profession rules regarding client accounts, professional conduct rules, the relationship with clients, conflicts of interest, relationships with other lawyers and third parties, disciplinary proceedings, and solicitors' liability. 2. Key topics covered include legislation and case law governing conduct in court, rules for handling client money and accounting, the general principles of professional conduct, managing conflicts of interest, and the process and potential sanctions for disciplinary proceedings against solicitors. 3. The document provides a high-level overview of the various subject areas that will be covered in greater depth throughout the professional responsibility course.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    297 views5 pages

    Professional Responsibility - Contents

    Uploaded by

    api-3803117
    1. The document outlines the contents of a professional responsibility course, including sections on court conduct, legal profession rules regarding client accounts, professional conduct rules, the relationship with clients, conflicts of interest, relationships with other lawyers and third parties, disciplinary proceedings, and solicitors' liability. 2. Key topics covered include legislation and case law governing conduct in court, rules for handling client money and accounting, the general principles of professional conduct, managing conflicts of interest, and the process and potential sanctions for disciplinary proceedings against solicitors. 3. The document provides a high-level overview of the various subject areas that will be covered in greater depth throughout the professional responsibility course.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 5

    Professional Responsibility – Contents

    1. court conduct
    a. salient legislation:
    i. rules 54 and 55(a) PCR
    ii. rule 47 PCR
    iii. rule 61 PCR
    iv. 33 PCR
    v. Re Kumaraendran [1975] 2 MLJ 45
    vi. Public Prosecutor v Seeralan [1985] 2 MLJ 30
    vii. Ram Goswami v Public Prosecutor [1985] 1 MLJ 113
    viii. Attorney General v Arthur Lee Meng Kuang [1987] 1 MLJ 206
    ix. Re Tan Khee Eng John [1997] 3 SLR 382

    2. Legal Profession (Solicitors’ Accounts) Rules


    a. General principles
    b. Exceptions
    c. Object of rules
    d. Responsibility
    e. Client account; client’s money – rule 2 SAR; stakeholder money
    f. rule 6 SAR
    g. payment into client account – rule 3, 9; vol and other payments into client acct – rule 4
    h. withdrawal - rule 7
    i. cases
    j. rule 8
    k. withholding client’s money fr client’s account – rule 9
    l. client’s money held outside client’s account
    m. transfers between clients – rule 10
    n. books of account – rule 11 SAR; rule 19 PCR
    i. supervision of client accts
    ii. LPA rules governing
    iii. Reconciliation statements
    iv. Computerized records
    v. Authority for withdrawal
    vi. Safeguards
    vii. Compliance with rules – power of law soc to inspect accounts
    o. Accountants report rules; examination
    i. Where report unnec
    ii. Resp for delievery of accountant’s report
    p. Client’s confidentiality
    q. Trivial breaches
    r. Deposit interest rules
    s. S67.1.B Income tax act
    t. Imposition of conditions
    u. Cancellation of practising certs
    v. Discip proceedings
    w. Law soc’s recommendations
    x. Anti money laundering
    i. identity checks
    ii. letters of engagement
    iii. keeping records

    3. professional conduct rules


    a. General principles - rule 2(2)
    b. Outline of rules’ sources
    c. Pyramid of responsibility
    d. PC Rules - cl codification
    e. Part 1
    i. General – 2(2) and cases
    ii. To whom applies
    iii. Effect of PDs and law soc rulings
    iv. Defns
    f. Part 2 – practice
    g. Egs of unsatisfactory quality of service
    h. Remedies available to council
    i. Rr between inadeq services, negligence and professional misconduct
    j. New provisions which prevail over PDs

    4. relationship with clients


    a. retainer - Obtaining and Acceptance of Instructions
    i. acceptance
    ii. warrant to act
    iii. checking authority
    iv. refusal of retainer
    v. third parties out of scope of retainer
    vi. implied retainer
    vii. change of status
    viii. retainers by particular persons
    ix. challenging retainer
    x. terms of contract – scope of auth
    xi. duration of contract
    xii. authority of solicitor
    b. inadequate Professional Services
    i. PCR 12-53A
    ii. Complaints procedure
    c. Duty to Act in the Client’s Interest
    i. cl principles
    ii. secret profit
    iii. personal rr with client
    d. Duty of Confidentiality
    i. s24 LPA and 128 EA
    ii. 2 or more clients
    iii. scope of privilege under three rivers
    iv. common interest privilege
    v. common probs – jt retainer/ amalgamation of firms/ acting against former client
    vi. waiver
    vii. general scope – what is not privileged
    viii. application to law corporations
    e. client’s Perjury
    f. rules Against Borrowing
    g. purchases and Gifts from Client
    h. contingency fees and gross overcharging
    i. remuneration
    i. income and GST
    j. Tendering Advice for an Illegal Purpose
    k. Termination of retainer
    i. lien
    l. Withdrawal from a retainer by a lawyer
    m. Liability to client

    5. Conflict of interest
    a. Cl principles
    b. Fiduciary relationship
    c. Types of conflict
    i. Establishment of relationship
    ii. Personal
    1. types:
    a. interest in matter/ informed consent
    b. personal convictions
    c. sales transactions
    d. borrowing transactions
    e. sexual relationship
    f. gifts
    2. =>> disclosure: when can and when cannot
    3. revocation of transaction
    iii. Professional
    1. disclosure of info
    a. opposing parties in 1 case
    b. former client
    c. joining new firm
    d. new law and local law
    2. clients’ conflicting interests
    a. acting for opp parties
    i. eng cases
    ii. local law
    b. s79
    c. actual vs potential conflict
    d. acting against former client
    e. Chinese walls exception
    f. Acting against clients in disputes
    g. witness
    3. Rule 30 –unrepresented party
    4. Fees chargeable in conflict sitn
    d. Withdrawal of retainer
    e. Public interest
    f. Locum solicitors – conflict of interest

    6. relationship with other lawyers and third parties


    a. other solicitors
    i. R47 PCR
    ii. Sharing of fees
    iii. Other solicitor’s client
    iv. Second opinions
    v. Taking over brief
    vi. Professional undertaking
    vii. Responsibility for fees
    viii. Communication with other solicitors
    ix. Private comm with court
    x. Entering judgement by default
    b. Third parties
    i. Not to act against client’s interests
    ii. S53A unfair advantage
    c. Statements to press
    d. Letters of demand

    7. disciplinary proceedings
    a. section 82
    i. purpose of discip action
    b. burden of proof
    c. double jeopardy rule
    i. order to show cause
    d. legal officers and solicitors without practising certs- S82A
    e. section 83 LPA
    i. applicable to
    ii. sanctions
    iii. 11 grds of due cause
    iv. scope
    v. principles applied
    f. issues on proceedings
    i. mitigation
    ii. past conduct
    iii. conviction for crim offence
    g. machinery/ procedure
    i. complaint
    ii. review committee
    iii. inquiry committee – investigative only
    1. notice to solicitor; no right to be heard
    2. penalty possible; notice
    3. report
    iv. discip committee
    1. quorum
    2. rule against bias
    v. order to show cause/ court of three judges
    h. variations to procedure
    i. s94
    i. reinstatement
    i. s102 LPA
    j. amendments
    i. to LPA
    ii. against inadeq professional services
    iii. note application to JLVs and foreign firms
    k. misc
    i. adverse orders
    ii. no action in bad faith

    8. sol’s liability
    a. officer of court
    b. contempt of court
    c. undertaking
    d. liability for costs
    e. liability for loss
    f. liability of law corporations and their employees
    g. application to foreign firms and JLVs

    9.

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