legal profession conduct commissioner v cleland 2021 sasca 10

Although legal practitioners are ethical principle that unifies and animates all other virtues’ 4 in. The particular nature and circumstances of the practitioner’s friendship with a potential client will govern whether the same kind of ethical issues will be relevant. Had the potential to achieve an HD had I been more analytical than descriptive. The Tribunal found that this amounted to unsatisfactory professional conduct. Nonetheless, the Tribunal recognised that: “the significance of the misconduct needs to be acknowledged, and orders made to protect the public against further misconduct by the practitioner, to protect the public from similar defaults by other practitioners, to publicly mark the seriousness of what the practitioner has done, and to ensure that the high standards demanded of the profession are maintained”. 10 20 40 60. Similar considerations may also apply to acting for close colleagues and co-workers. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors. 9 Legal Services Commissioner v Kellahan [2012] QCAT 263; See Queensland Law Society, ‘Admitted but not holding a current practising certificate – what can I sign and call myself?’, QLS Ethics and Practice Centre (online, September 2015). the Legal Profession Uniform Law Australian Solicitors’ Conduct 1 The Acts provide 146 talking about this. The true nature of the association will be the governing factor. In addition, engagements with family or friends are more susceptible to misunderstandings given that either party might make incorrect assumptions based on the underlying relationship. maintain contemporaneous records of the institution of any relationship because it obligates the lawyer to act in a lawful action is arbitrary, therefore, constitutes a breach of r12.1 of is cohesive in the sense that they promote order, loyalty to the Seasonal clerkship and graduate recruitment, Legal Practitioners Admission Board (LPAB), Power of attorney and advance health directive forms. absolute trust between a lawyer and their client. The breakdown of friendships or familial relationships is not uncommon and can be a potent reason for reassessment of a practitioner’s work on a matter. 5 Ibid 3. this is a direct breach of the lawyer’s strict and prescriptive Castle v Queensland Law Society [2021] QCAT 300. by | Mar 10, 2021 | Uncategorised | 0 comments | Mar 10, 2021 | Uncategorised | 0 comments 25 October 2021. Note also the case of a disciplinary matter involving the preparation by a solicitor of a will for his aunt (ie. 8 Ibid 5 [7]. Victoria's principal trial court hears and determines criminal, common law and commercial matters. 9 Frank H. Easterbrook and Daniel R. Fischel, ‘Contracts and Your relationship may cloud your professional judgment and your ability to bring an independent perspective and that could in turn impact your ability to do a good job. Legal Services Commissioner v Smith [2021] QCAT 345. "With contributions from more than 70 lawyers and other experts, it outlines - in practical terms - the main areas of law you are likely to encounter in WA and provides information on where to go for more help. Criminal Law Consolidation Act 1935 . The concept of ‘friendship’ enters a grey area in the world of social media, such connections may be different from traditional friendships. make a clear distinction between a lawful and unlawful lawyer This Guidance Statement is issued by the Queensland Law Society (‘QLS’) Ethics and Practice Centre for the use and benefit of solicitors. Uniform Law Australian Solicitors’ Conduct Rule 2015 (NSW); equitable mandates as he failed to meet the high standard of SASCA 1, [1]. In addition, practitioners should be mindful of the importance and closeness of extended familial connections in certain cultural groups. 17 February 2021: 23 counts of deception (public statement). intricacy of a lawyer’s fiduciary duty will be evaluated and What constitutes a family member will always depend on the particular circumstances of a given situation, and may include people outside of ‘traditional’ definitions of family. Moore J. That is because the Victorian Legal Services Commissioner has a fascination with the lawyers who act for plaintiffs who elect to sue the other driver in the courts rather than claim on their insurance. Copyright 2021 Frank Law. 1 Legal Profession Uniform Law Australian Solicitors’ Conduct THE COMMISSIONER’S REPORT. Would a dispute between the practitioner and the client affect the practitioner’s social or familial networks? 5 Ibid 3. Avoid any compromise to their integrity and professional independence. This edition includes a special feature on South Australia's new Court of Appeal. Admission Rules 2015. obligation of allegiance became more binding, and fewer clients 8 Although Ms Cleland did not suffer from A difficult enough duty at the best of times, when applied to a client who is also a family member or friend, it can be a particular challenge. In the proceedings in question, Ms Searle was acting on behalf of a wife against her husband. QLS 2021-22. SASCA 4, [2]. 20 The Lawyer contradicts the purpose of an Brown's argument in this book is wide-ranging, inquiring, challenging, but finally inspiring, and takes us through such questions as wildness and conservation, wild cities, rewilding language, wildness and food, wild animals, wild margins, ... The case will provide direction to prescriptive morality: Two faces of moral regulation’. This Guidance Statement is not legal advice, nor will it necessarily provide a defence to complaints of unsatisfactory professional conduct or professional misconduct. Without prejudice correspondence is correspondence containing an offer of compromise and disclosing it to the Court in this manner is in breach of Section 117C of the Family Law Act 1975 (Cth), which states that settlement negotiations and offers are not to be disclosed to the Court except for the purposes of consideration by the court as to orders about costs. This is the first book to deal comprehensively with the issue of capacity and the common law and statute law in Australia over a wide range of the situations in which questions of capacity arise. a reasonably competent Australian legal practitioner .3 On three occasions recently, Queensland solicitors have been disciplined for failing to take sufficient precautions to ensure the mental capacity of a donor of an enduring power of attorney . 3 Law Institute of Victoria, Ethics Committee Rulings (R4660, 27 May 2010). Frank Law is a boutique law firm servicing clients in Corporate and Private law. Date filed: 11 August 2015 Date finalised: 23 April 2021. Chia sẻ về luật lệ đời sống giữa nước tự do và nước độc tài Đảng trị In doing so T.S Eliot's selcted poems, critical reading quotes for The Love Song of J.Alfred Prufrock, Preludes, Rhapsody on a Windy Night, The Hollow Men, and Journey of the Magi. lawyer carried out the tort or not, just intention is sufficient to Respective of r10 of the Legal Profession Uniform In the seminal case, the decision in Legal Services Commissioner v Ford4 Fryberg , in terms of its positive and negative aspects, while 21 Legal Profession Uniform Admission Rules 2015 (NSW) r 10. lawyer fails to satisfy his fiduciary obligations by committing Where it is apparent that a solicitor is acting for a friend or family member, this may also limit the ability of the solicitor to persuade a court or opposing party, as the solicitor’s arguments may be seen to lack independence. v Cleland [2021] SASCA 2 directly examines an instance where a The This search field can be used, in combination with others, to narrow a search to the judgments of a particular court or courts. He thoroughly rationalises Initial charges laid 25 February 2016 - 22 counts of theft and 1 … 6 Ibid. Conspiring or soliciting to commit murder 12A. academic sources in the context of the case: not an ‘immediate family’ member) where the solicitor was a beneficiary: Legal Profession Conduct Commissioner v Cleland [2021] SASCA 10. the obligatory and duty-based essence of prescriptive morality (NSW); Legal Profession Uniform Law 2014 (NSW). While solicitors of necessity advocate their client’s position, when there is a close familial or friendship connection between solicitor and client the potential exists for the solicitor to advocate for the person rather than the legal position. 1 In doing this, the practitioner breached two main duties that he owed to his client and to the Court, these being the … Whether or not this will trigger the concerns covered in this Guidance Statement will depend upon the level of connection and interaction with any given social media connection. guidelines that enable lawyers and clients to maintain a It is a situation likely to be confronted by all practitioners at some stage. Rules 2015 (NSW) r 12.1. as it demonstrates a lack of accountability and remorse for his respect to the American philosopher Josiah Royce. In doing so hypothetically this would have saved the court time Under appeal. relationship between a solicitor and client. 3 Legal Profession Uniform Law 2014 (NSW) s 17.1 (c). the upholding of these standards 21 Despite that, this could have been intent of the prescriptive duty, no profit duty, and strict duty, There should be no discernible difference between the way a solicitor engages with a relative or friend and the way they engage with a client who was unknown to them prior to the engagement. Note that this definition has a narrow application in the ASCR, including in r 12.4.2, which is an express exception permitting a solicitor to prepare a will for an ‘immediate family’ member, under which they may be a substantial beneficiary. If this is being encountered as an issue, it is a sign that you should approach acting with caution. encompasses elements that nurture the development of 5. Currently before the court: Hardy, Stephanie: 4 September 2019: 4 counts of breaching confidentiality provisions in the ICAC Act (public statement). 2 The case of Cleland explores the solicitors breach of his duties when accepting a retainer to act for his aunt to draw two wills and a codicil. with a monumental task to draft her October 2014 Will. between the behavioural expectation of a competent lawyer in It is likely that such good intentions will lead to a poor outcome for the client and possibly allegations of negligence being made against the solicitor. interests are also juxtaposition to the strict duty as neither For solicitors – whose first duty is to the court and the administration of justice – acting for family and friends can be fraught with peril. Clients. This Guidance Statement is for solicitors and law practices. This in turn leaves them open to the accusation, should the client be unhappy with the outcome or come to regret it with the passage of time, that the solicitor did not make their best efforts given the lack of profit involved. Practitioners should therefore check their own insurance policy to ascertain their position when acting for a family member. Viscariello v Legal Profession Conduct Commissioner [2021] SASCFC 24 … 10 In 6 Ibid. Supreme Court of Victoria. Join today and be the first to know about changes in the law helping you to identify opportunities, manage risks and to provide better advice for your clients. contrast to a solicitor that fails to meet their fiduciary duty. Misconduct The Bulletin is the Law Society of South Australia's flagship journal. The equitable Professional misconduct, on the other hand, is defined in Section 297 of the LPUL as either: “unsatisfactory professional conduct of a lawyer, where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence”. General Rule 2015 23 are similar in nature as they entail the It was alleged that Ms Searle threatened that including the photos in evidence should the matter continue could mean that the husband would “face criminal charges for child sexual abuse”. SASCA 4, [5]. By having regard to the content of this Guidance Statement, it may be easier for you to account for your actions if a complaint is later made to the Legal Services Commission. Accordingly, Ms Searle was reprimanded for findings of unsatisfactory professional conduct and professional misconduct, fined $12,000, ordered to participate in a six-week Legal Ethics course and ordered to pay the costs for the Law Society who brought the proceedings. This is a Premium Document. The direct nature of a proper fiduciary relationship 22. client, and the sustainability of a relationship. submission of other desires to the object of loyalty.’ 6, The commissioner sought it necessary under reasonable Rule 2015 (NSW); Legal Profession Uniform General rules 2015 Independence – avoidance of personal bias. Importantly, legal profession rules are binding on Australian legal practitioners and Australian-registered foreign lawyers to whom they apply. Act in the best interests of a client in any matter in which the solicitor represents the client. Hence, any lawyer who fails to adhere to the rules governed A breach of these responsibilities could result in serious repercussions for the lawyers involved. The Australian legal profession as a whole is regulated on a state and territory basis, although most of the rules are uniform across the country. Purdie v Queensland Law Society [2021] QCAT 291. This leads to a risk that, either consciously or unconsciously, the solicitor comes to make no or insufficient division between the client’s interests and their own. Currently before the court: Hobbs, Sean: 23 May 2017: 1 count of aggravated assault causing harm (public statement). Legal Obligations. drawbacks of prescriptive morality. 3 Minister for Immigration and Border Protection v EFX17 [2021] HCA 9 (10 March 2021) Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 (10 March 2021) Wigmans v AMP Limited [2021] HCA 7 (10 March 2021) Legal Profession Uniform General Rule (NSW). Work done for an in-law who ceases to be so through divorce, or a friend who becomes estranged over time, can be subject to re-examination by those former clients. constitute a breach. For solicitors – whose first duty is to the court and the administration of justice – acting for family and friends can be fraught with peril. Conversely, solicitors can be vulnerable to accusations of wielding influence over family members. All rights reserved. to warrant a breach of the lawyer’s strict duty. professional misconduct. Therefore, there is no formal published decision by the Information Commissioner that is linked to any of these decisions. A powerful claim for the virtues of a more thoughtful and collegiate approach to the academy today. Solicitors have a duty to avoid conflicts between their own interests and those of their client.7 Such a conflict is more likely when the client is a family member or friend. Cases Filed Period: 07/10/2021 to 21/10/2021 Case Number Case Title Locality Filed Date Case Status S ECI 2021 03893 S ECI 2021 03893 In the matter of 111DXC Pty Ltd (ACN 627 647 885) Redcrest eFiling 21-Oct-2021 Open S ECI 2021 03892 Sandonn Pty Ltd (ACN 006 002 517) v. B.C. Upgrade to Premium to read the full document, Share your documents to get free Premium access. Legal Services Commissioner; The Team; Services; Finances & Strategic Performance Plan; What the Legal Services Commission can't do; For the Profession Open/Close Sub Navigation. Causing death by an intentional act of violence 13. Evaluation of a lawyer's fiduciary duties in relation to Further, during settlement negotiations, Ms Searle threatened to use material that may lead to criminal proceedings against the husband – in a word, blackmail. The material referred to was photographs of the husband which were supposedly kept “in his home office, of his stepdaughter aged 11 nude from the waist up and sitting on his lap and another of her aged between 17 and 19 in sexy underwear”. forming a better understanding. The client could also be asked to acknowledge in writing that they were offered that option and rejected it. 1 Short title. Suspicion of a conflict is enough We pay our respects to the Traditional Owners and keepers of this land and acknowledge all elders past, present and future. under these Acts may fall subject to legal ramifications. This Court dismissed Mr Viscariello’s appeal from an order of a single judge refusing his application for judicial review on 14 May 2021. 7 Legal Profession Conduct Commissioner v Cleland (2021) 10 The Birthday Honours are awarded as part of the Queen's Official … Search the Legal Profession Conduct Commissioner website Search. Lay people are unlikely to appreciate the distinction between practice areas, and to assume that a solicitor can assist in any legal matter, or at least be ‘better than nothing’. Deborah A. DeMott derives from the notion that loyalty is ‘the 20 Legal Profession Conduct Commissioner v Cleland (2021) 10 It is strongly recommended that practitioners consider whether it is appropriate for them to act for family or friends. This essay will evaluate, articulate, and make the distinction To determine the Solicitors are also referred to the Queensland Law Society, The Australian Solicitors Conduct Rules 2012 in Practice: A Commentary for Australian Legal Practitioners, Queensland Law Society (2014). VCAT can review the Victorian Legal Services Commissioner's decision to impose compensation orders or fines to a lawyer under the Legal Profession Uniform Law (Victoria). Rule 2015 (NSW); Legal Profession Uniform General rules 2015 Hence, why she was unable to. 17. The default option is “All Courts”. breach 9, The lawyer also acted without any communication to the client Brian Johnston Plan Design Pty Ltd v Strategic Developments Pty Ltd [2021] QCAT 342. Solicitors should avoid the temptation to undertake work beyond their skills / experience level, even when it would help a family member or friend, or save them money. The way in which solicitors conduct their matters will inform the public as to the veracity of the legal system. SASCA. Uniform Law Australian Solicitors’ Conduct Rule 2015 ; the Legal Catchwords: PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY. duty as his negligence indicates that he shared an interest in In addition to issues of conflict which may arise from p… thus did not take the right course of action to assist her in who fails to adhere to his fiduciary obligations. deals made in relation to the October 2014 Will. The Queen's Birthday Honours 2014 were announced on 9 June 2014 by the Governor-General of Australia, Sir Peter Cosgrove.. This Guidance Statement does not have any legislative or statutory effect. prevented if the lawyer took responsibility at the first instance. Australian Building and Construction Commissioner v Brian Parker & Ors. Kinkhead v Rositani [2021] VMC 009 is a case about crash and bash litigation, a field of endeavour for lawyers which is fertile as a generator of professional misconduct prosecutions. AGAW Services Pty Ltd v MacCrory & Anor [2021] QCAT 341. Thesis, University of New South Wales, 2006). 7, The lawyer did not apprise Ms Cleland with adequate legal Importantly, legal profession rules are binding on Australian legal practitioners and Australian-registered foreign lawyers to whom they apply. Lawyers are held to the highest standard by both the profession and the courts. 4 Deborah A. DeMott, ‘Loyalty in a fiduciary relationship’, (PhD 12.1  A solicitor must not act for a client where there is a conflict between the duty to serve the best interests of a client and the interests of the solicitor or an associate of the solicitor, except as permitted by this Rule. 6 See generally Sir Gerard Brennan, ‘Pillars of Professional Practice: Functions & Standards’ (1987) 61 Australian Law Journal 112. corresponds to the positive and negative aspects of prescriptive The closeness may lead the solicitor to identify themselves with their client’s case, and lead to a lack of objectivity which can undermine the justice system,6 or, as noted above, the practioner’s own effectiveness as an advocate. The court viewed it as an aggravating factor. credibility in the eyes of the public and the Court as the lawyer 2 Legal Profession Conduct Commissioner v Cleland (2021) 10 Profession Uniform Law 2014 ; and the Legal Profession Uniform 7 Legal Profession Conduct Commissioner v Cleland (2021) 10 SASCA 1, [1]. 17, Furthermore, in the court’s findings, the lawyer also failed to In addition to issues of conflict which may arise from personal relationships and familial connections, professional independence can easily be compromised when emotional ties come in to play. rules which bind a solicitor by his or her fiduciary obligations. South Australian Legislation. requires a tortious act to be committed to satisfying as a Victorian Legal Services Commissioner v Tan, Ke Yuan [2021] VSC 692. the notion that lawyers must be of a certain character to Found inside – Page iHaving been spared the constraints imposed on intellectual discourse by the totalitarian regime of the past, young Ukrainian scholars now engage with many Western ideological theories and practices in an atmosphere of intellectual freedom ... 2 Harvey v Law Society of New South Wales (1975) 49 ALJR ... Charges 5 and 7 and draws an analogy with the conduct in Legal Services Commissioner v Hackett4 where the Tribunal said: Turning to the characterisation of this misconduct, it was plainly This could include gross overcharging, conflicts of interest, misleading or dishonest conduct in or outside Court, or even being convicted of a serious criminal offence or a tax offence. It is strongly recommended that practitioners consider whether it is appropriate for them to act for family or friends. supports the presumption that fiduciary relationships are essential in consolidating the notion of professionalism, ethics (2009) We use this information to make the website work as well as possible and to improve our services. Some documents on StuDocu are Premium. The close bonds between family and friends can pose a challenge to a solicitor’s independence. the appropriate extrinsic material in relation to the case will be Victorian Legal Services Commissioner v Tan, Ke Yuan [2021] VSC 692 Brown, Charlotte (executor of the estate of Hunt, Betty May) v Hunt, Matthew Alec [2021] VSC 683 In the matter of Aurora Funds Management Ltd (ACN 092 626 885); Aurora Funds Management Ltd (ACN 092 626 885) v NG Parntership (a firm) (ABN 88 115 548 982) & Piper Alderman (a firm) (ABN 42 843 327 183) [2021] … Please sign in or register to post comments. Ms Searle conceded and the Tribunal agreed that this amounted to professional misconduct. The mere fact of being connected on social media will not automatically indicate a friendship of a kind which would lead the practitioner to be wary of acting. For those solicitors who are insured with Lexon,10 the practitioner should be aware that the Lexon policy may require that the practitioner re-pay to Lexon any amounts paid to compensate that relative (as defined) in respect of any claim brought by the relative against the practitioner or their firm (i.e. advice, therefore, he inhibited her from forming a better Murder 12. If a solicitor does take on a family member or friend as a client, a specific and comprehensive retainer and meticulous costs disclosure will reduce the chances of misunderstandings and conflict during the engagement. efficient manner. Re WL [2021] VSC 689. since both concepts are diametrically opposed; this Solicitors can be vulnerable to manipulation by influential family members or overbearing friends, and action instructions that they would ordinarily refuse to follow. Queensland Law Society believes in good law, good lawyers for the public good. It is recommended that any retainer with a family member or a friend should overtly acknowledge the relationship, and note that the solicitor has discussed the potential issues with the client, especially what will happen should circumstances lead the solicitor to be in a position of conflict. In the case of Council of the Law Society of New South Wales v Searle [2019] NSWCATOD 70, the NSW Civil and Administrative Tribunal found a family law practitioner guilty of unsatisfactory professional conduct and professional misconduct. and diligence during legal practice. The Birthday Honours were appointments by some of the 16 Commonwealth realms of Queen Elizabeth II to various orders and honours to reward and highlight good works by citizens of those countries. distinguishes between the approach – avoidance differences Insurance Commissioner v Joyce (1948) 77 CLR 39 Insurance Exchange of Australasia v Dooley (2000) 50 NSWLR 222 , Insurers' Guarantee Fund NEM General Insurance Association Ltd (In Liq) v Baker (unrep, 10/2/95, NSWCA) This Guidance Statement represents a standard of good practice and is endorsed by the QLS Ethics Committee. the last two decades to foster the obligation of loyalty, which Compliance; Workplace Conduct; Information for the Profession; Engaging with Clients; Legal … requires a high level of integrity and honourability. examined. What follows is not an exhaustive list of those duties, but highlights the most likely areas of concern. It is not uncommon for solicitors to be asked by family and friends for assistance in legal matters, and understandable that practitioners will be eager to assist those close to them, especially in times of need. represent a client in a behavioural manner; as pursuant to s competently and lawfully. It follows that the term ‘family’ may be interpreted more broadly than the above definition and former spouses and those who have adopted informal familial roles are likely to be included. The Legal Profession Conduct Commissioner v Cleland [2021] SASCA 10 (‘ Cleland ’) highlights the importance for legal practitioners to be informed of their various duties to effectively maintain the public confidence in the profession. [2021] SASCA 10. Upgrade to Premium to unlock it. Version: 7.10.2021 Published under the Legislation Revision and Publication Act 2002 1 South Australia . Queensland College of Teachers v Teacher MGI [2021] QCAT 308. doing so he failed to assess Ms Cleland’s testamentary capacity SASCA 4, [6]. 8 Ibid 5 [7]. and money. If it is not your area of practice, explain that your family member or friend would receive much better assistance from an expert in the relevant area. Such In this case, the Law Society made an application to the Tribunal for Ms Searle, who was previously a councillor of the Law Society and chairman of the Family Law Committee, to be removed from the Roll of Legal Practitioners and pay a substantial fine due to her conduct in Family Court proceedings. dissected to shed insight on the principles of a fiduciary 2 Australian Solicitors Conduct Rules 2012 (Qld) p 27 (definition of ‘immediate family’) (‘ASCR’). morality. [5] Section 418 introduces the concept of ‘unsatisfactory professional conduct’ which … establishment of a fiduciary relationship ‘requires the Please review our Privacy policy and provide your consent below. Legal Services Commissioner v Scott [2014] QCA 266 Legal Services Commissioner v PFM (Legal Practice) [2013] VCAT 827 (PFM provided a forged transcript to employer and some marks was exaggerated. Introduction: The Legal Profession Uniform Law (LPUL) commenced operation on 1 July 2015 in New South Wales and Victoria. and fidelity for the provision of providing legal service 16, What a lawyer cannot do is what a prescriptive obligation any form of loss, the attempt from the lawyer to derive a 18 Legal Profession Conduct Commissioner v Cleland (2021) 10 This includes; Despite the seriousness of her actions, the Tribunal considered Ms Searle’s previous history and experience as a family law practitioner, and the various character references that were called upon, and found that “the solicitor is presently fit to practice, and it would not be appropriate to recommend that her name be removed from the roll”. Journal of Personality and Social Psychology, 96 (3) 521–537. Any conduct that is perceived to be a violation of a During the course of proceedings, she attached without prejudice correspondence (both emails and letters) to an affidavit. 17 Janoff-Bulman R., Sheikh, S., and Hepp, S, ‘Proscriptive versus SA lawyer fined $50k, reprimanded over drafting will for aunt. It is almost inevitable that family and friends will assume or even demand free or discounted work, or that the solicitor themselves will be motivated to offer it due to the underlying relationship, but this is to be avoided. Michael King. 23 Legal Profession Uniform Law Australian Solicitors’ Conduct Ultimately, will likely have a detrimental impact on his Let them know that you are still available to support them as a family member or friend, but not as their solicitor. or “conduct…whether occurring in connection with the practice of law…or occurring otherwise…that would, if established, justify a finding that the lawyer is not a fit and proper person to engage in legal practice”. Be honest and courteous in all dealings in the course of legal practice, Deliver legal services competently, diligently and as promptly as reasonably possible, and. When determining whether or not a person who may be considered a friend in general terms is too close to be a client, practitioners should consider the finer details of the relationship, for example: Not surprisingly, the courts and tribunals have recognised that romantic / intimate relationships can compromise the independence of solicitors.4. Legal Profession Uniform General rules 2015 (NSW); and the We can only review the decision when the application is made by the lawyer. Is the person so close that the practitioner has an emotional investment in the outcome of the matter? The Courts search field is designed to search a database identifying the specific courts which delivered each of the judgments in this collection. the Will without apprising the testator whom it concerns.