(f) the conduct of an Australian lawyer in the event of non-compliance with an order of a disciplinary authority under this Act or an order of a corresponding disciplinary authority made under a relevant Act, including failure to pay a fine imposed under this Act or a corresponding Act; However, if the contract you sign with the retailer states that if you do not pay, you will be charged legal fees in addition to the debt, you may be legally required to pay both the debt and the additional fees if the fees are reasonable. If the contract does not mention these lawyer`s fees, the collector does not have the right to demand them from you,” he said. In her decision, Justice Jenkins described Mr. J.`s conduct. Burgess as “inevitable and deserved” to discredit the profession, stating that it “justifies sanctions severe enough to reflect appropriate condemnation and send the clearest message to the legal profession that such conduct will not be tolerated.” As part of the sentence, Justice Jenkins suspended Mr. Burgess` lawyer`s licence to practice law for a period of nine months. It also ordered Mr. Burgess to practise for the next 12 months only under supervision, limiting him to a certificate of labour activity. Ke Yuan Tan was admitted to the Bar on 13 August 2014. He held an internship license allowing him to practice as an employee of a law firm from October 2, 2014 to January 19, 2017. During this time, he worked at the law firm of Wayne Wong & Associates. 25. In May 2018, the Victorian Legal Services Commissioner (the Commissioner) initiated disciplinary proceedings against Mr Tan before the Civil and Administrative Tribunal of Victoria (VCAT).
the conduct of an Australian lawyer, whether in the course of the practice of law or otherwise than in the practice of law, which, if proved, would justify the conclusion that the practitioner is not a person fit to practise law. Ms. Sampson has worked as a debt collection lawyer for major DVD rental chains. Their job was to follow up with customers for the small debts they owed to the stores. In his decision, Jonathan Smithers, senior member of VCAT, found that Ms. Sampson violated the rules of the legal profession by sending misleading letters of claim and seemingly official communications while working for DVD stores and was found guilty of professional misconduct. Unsatisfactory professional conduct includes the conduct of an Australian lawyer in the exercise of rights that does not meet the standard of competence and diligence that a member of the public can expect from a reasonably competent Australian lawyer. A Kew lawyer was ordered to pay $11,000 in legal fees and his articling certificate was suspended after being convicted of eight counts of professional misconduct.
(g) The conduct of an Australian lawyer in the event of failure to comply with an order for compensation made under this Act or any equivalent Act. A lawyer ordered by the Victoria Civil and Administrative Court to complete a period of supervised legal practice was reprimanded for violating her supervision orders and fined $5,000. In its decision, VCAT Wentworth noted that Ms. Khan had fully cooperated with the Commissioner`s investigation, was remorseful and pleaded guilty to four cases of professional misconduct. The member acknowledged that Ms. Khan had been under considerable pressure to act on behalf of the new owner, commenting that the miscalculations “reflected a relatively new practitioner who was outdated.” However, despite these pressures, Member Wentworth noted that “.. Their best way would have been to seek advice, either independent legal advice or advice from the various departments of the Law Institute for lawyers who need advice on a practical or ethical issue. McGarvie also pointed out that consumers are not without support when persecuted for small debts. Consumers should seek advice from a lawyer, local legal department or consumer advice department if they have concerns about the claims they have received, and contact the collection agency to clarify how the amount claimed was calculated. VCAT referred Mr Tan back to the Court, recommending that he remove his name from the list of persons admitted to the profession of lawyer drawn up by the Court. The Commissioner filed a request for appeal on May 28, 2020. The decision to deregister Mr.
Tan`s list follows a review of three episodes of unfair behaviour between August 2015 and May 2017. In April 2015, Wayne Wong & Associates began acting on behalf of a married couple in connection with the purchase of a Chinese restaurant business. The transaction involved the transfer of a spirits licence. (e) the conduct of an Australian lawyer who is prohibited under the Companies Act from directing or participating in a company; Stanoevski v Council of the Law Society of New South Wales [2008] NSWCA 93, [54] – The court`s discretion to remove a practitioner from the list will only be exercised if the court is satisfied at the time of the hearing that the practitioner in question “is not fit and fit to be counsel and is likely to remain so indefinitely. The third episode concerned the treatment of Robert Liu in connection with a claim made by Mr. Liu of the Victorian Property Fund in his capacity as a pro bono paralegal. M. Tan obtained a dishonest or other financial advantage from Wayne Wong & Associates in the form of an electronic funds transfer to Robert Liu in the amount of $165,000 by deception by providing false and/or misleading information to Westpac Banking Corporation Ltd and Wayne Wong attorney for Wayne Wong & Associates. The Commissioner has released a new fact sheet for consumers of legal services: Meet a lawyer – your first appointment. You can download the fact sheet from the Fact Sheets page.
Mr. Rallis was convicted in 2009 of four counts of misconduct related to the work he had done before joining the government agency. He was ordered to pay $24,500 in costs to the Commissioner by December 2010. As no payments were made, the Commissioner commenced an action in late 2011 to recover the costs. In mid-2012, Mr. Rallis made the Commissioner a payment of $10,000 for unpaid costs and a written undertaking to pay the balance in accordance with an agreed payment schedule, in exchange for the Commissioner withdrawing further legal proceedings at that time. However, no further payments were made and Mr. Rallis did not respond to the Commissioner`s attempts to contact him by telephone and in writing. In January 2012, Margaret McAuley, an isolated practitioner from Brighton, pleaded guilty to two counts of professional misconduct and one count of unsatisfactory professional conduct. The indictment alleged that she received trust funds from a client when she was not entitled to do so, did not provide relevant information to the Commissioner of Legal Services, and did not follow her client`s instructions. The court ordered Ms.
McAuley to continue 12 months of supervised legal practice and to meet with a designated supervisor at least once a month. Justice Emerton of the Supreme Court of Victoria heard the appeal, noting that Mr. Turner`s conduct “demonstrates a lack of honesty and integrity that the public can expect from a lawyer.” His honor also noted that Mr. Turner`s behavior over a long period of time “reflects the hypocrisy of the practitioner who claims to practice and enforce the law while committing serious violations of the law.” .