Lawyer's Ethic S1-B3

Question 1

implores

Answer 1

beg

Question 2

writ

Answer 2

a doc written to commence civil proceeding

Question 3

r4.09 of County Court

Answer 3

overarching obligations certification shall be in Form 4A

Question 4

r4.10 of County Court

Answer 4

the proper basis certification shall be in Form 4B

Question 5

extraneous

Answer 5

irrelevant

Question 6

inter alia

Answer 6

among other things

Question 7

albeit

Answer 7

though

Question 8

transpires

Answer 8

come to be known

Question 9

siphoning

Answer 9

draining

Question 10

implicated

Answer 10

involved, exposed

Question 11

exposé

Answer 11

a news report that reveals something illegal or dishonest to the public

Question 12

mandate

Answer 12

authority or approval

Question 13

philanthropist

Answer 13

humanitarian, benefactor

Question 14

interior

Answer 14

inside

Question 15

interior minister

Answer 15

or home affair minister is responsible for internal affairs

Question 16

exert

Answer 16

bring to bear

Question 17

behest

Answer 17

instruction

Question 18

bulk

Answer 18

large part

Question 19

prudent

Answer 19

wise

Question 20

commissions

Answer 20

formally tasks someone with

Question 21

onerous

Answer 21

burdensome

Question 22

who hosts LPUL?

Answer 22

Vic

Question 23

Who hots the rule made under LPUL?

Answer 23

NSW

Question 24

how did Vic host LPUL?

Answer 24

by enacting LPULAA and making LPUL a schedule to the Application Act 2014

Question 25

do Victorian Practitioners have to compy with NSW rules?

Answer 25

yes

Question 26

name all the NSW rules made under LPUL

Answer 26

LPUGR - Legal Profession Uniform General Rules 2015 (NSW) SR - Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) BR - Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW)

Question 27

who looks after a practitioner's affair and compliance with law?

Answer 27

- Victorian Legal Admissions Board - Victorian Legal Services Commissioner - Victorian Legal Services Board - Victorian Civil and Administrative Tribunal - Legal Services Council whose functions include the establishment of an Admissions Committee to make rules on admission to practice.

Question 28

A solicitor’s duty to the court and the administration of justice is paramount ?

Answer 28

r3 - SR2015

Question 29

A solicitor must not engage in dishonourable or disreputable conduct ?

Answer 29

r5 - SR2015

Question 30

r4 of SR?

Answer 30

4.1 Solicitor's Fundamental Duties: 4.1.1 act in the best interests of a client, 4.1.2 be honest and courteous in all dealings in the course of legal practice, 4.1.3 deliver legal services competently, diligently and as promptly as reasonably possible, 4.1.4 avoid any compromise to their integrity and professional independence, 4.1.5 comply with these Rules and the law.

Question 31

Victorian Legal Admissions Board (VLAB)'s role?

Answer 31

to assess application to admission to practice in Vic and to delegate task to Victorian Legal Admissions Committee (VLAC).

Question 32

the role of VLAC?

Answer 32

grants “certificates” to applicants whom it considers suitable for admission to practice, based on Admission Rule

Question 33

which rule is equivalent to r3,4 for barristers?

Answer 33

r4, 8 BR

Question 34

r8 of BR?

Answer 34

barristers must not engage in dishonest or disreputable conduct.

Question 35

The Victorian Legal Admissions Board (VLAB)'s responsibility?

Answer 35

VLAB is responsible for assessing applications for admission to practice in Victoria

Question 36

who grants the certificate of admission to practice?

Answer 36

Victorian Legal Admissions Committee (VLAC)

Question 37

the core function Victorian Legal Services Commissioner (VLSC) ?

Answer 37

to handle complains about lawyers whether consumer related or disciplinary

Question 38

can VCAT hear disputes already resolved by VLSC?

Answer 38

Yes and can direct the issue to Supreme Court

Question 39

from whom can a solicitor gain advice related to ethical matters?

Answer 39

Law Institute of Victoria (LIV)

Question 40

main function of VLAB

Answer 40

Prescribes requirements for law courses and practical legal training; accredits law courses and law schools; regulates admission to practice

Question 41

main function of VLSB?

Answer 41

Regulates trust accounts and trust money; grants, renews, suspends and cancels practising certificates

Question 42

main function of VLSC?

Answer 42

Handles complaints (claims and conduct), enforces discipline

Question 43

main function of VLST?

Answer 43

Reviews VLSB and VLSC decisions, hears disputes, makes disciplinary orders, recommends removal from the roll

Question 44

main function of SCV?

Answer 44

Admission, discipline, removal from the roll (striking off)

Question 45

explain the practitioner's liability to the Client in Tort

Answer 45

a solicitor has no duty to accept a case, but once work is accepted a duty of care arises not to cause loss or damage to the client - May v Mijatovic [2002] WASC 151