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ETHICS

ETHICS. DUTIES OF IN-HOUSE COUNSEL. www.lsbc.vic.gov.au. OUTLINE. Who is the Regulator? In-House Counsel: common ethical challenges Undertakings Confidentiality Legal Professional Privilege Conflict of Interest Conduct. www.lsbc.vic.gov.au. Who is the Regulator?.

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ETHICS

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  1. ETHICS DUTIES OF IN-HOUSE COUNSEL www.lsbc.vic.gov.au

  2. OUTLINE • Who is the Regulator? • In-House Counsel: common ethical challenges • Undertakings • Confidentiality • Legal Professional Privilege • Conflict of Interest • Conduct www.lsbc.vic.gov.au

  3. Who is the Regulator? • Victorian Legal Services Board and Commissioner - independent statutory entities- regulate lawyers • Consumer interests dominate • Two bodies; work as one www.lsbc.vic.gov.au

  4. Legal Services Board • Financial management, licensing and standards • Protection of consumers • Oversight of trust accounts www.lsbc.vic.gov.au

  5. Legal Services Commissioner • Handle complaints and look at systemic issues • Educate the legal profession • Educate the community www.lsbc.vic.gov.au

  6. Undertakings • Sacrosanct: RPA Alert #8, LSB/LSC February 2014 • Promises of action, either explicit or implicit, must be honoured • Failure undermines trust and reputation • Officer of the court www.lsbc.vic.gov.au

  7. Undertakings • Rules 22 & 27 - Professional Conduct and Practice Rules 2005 – breach may constitute misconduct • 2013 – 4 lawyers guilty of misconduct for failing to deliver on undertakings • Legal Services Commissioner v Kaine (Legal Practice) [2013] VCAT 1077 - breach of an undertaking to another solicitor www.lsbc.vic.gov.au

  8. Confidentiality Fundamental duty from 3 sources: • Professional Conduct and Practice Rules 2005: rules 1.1 & 3 • Retainer contract obliges confidentiality • Equitable doctrine that a confidant must not use information for purposes inconsistent with its communication  www.lsbc.vic.gov.au

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