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Misconduct examples

The following type of conduct by a lawyer may amount to misconduct:

  • a breach of the Act, Regulations or the Australian Solicitors’ Conduct Rules 
  • charging excessive legal costs
  • being convicted of a serious offence, a tax offence or an offence involving dishonesty
  • bankruptcy
  • being disqualified from managing (or being involved in managing) a corporation under the Corporations Act 2001
  • failing to comply with an order made by the Commissioner, the Legal Practitioners Disciplinary Tribunal, or another disciplinary body
  • failing to pay a fine imposed under the Act
  • failing to comply with a compensation order made under the Act
  • failing to comply with the terms of a professional mentoring agreement
  • unreasonable delay in progressing a matter or in complying with instructions
  • repeated failure to return telephone calls or respond to letters or other communications without reasonable excuse
  • intimidating or bullying behaviour
  • acting despite having a conflict of interest
  • deliberately or recklessly misleading a client or a Court
  • mishandling money, especially trust money.

For a more extensive list of conduct that may be considered misconduct read the Australian Solicitors’ Conduct Rules or refer to section 70 of the Act.