• CPD Points: 1 [E]
  • Price: $0.00
  • Area: Legal Skills & Technique; Workplace, Business and Career
  • Delivered: April 2021
Digital Content
  • Recording
  • Paper (case scenario notes, 2 pages)

Free recording – view here. Password: $2sPu

Description

Ms Linden Barnes, Senior Ethics Solicitor, Law Society NSW, discusses the new SCR rules in the context of the ASCR. This is facilitated by Ms Claire White, Senior Associate, Douglas & Collins. They focus on a number of select rules such as: Confidentiality (ASCR 9/SCR 13); Undertakings (ASCR 6/SCR 10); and No Contact (ASCR 33/SCR 38). A number of the materials referenced in the session are included under the relevant rule.

  • Conflict Checking – Virginia Shirvington (2006) ‘Ethics and Conflict of Interest and Duties’ – Law Society of NSW
  • Confidentiality (ASCR 9/SCR 13) – McClure v Thompson 323 F.3d 1233 – decision of the United States Court of Appeals; Expense Reduction Analysts Group Pty Ltd & Ors v Armstrong Strategic Management and Marketing Pty Limited & Ors [2013] HCA 46
  • Undertakings (ASCR 6/SCR 10) – Nada v Georges River Council [2017] NSWLEC 80
  • Inadvertent Disclosure (ASCR 31/SCR 36) – Re Estates Brooker-Pain and Souls [2019] NSWSC 671
  • No Contact (ASCR 33/SCR 38) – Legal Services Commissioner v Hurley [2009] NSWADT 125
  • Ceasing to Act (ASCR 13/SCR 17) – Duty to Respond to the Regulator (ASCR 43/SCR 48)

Claire White, Senior Associate, Douglas & Collins

About the Presenter:

Ms Claire White graduated from the University of Tasmania with a combined degree in Science and Law in 2006. Following several years working in the finance sector, she completed her Graduate Certificate of Legal Practice and was admitted to the Supreme Court of Tasmania in 2010. Following her admission, she worked as Associate to the Honourable Chief Justice Blow AO, before joining a Hobart law firm, where she practised predominantly in family law, child protection, criminal law and wills and estates, routinely appearing as counsel in the Federal Circuit Court of Australia, Family Court of Australia, Supreme Court of Tasmania and local Magistrates Court. She was appointed as an investigator for the Legal Profession Board of Tasmania in 2017, before joining Douglas and Collins in January 2019.

Linden Barnes, Senior Ethics Solicitor, Law Society of NSW

About the Presenter:

Ms Linden Barnes has been an Ethics Solicitor with the Law Society in NSW for 9+ years. She provides guidance to solicitors about their ethical obligations and conducts ethics presentations and writes ethics articles. Linden commenced as a lawyer in insurance litigation and has since worked in generalist in-house roles.

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About the Presenter: