Professional Misconduct in the Legal Industry

Recently in the news, you may have heard of the name Zenah Osman. But who exactly is Zenah Osman and what did she do to make her such a notorious name in the news?

Zenah Osman is the sister of disgraced former Deputy Mayor of Auburn, Salim Mehajer. She has been charged with serious misconduct because she signed and served false affidavits and claimed to represent people and companies which she did not. On the 23rd of May she was struck-off as a lawyer by the NSW Civil and Administrative Tribunal for her false representations and attempt to mislead the Federal Court.

Following these recent events presented in the news it can be hard not to wonder whether you are getting the best legal service possible, and if there are any rules of conduct that your solicitors or barristers may be breaking.

Here are our top 3 tips to consider when choosing a lawyer to avoid misconduct of any kind:

  • The first tip is to look out for your legal representative’s history as these records and their success rates can give an insight their experience. For example: if you seek assistance in family law, a lawyer with expertise in corporate law and a small amount of experience in family law, as opposed to a lawyer who has an extensive amount of experience in family law with expertise in other services such as conveyancing, could affect the outcome of your matter. A lawyer’s history also depicts if they have dealt with negligence, had a conflict of interest, or have had trouble with the law themselves. This history allows and provides knowledge that is important in choosing a suitable representative. A good starting point to learn about a lawyer’s history would be to search their firm or chambers which usually gives a brief summary of their professional history and background. It is also possible, and recommended, to check that the lawyer is practising with an approved practising certificate.

To search solicitors, visit https://www.lawsociety.com.au/for-the-public/find-a-lawyer.

To search barristers, visit http://find-a-barrister.nswbar.asn.au/.

  • Checking reviews is an important aspect to picking a lawyer as the feedback from other clients gives a reflection of the lawyer themselves. The reviews and feedback provide you with an idea of the service provided by that lawyer and if they were helpful to other clients with similar issues and concerns as yourself. Feedback can also provide an insight to your legal representative’s personality and how welcoming, caring and committed they were to the case of a client. This is important to view and consider when choosing legal representative. Often solicitors and their firms will have reviews on their website or social media platforms. Since barristers are usually chosen by the solicitors who have built relationships with them, reviews may be less common. This only highlights however, the importance of selecting a professional and committed solicitor.
  • The third tip when choosing a legal representative is to consider the lawyer’s communication and availability. Communicating new evidence to the case or making time to discuss how to progress is vital, and having a solicitor that makes time and is available for questions and concerns, is important. Answering phone calls and responding to emails in a timely manner while you are making initial enquiries is a one way for you to determine if the solicitor is someone you can communicate with.

All these tips correspond with the standard of conduct expected of lawyers, as stipulated in the Legal Profession Uniform Law NSW (‘LPUL’) – SECT 297 Professional Misconduct which states that:

‘’Unsatisfactory professional conduct of a lawyer where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence…is not a fit and proper person to engage in legal practice.’’

Lawyers also have fundamental ethical duties that they must abide by which are outlined under the LPUL Australian Solicitors’ Conduct Rules 2015 and LPUL Conduct (Barristers) Rules 2015 and include duties to the client, duties to the opponent, management of the practice, and integrity of evidence. If you believe that your lawyer has behaved in ways that constitute professional misconduct while handling your matter, your best option is to inform the Office of the Legal Services Commissioner (OLSC). They are an independent body who deals with complaints about lawyers and can assist with resolving disputes. Note that complaints about conduct must be lodged within 3 years of the alleged conduct occurring, while cost disputes must be lodged within 2 months of receiving the bill.

If you have been a victim of professional misconduct, or have any queries relating to issues featured in this article, please do not hesitate to contact us on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.

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