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As we have learned, to be admitted as an Australian lawyer, a person must demonstrate that they are 'a fit and proper person' (in addition
As we have learned, to be admitted as an Australian lawyer, a person must demonstrate that they are 'a fit and proper person' (in addition to meeting the educational and training standards). To remain on the register of legal practitioners, a lawyer must continue to conduct themselves in accordance with the standards expected of legal professionals. These standards were described by Pagone J in Frugtniet v Board of Examiners [2002] VSC 140 as necessary because: A legal practitioner, ... assumes duties to the courts, to fellow practitioners as well as to clients. ... The entire administration of justice in any community which is governed by law depends upon the honest working of legal practitioners who can be relied upon to meet high standards of honesty and ethical behaviour ... [The] level and extent of trust placed in what legal practitioners say or do is necessarily high and the need for honesty is self-evident and essential. Reflect on what you have learned, answer the following sub-questions (each is worth 10 marks): Do you agree that the rules related to 'Advocacy and Litigation' in the Australian Solicitors' Conduct Rules (ASCRs, Rules 17-29) provide lawyers with clear guidance on what it means to be a 'fit and proper' advocate in court? In your response to this question, provide an explanation of the key requirements set out in the ASCRs. Applying His Honour's statement above, are law students who engage in academic misconduct 'fit and proper' persons to be admitted to the legal profession? Why/why not? In your response to this question, you must refer to key sections of the Legal Profession Uniform Law (NSW), but you can also refer to the legislation of your "home" jurisdiction if you would like (please make sure any legislation is properly referenced so your marker can find it) You must provide a reference to any materials to which you refer - however, you are not expected to adopt the formality of footnotes. For instance, you can refer to 'Rule 3 ASCR', 's 172 LPUL', or 'Parker & Evans, 77'. How long it will take
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