Goneril is a legal practitioner and the principal solicitor of Albany Law. Regan is an employee solicitor of the practice. Regan is relatively new at Albany Law, having previously worked at another law practice, Cornwall Legal. Albany Law is a general practice firm, predominantly in estate matters, probate and conveyancing. 2. Cordelia is Goneril's cousin. Cordelia and Goneril grew up togetheras their families were close. 3. Cordelia and Edmundwere friends from high school. They ran a small business together for a few years. They incorporated a company named Burgundy Pty Ltd (Burgundy). They are both directors and the only shareholders. Cordelia managed the company's operations while Edmund handled the company's accounts and finances. 4. Cordelia and Edmund had a falling-out and Burgundy is now dormant. Cordeliabelieves that Edmund may have "fiddled with the accounts" and misappropriated up to $200,000 from the company. Edmund has been ignoring Cordelia's requests for a full account of the company's finances. 5. One Friday evening Cordeliagoes to see Goneril at her home. She is in tears. She has received a letter from Edmund's solicitors, Cornwall Legal, accusing her of stalking and harassing Edmund. The letter threatens legal action if she does not "immediately desist" from such acts. 6. Cordelia seeks Goneril's assistance to respond to Cornwall Legal and to initiate legal action against Edmund for an account of Burgundy's finances. She hands to Goneril whatever documents relating to Burgundy that she has in her possession. 7. Initially Gonerildeclines Cordelia's request. She informs Cordeliathat she does not have much experience in corporate and commercial law, which seem to be the areas involved. She offers to look for a practitioner with the appropriate experience and expertise. 8. Cordelia implores Gonerilfor help as she cannot afford to engage a private lawyer. She tells Gonerilthat Edmund's claims of stalking and harassment are spurious and designed to deter her from taking any action to hold him accountable for Burgundy's finances. Being very fond of Cordelia and moved by her distress, Gonerilreluctantly agrees to hear Cordeliaout, although it is against her own better judgment. 9. Goneril spends the rest of the evening discussing with Cordelia and looking through her documents. At close to midnight, Goneriltells Cordelia to go home and to come into her office the following Monday. She tells Cordelia she will continue to go through the documents over the weekend. 10. On Monday morning Cordeliagoes to Goneril's office. By then, Gonerilhas formed an opinion. She informs Cordelia that in her considered opinion, Edmund's allegations of stalking and harassment are baseless or at least highly improbable, and will probably fail if taken to court. Goneriltells Cordelia that she thinks the letter is an empty threat. With regard to Cordelia's belief that Edmund has misappropriated money from Burgundy, she is unsure but doubts whether Cordeliahas any basis for taking legal action against Edmund. She remarks that the documents do not seem to support Cordelia's claim regarding Edmund's alleged misappropriation of company funds. In Goneril's view, none of the documents provided by Cordelia constitutes a "smoking gun" against Edmund. 2 11. Goneril does not go into detail as Cordelia is still distraught and she believes that Cordeliawill not be able to understand the finer legal points of her considered view. Therefore, Gonerilsimply suggests toCordelia to just ignore the letter and write off the business. Besides, Gonerilthinks that it is in Cordelia's own interests to move on and put the whole matter with Edmundbehind her. 12. To Goneril's surprise, Cordelia dries her tears and firmly refuses to accept her suggestion. Cordelia tells Gonerilthat she wants her to respond to the letter from Cornwall Legal and to initiate proceedings against Edmund. Cordelia tells Goneril in no uncertain terms that she "will not take this matter lying down" and that Edmund "will rue the day he crosses" her. Cordelia adds that her aunt (Goneril's mother) will take a dim view of Goneril's suggestion. 13. Wishing to avoid a scolding or even worse, protracted nagging from her mother, Gonerilresigns herself to her fate and grudgingly says to Cordelia, "Fine, leave it with me, I'll do whatever". Cordeliagives Goneril a hug, whispering, "Thanks, dear cousin, I know I can count on you". She then sashays out of Goneril's office and leaves. 14. On Tuesday morning Goneril replies to Cornwall Legal refuting Edmund's allegations against Cordelia of stalking and harassment. The letter also demands from Edmund a full account of Burgundy's finances, stating, "Our client believes that your client has misappropriated up to $200,000 from Burgundy Pty Ltd and will not hesitate to commence legal proceedings if full restitution is not made." Goneril emails to Cordelia a copy of her reply to keep her informed of progress. 15. On Friday the same week, Goneril receives a reply from Cornwall Legal denying that Edmund had misappropriated any money from Burgundy, reiterating Edmund's previous allegations of stalking and harassment against Cordelia and threatening legal action. Goneril calls Cordelia and requests that she attend at her office the following week to give further instructions. 16. Meantime, Goneril drafts a Writ and Statement of Claim for Cordelia's claim against Edmund, together with the "overarching obligations" and "proper basis"certificates pursuant to rules 4.09 and 4.10 of the County Court Civil Procedure Rules 2018. 17. When Cordelia attends at her office on Tuesday the following week, Goneril asks her whether she is sure that she wants to proceed against Edmund. Goneril reiterates her view that she does not think Cordelia has a good case against Edmund over Burgundy's finances. However, Cordelia maintains that she wants to proceed against Edmund and asks Goneril about costs. Goneriltells Cordelia that it will cost "a fair bit, more than $10,000 probably,to run the case" but that they may discuss the costs arrangements later. 18. Goneril asks Cordelia to confirm the contents of the Statement of Claim. Cordelia goes through the document and confirms that it is accurate. Gonerilthen asks Cordelia to sign the "overarching obligations" certificate, telling her that it is "one of those formalities". There is no discussion about what the certificate means. Cordelia signs the certificate without any questions and leaves. 19. Goneril signs the Writ, the Statement of Claim and the "proper basis"certificate. She files them in court on Wednesday together with the "overarching obligations"certificate signed by Cordeliaearlier. She confirms with Cornwall Legalthat they have instructions to accept service on Edmund's behalf and sends copies of these documents to them by way of service. Goneril also emails to Cordelia copies of these documents with a brief note explaining that legal proceedings have been commenced against Edmund as instructed by her. 20. Having taken action on Cordelia's behalf within 2 weeks of Cordelia consulting her, Goneril feels relieved and believes that she is safe from any reproach from her mother.

Q.1) Discuss whether rules 7.1, 7.2 and 17.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 have been contravened by Goneril. You must explain with reference to the elements of each rule and sub-rule, and relate Goneril's conduct to the respective duties in question. (10 marks)

Q.2) With reference to a relevant case, discuss whether Goneril should have accepted a retainer from Cordelia. Further, discuss whether Goneril's conduct in deciding to act for Cordelia may be criticised. (10 marks)