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You are a legal officer with the Legal Practitioners Unit (LPU) of Pasifika. You have been approached by Merry Hibiscus, who has come to file

You are a legal officer with the Legal Practitioners Unit (LPU) of Pasifika. You have been approached by Merry Hibiscus, who has come to file a complaint against her lawyer and wants him investigated for unprofessional behavior. She tells you that she had engaged a lawyer for a Defamation case a few months ago and her lawyer was Thomas Williams from the firm Equity and Justice Lawyers. She had approached the lawyer Mr Thomas Williams as she wanted to sue her sons boarding school (namely Pasifika High School of Excellence) for posting a video of her then 17yr old son bullying and humiliating some junior boys who were also attending the prominent school. The video was widely viewed with over 89,000 views and re - posted about 12,000 times on FaceBook. The original post came from the official web page of the school. The video was used as an example of behavior that is not entertained by the boarding school. While all the students faces are blurred out, the face of Hibiscus' son was not and there has been a lot of hateful comments about her son online since. After a positive meeting with Mr Thomas Williams at the firm, her lawyer told her he would liaise with the management of the School as well as the Ministry of Education to see if an apology could be issued. Hibiscus was grateful for this, and told her lawyer that because the video was going viral, she also wanted the school to take down the video as it was affecting her son who had graduated out of the school 2yrs ago and was now a USP student. The bullying incident had been dealt with in 2022 and only resurfaced due to the viral video. Fully trusting her lawyer, Hibiscus was quoted legal fees of $15,000 for all legal services, and so a deposit of $2,000 was paid. She was also told the whole process would take about 12mths to finalize as the school was clearly at fault, so taking down the video and getting an apology and damages would be easy. After 1 month Hibiscus had received no updates or paperwork from her lawyers regarding the case, so she approached the law firm to see what was going on but was told her lawyer was very busy and could not meet her. Hibiscus says she went another three times to the law firm over a 2 month period to try to get an update on her defamation case, but each time she went to Equity and Justice Lawyers she was told her lawyer Mr Williams was too busy to see her or that he had just left the office and they did not know when he would be back. Frustrated, Hibiscus wrote the law firm an email saying that it was now 3mths since she had paid legal fees and as she had no updates or information from her lawyer, she wanted to withdraw her instructions to the law firm and would engage another lawyer. Hibiscus waited a week, but when she received no reply from the firm or her lawyer Thomas Williams she approached Ross and Spectre Lawyers for help. At the new law firm, she gave the lawyers the same instructions about the defamation case and viral video and within a week her new lawyer Tarau Swiftly said that when she did a quick internet search of the school, she found out that Thomas Williams was an Old Boy of the school, having graduated from Pasifika High in 1992. He was also a board member of the school. In fact on the schools Face Book page, there was a photo from 2019 showing the lawyer Thomas Williams receiving a bank cheque as a school Board Member, for rugby equipment which was money raised by the old boys network. Confused and frustrated, Hibiscus went back to Equity and Justice Lawyers to confront her previous lawyer and was again told that Thomas Williams was not available. Not willing to let this go, Hibiscus sent a lengthy email to her former lawyer saying that she felt she had been cheated as she had paid for legal services but nothing had been done. This time Hibiscus got an email reply from Thomas Williams that same day, saying that he has done some extensive legal research and is of the opinion that she does not have an arguable case for defamation. His email outlined how sorry he was that her sons situation was not an actionable defamation case, because the law and case precedents were against her until the law changed to recognize social media posts as defamatory. He concluded by asking if Hibiscus could please clear the outstanding legal fees of $3000 that was still owed. He explained that the firm would only bill her $5,000 for the initial interview and for all the legal research done, and to rest assured that the quoted $15,000 fee was reduced as the case did not go to Court. He did not issue an itemized Bill of Cost to explain the $5000 legal fees. In disbelief Hibiscus printed out the email as she was determined to sue Mr Thomas Williams and hislaw firm and wanted her new lawyer Ms Swiftly to read the emails. Only when she read the printed out email did she realize that within the chain of emails was a conversation between several lawyers outside of the firm. It was clear her previous lawyer had forwarded Hibiscus' email to other ex-scholars of Pasifika High who worked in the legal field, and was warning them that a client may be suing their old school and that they needed to brain storm ways to protect the reputation of the school and perhaps discourage the client from taking the case further. Hibiscus took all this information to Ms Swiftly, and she advised her that what Thomas Williams has done is unethical and that she should go and file an official complaint with the Legal Practitioners Unit. Ms Swiftly also suggested she may have been over-billed, as these type of civil cases should only be about $500 or $800 at the most for any preliminary work or discussions that may have taken place so far, as no actual Court documents had been drafted as yet. Question: You are the legal officer at the Legal Practitioners Unit (LPU) that received this complaint. Draft a letter from the LPU to the Chief Registrar informing her of any ethical breaches the lawyer has committed as well as if he can be charged with anything under the jurisdiction of Fiji and apply the relevant law. You need to: Describe the contraventions of legal ethics, identify any unethical behavior; Identify the relevant Act, regulation, common law principle or case law that would be applicable; Explain in your letter what charges the Chief Registrar can file as well as outline what evidence will be needed to prove the case in Court for each allegation. Note: - Use Legal Practitioners Act 2009 of Fiji, Crimes Act 2009 of Fiji or any other relevant legislation from Fiji for this assignment. - Analyze the facts by referring to relevant legislation, Code of Ethics and case laws.

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