How to Ask Great Questions -

Consider the following
questions raised in the
common facts:
1. (a) Has Moody or
Saunders given an
undertaking that would be
personally binding on
them?
Consider the following
questions raised in the
common facts:
1. (a) Has Moody or
Saunders given an
undertaking that would be
personally binding on
them?

Consider the following
questions raised in the
common facts:
1. (a) Has Moody or
Saunders given an
undertaking that would be
personally binding on
them?
Consider the following
questions raised in the
common facts:
1. (a) Has Moody or
Saunders given an
undertaking that would be
personally binding on
them?

Consider the following
questions raised in the
common facts:
1. (a) Has Moody or
Saunders given an
undertaking that would be
personally binding on
them?
Consider the common facts.
1.
(a)Has Moody or Saunders given an undertaking that would be personally binding onthem?
Yes. Moody and Saunders both made a promise that was personally binding on them. In the course of their
legal practise, a solicitor's undertaking is a promise to another solicitor to do or refrain from doing anything.
Not every guarantee that something will be completed, will be completed by a certain date, or will not be
completed at all constitutes an undertaking. The court's inherent authority to enforce an agreement is
enhanced by its right to require honourable conduct from its own personnel. The objective phrasing of the
words employed, considering context and audience, will establish if a commitment has been made.
(b)If so, specifically indicate what Moody or Saunders has undertaken to do?
Moody has committed to delete the offensive Facebook postings within two days after receiving money.
Saunders agrees on behalf of his client to deposit $25,000 within two days into Moody's trust account.
(c)What authority do you rely on for your reasoning?
Undertakings by Employed Lawyers: Court's judgement in Keppiecase of the Australian Capital Territory; An
employed lawyer may offer an undertaking and become personally accountable for its fulfilment.In the case
of Vincent Cofini, the court determined that a solicitor's promise constitutes a commitment to which the
receiver has the right to reply depending on the circumstances. The objective of the endeavour is to enable
legal operations to continue. The commitment is personal and binds the attorney.In this situation, Moody's
commitment to erase the postings is meant to expedite the collection of the debt. In a similar fashion,

Saunders indicated that he would deposit the $1,000 to delete the offensive Facebook post. Saunders and
Moody both relied on the other's word.
2.
They might be guilty of professional misconduct or behaviour unbecoming of a professional. According to
s298 of the legal profession uniform legislation, a violation of the legal Profession Uniform Law, has the
potential to result in unsatisfactory professional conduct or professional misconduct.According to the legal
Profession Uniform Legislation, a solicitor who has given an undertaking in the course of legal practise must
honour it and guarantee its timely and effective fulfilment. It would be a violation of r6 of the ASCR if these
attorneys failed to comply with the requirement. As a consequence, they have participated in professional
misconduct or deficient professional behaviour.
3.
According to r6.2 of ASCR, a solicitor may not request an undertaking from another solicitor if the
undertaking requires the collaboration of a third person who is not a party to the undertaking. In usual cases,
both attorneys have received an undertaking from a third attorney without the approval of their clients.
Therefore, need the participation of a customer who is not a participant in the attempt. The money must be
deposited by the customer of Saunders, and the offending postings must be withdrawn by the client of
Moody.
4.
According to r4 of ASCR, a solicitor shall be honest and polite in all transactions conducted in the course of
his or her legal practise. The communication Moody used in the phone conversation, "your client may
believe it's okay to muck...", and the language Saunders used in emails, "pretty bad"," lied in court," all
indicate that Moody and Saunders acted in an unprofessional way over the course of their legal
careers.Under r32 of ASCR, a solicitor may not make an allegation of unsatisfactory professional conduct or
professional misconduct against another Legal Practitioner unless the allegation is made in good faith and
the solicitor has reasonable grounds to believe that the available evidence will provide a sufficient basis for
the allegation. If a civil obligation to the attorney's client is not satisfied, the attorney may not threaten
criminal or disciplinary action against the other party. In this circumstance, Moody failed to honour his
commitments. Moody and his client have been warned by Saunders with disciplinary action. She violated
r34.1.2 of ASCR.
5.
In accordance with s267 of the Legal Profession Uniform Law, a complaint is filed with or by the appropriate
local regulatory body, the Legal Services Commissioner.
6.
(a)does that lawyer have to disclose that conviction?
Yes, an attorney is permitted to notify their conviction to the Designated Local Regulatory Authority. r65A of
the Uniform General Rules authorises local regulatory agencies to exclude some people for reasonable

grounds. According to s88 of the Legal Profession Uniform Law, the holder of a certificate must provide the
Designated Local Regulatory Authority with a written notice stating that a present cause event has occurred,
as well as a written statement explaining why the holder believes he is still qualified to hold a certificate.
According to s43 of ASCR, a lawyer must be honest and forthright in his dealings with authorities. Eventually,
the attorney must state that he has been convicted of a tax offence.
(b)can the lawyer retain their practice certificate?
The governing body deems the attorney suitable to hold a certificate. Nevertheless, under Legal Profession
Uniform Law, s89(2), if the holder fails to provide the required statement, or if the designated local
regulatory authority believes that the lawyer is unfit to hold a certificate, or if the lawyer fails to comply with
an investigation requirement, the certificate may be varied, suspended, or cancelled. In accordance with
s89(3) of the Legal Profession Uniform Legislation, a lawyer may retain their practising licence provided the
designated local regulating body deems them to be a fit and suitable person. Depending on the particular
circumstances, a discretionary requirement may be applied.
File Note
Date: 17/Aug/2022
Start
time:
9am
Units: 5
End
time:
9:30am
Matter: Undertakings of Moody and
Saunders
Matter
number:
12345
Type of
attendance: Telephone conference
Telephone: [phone] Where:
Zoom
Other:
By whom: Martin Moody
On
whom:Megan
Saunders
Details
 Saunders agrees on behalf of her client, to deposit the amount of $25,000 into my trust
account within two days.
 My bank account has already been credited with the cash.

 I will erase the offensive Facebook postings from both my own and my client's Facebook
sites.
 I am now working to get my client to delete the offensive Facebook postings from her
Facebook profile.
Next steps:
 Saunders will notify her customer to transfer $7,000 to
Peter's Account.
 Moody has chosen to delete the Facebook postings.
 Moody will notify Suzan Peter of the funds paid into her
bank account and suggest that she delete the
Facebook postings.
By whom:
Xiaoou Zhao