Legal Communication and Ethical Decision-Making: Harry's Report

This report provides a comprehensive analysis of ethical breaches committed by a solicitor named Harry, based on three different client cases. The report examines Harry's handling of the Liam Mayne, Sally Field, and Louis Thompson cases, evaluating his adherence to legal ethics and professional ...Read More

LEGAL COMMUNICATION
AND ETHICAL DECISION
MAKING
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TABLE OF CONTENTS
Contents
LETTER OF ADVICE....................................................................................................................3
Reflection of issue...........................................................................................................................4
Liam Mayne case.........................................................................................................................4
Sally field case.............................................................................................................................5
Louis Thompson case..................................................................................................................6
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LETTER OF ADVICE
Date: 5 June, 2021
Dear Harry,
Legal advice regarding the issues that you are facing with the cases of the clients. The
client name liam Mayne who wants to sale its town house in the Melbourne and Liam has settled
the $70000 to the Harry by the settlement monies in their trust account to the Horne Accounting
Pvt. Ltd. , later you paid the accounting fees that you held from the trust monies and transfer
into the Horne Accounting Pty ltd bank account. Another client was Sally who want some of the
part of her mother will and want some of the money and her brother refuses to do s and need
whole will and testaments himself and you file the case. The notice is come twice for the hearing
that is to be heard by the Justice Zayn. You are so busy with the work that you forget to tell Sally
about the hearing and don’t went to the court on the date of the hearing and the judge was not
impressed and tell the next date for the hearing. But also the second time you forget to tell the
Sally and don’t went for the hearing. Because of this the Justice Zayn stuck out from the case
and ordered to pay her brother of the plaintiff pay in the sum of $7,000. The next client is Louis
Thompson who is misleads with the conduct in the matter of commercial lease. The trail will
took place for the 3 days and on the second day Louis is called as witness by the Mr Malik who
is opponent lawyer and the cross questing is done and will continue on the next day as well.
Louis want to solve the case as soon as possible as for that after the discussion with you he called
to the Krystal for the resolve the matter before the next day trial but she refused.
Thank you for coming to a meeting at our office on 15th May, 2021 for discussion of legal
issues that whether he is liable to any breaches of the ethical obligations while practising as an
Australian Legal Practitioner working as a solicitor in Victoria. From the previous discussion it
has been identified that in his case with, Liam Mayne, who is a property developer, he is not
liable for any kind of breach or ethical issue because his client Liam himself had asked Harry to
take legal costs for this sale matter from the settlement monies. Liam had also confirmed this in
written by sending an email to harry. In his second case discussion held on 15th May, 2021 about
another client Sally Field. In this case Harry did miss first two hearing dates and forget to inform
Sallay about the same. You did take Wills and Estates law despite of the fact that you do not take
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such cases but if you had taken this case only to help your sister’s best fiend then you should
have been aware of the hearing date and should have informed Sallay about the same. Even if he
had forgotten to inform Sally then at least you should have remembered the second hearing date
and shown up to the court. In your third case with Louis Thompson, you directly contacted other
applicant Krystal directly outside court without even thinking that it is not allowed to directly or
indirectly communicate to another lawyer’s client util and unless you had consult of other
lawyer. In this case you had breached an ethical and legal obligation. Not only this, you
contacted, directly outside court that too at 9 PM which is completely unethical.
In terms of all the three cases discussed with you our advice to you can be summarized
that in case of Liam you did not have any kind of ethical obligation because Liam himself asked
you to answer money and confirmed the same in written as well. In this case you were ethically
correct as you were honest in dealing with legal practise. But on the other hand, in case of Sally
you are liable for Dishonest and disreputable conduct according to Legal profession Uniform
Law Australian Solicitor’s Conduct Rules, 2015. You should not have engaged in directly
communicating with other Solicitor’s client directly in his absence without his permission. It is a
fundamental duty of a Solicitor that they should not seek or communicate to another Solicitor or
their employees or client. This require cooperation of a third party who is not a part of that case.
In this case as well you are liable to breach of fundamental duties of Solicitor under Legal
profession Uniform Law Australian Solicitor’s Conduct Rules, 2015. If overall advice is
summarized then you can write an Legal Apology Letter in which you own your mistake and
show that you are willing to take responsibility for breach of this ethical obligation and ask for
forgiveness.
We have explained out advices in detail below for all the cases:
Reflection of issue
Liam Mayne case.
Relevant fact about the Liam Mayne according to the IRAC problem solving method are: in
this case you have use the best way to sale the town house of the client and there is no legal and
the ethical issue are to be raised on you as you have used the best way to solve the case
effectively. With the use of the Issue, rule, application and the conclusion solve the case
effectively and have the use the relevant skills to solve the case of the client. The legal issues and
the facts are to be used in an effective way so that the case and the issues of the clients are to be
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solved effectively. With the IRAC in the effective decision making helps to develop the most
effective and the flexibility in the decisions. By transferring the settlement money by the helding
the trust monies held into the Horne Accounting Pty Ltd. Bank account you done the excellent
work. Same case happens with one of the client name is Mathew who wants to sells house and
the purchaser paid the settlement monies of the $85000 into the Horne Lawyers trust account.
And he inform his lawyer once the settlement money is received to him through cleared from the
trust account so that he can give monies to the lawyer to take the legal cost of the sell matters
from the settlement of the monies. Then the settlement money is to be pay balancing in the
Mathew bank account. Then the Mathew laim the owned of the $85000 to the lawyer for the
settlement of the monies by transferring into the Horne Accounting Pty. Ltd bank ltd.
Sally field case
Relevant fact about the Sally Field according to the IRAC problem solving method are :
Sally field who wants some part from her mother will and some of the money and her brother is
refusing to do so and you file the case for it. The court gave the two dates of the hearing that is to
be heard by the Justice Zayn and you are fail in both the hearing. It is your ethical responsibility
to tell the client about the date for the hearing and it’s your responsibility to do so. This will
affected to the client and gave the wrong impression. It’s your legal responsibility to went to the
court on the date of the hearing as it affected to the court’s ethics and the laws. This will create
the dissatisfaction to the client and the Justice Zayn. From this case it will affected to your career
as well and you have to be responsible for the telling the Sally about the hearing date so that the
case is to be happened in the court in the front of the Justice Zayn and the decision is to be made
in favour or against of the sally. The IRAC is to be used so that with the effective use of the
skills you learned about the important dates and the materials. To thinking like a lawyer with the
MIRAT helps to easily remember the things, use the difficult levels of the sophistication and able
to recognise the important things. For example one girl Lisa who wants to be the part of her
parent property and money from her parents. Her brothers are refusing to share the properties
and the money with her as they wants to divide in between them only. After this Lisa files the
case in oppose to her brothers for the property. She hires the lawyer and the lawyer suit the case
in court and the hearing date is come but the lawyer forgets to tell the Lisa about the date and this
will create the disappointment to the judge and he sends the next hearing date to the lawyer but
once again he forgets to tell the Lisa and don’t went on the hearing date to the court once again
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the judge send the hearing date but once again lawyer is busy in some of the work and forget
then the judge will get dissatisfied and the case is to be plaintiff and her brothers get the
properties and the money.
Louis Thompson case
Relevant facts about Louis Thompson case according to IRAC problem-solving method
are: Krystal Jenner was client of another solicitor (Mr Malik), trial had already started and two
hearing of the same had already been completed, cross- examination of Lowis was required to be
continued next morning, during this period, Lowis was no way required to should have
contracted Krystal any way and even if his client wanted to resolve the settlement outside court
before trial begins then he should have contracted Mr Malik for the same. According to Legal
profession Uniform Law Australian Solicitor’s Conduct Rules, 2015, it is first and the foremost
duty of a Solicitor that they should not seek for advice or communicate outside court to another
Solicitor, their clients, employees or any other associate without cooperation of a third part who
is not in undertaking. As per this rule, you should not have contacted Krystal Jenner at odd hours
directly without consult of another Solicitor or permission of Judge Henry. As per the Legal
profession Uniform Law Australian Solicitor’s Conduct Rules, 2015. This communication done
by you has made you liable for an ethical obligation. In such case, you can write a legal apology
letter to anther solicitor if his client provide all the details about you making directly contact to
her at night. Writing a Legal Apology letter in which details about your ethical obligation,
owning you mistake and apologizing for the same should be written. You should further ask for
apology from the other Solicitor and his client for directly contracting hr in absence of other
Solicitor and admitting your fault that you were wrong and this ethical issue would not arise
again in future. A similar case like this occurred in past in which our client had communicated
with another Solicitor’s client but they effused to talk. In this case, other Solicitor directly sent a
notice to out Client for legal ethical obligation and their practise was suspended and removed
from the case. So, it is strongly advisable to you that you should write a legal apology letter to
another solicitor because there are many confidential information that should remain between a
Solicitor and their clients and communication of another Solicitor to their clients in their absence
can result in weakening of the case. In your case you tried to resolve the case before another trial
which directly means that chances of winning the case for another Solicitor would get reduced.
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Harry, you should have followed your client’s advice only in a legal and ethical manner even if
your client wanted an outside court settlement.
These are the three advices that we would like to give you and even though I you have
any kind of question or query then you can contact ABC on 123456789 (Ph. No.)
Kind regards,
ABC
Lawyer working at Conduct & Co
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