Legal Research Report: Unsatisfactory Professional Conduct Case

This report presents a legal research analysis of a case involving unsatisfactory professional conduct by a solicitor, Ms. Ellen Parker. The report examines the facts of the case, where Ms. Parker is accused of breaching professional conduct rules related to confidentiality and non-disclosure, as well as failing to inform her client of all possible legal options. The analysis delves into the issues of document tampering, omissions of crucial information, and the solicitor's communication with opposing parties. The report references relevant laws, including the Australian Solicitors Conduct Rules (ASCR), and provides an email to the solicitor and a formal letter to the client addressing the ethical violations. The conclusion emphasizes the importance of ethical and professional standards for lawyers and recommends disciplinary action for Ms. Parker's conduct. The report includes an executive summary, introduction, facts, issues, application/analysis, relevant law, conclusion, and bibliography.

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Name:
Course
Professor’s name
University name
City, State
Date of submission

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Table of Contents
Task 1: Draft Research Report...............................................................................................2
Executive Summary...............................................................................................................2
Introduction............................................................................................................................2
Facts........................................................................................................................................2
Issues......................................................................................................................................3
Application / Analysis............................................................................................................3
Law.........................................................................................................................................3
Conclusion..............................................................................................................................4
Task 2: Email to Solicitor........................................................................................................4
Task 3: Final Research Report...............................................................................................5
Formal letter to the client........................................................................................................5
Bibliography.............................................................................................................................6

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Task 1: Draft Research Report
Executive Summary
This is a draft research on the professional conduct of a legal representative. Unsatisfactory
professional conduct is an act occurring in connection with law practice and falls short of the
standard of conduct, diligence and competence that a client is entitled to have and expect in a
competent lawyer. Unsatisfactory professional conduct may include; poor representation and
advice; minor breach in practice rules in respect to confidentiality, cost non-disclosure, delays
in execution and failure to completely be compliant with the undertaking. 1
Introduction
The case is between Mr. Charles Wan who is being sued for an outstanding debt he has not
paid. He sought the services of a solicitor Ms. Ellen Parker who is employed in a law firm
called Weekes and Simon Lawyers. This is a case of unsatisfactory professional conduct
where a lawyer breaches the practice rules in respect to confidentiality and non-disclosure
with other parties.2
Facts
The case is between Mr. Charles Wan who is being sued for an outstanding debt he has not
paid. He sought the services of a solicitor Ms. Ellen Parker. Mr. wan and Ms. Parker client
failed to inform her of the alternatives of a fully contested adjudication of the proceedings in
court. The alternatives were available and were reasonable. During the preceding of the case,
Ms. Parker communicated directly with the Credit Services Pty Ltd senior employees to
arrange a meeting with the senior employee on matters that affect the case. Mr. Wan has
omitted some of the crucial documents and Ms. Ellen is aware of that fact. He is not in any
1 Huang, P. H. (2015). How improving decision-making and mindfulness can improve legal ethics and
professionalism. JL Bus. & Ethics, 21, 35.
2 Baron, P., & Corbin, L. (2017). The unprofessional professional: do lawyers need rules?. Legal
Ethics, 20(2), 155-173.

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way inclined to correct the omissions by including the omitted documents.3 Mr. wan through
his solicitor, Patrick and Associates have written a letter to Ms. Parker regarding her actions.
They intend to bring her actions to NSW Office attention and the legal services
commissioner. 4
Issues
The issues in this case is the unsatisfactory professional conduct where a lawyer breaches the
practice rules in respect to confidentiality and non-disclosure with other parties.
Application / Analysis
Document tampering is a great issue in professional legal proceeding. Non- disclosure of
important information sworn under affidavit is also a criminal offence. The case has the
solicitor engaging in an unsatisfactory professional conduct on behalf of her client while also
trying to do her work. Mr. wan is also liable of omission of important documents that are
crucial to the case.
Law
The law prohibits any unprofessional or unethical conduct by lawyers and legal practitioners.
Ms. Ellen may have to be reprimanded by the NSW Office of legal services commissioner for
her actions and misconduct in the case. She breached Rule 4 of ASCR; On fundamental
ethical Issues; Rule 9 of ASCR on confidentiality and rule 22 of ASCR on communication
with opponent.
Conclusion
The law is very clear on the standards and practices of lawyers which should be ethical and
professional. Ms. Parker should be punished for her unethical and unprofessional conduct in
3 Huang, P. H. (2015). How improving decision-making and mindfulness can improve legal ethics and
professionalism. JL Bus. & Ethics, 21, 35.
4 Parent, R., & Parent, C. (2018). Ethics and Canadian law enforcement. Canadian Scholars’ Press.25

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breaching s the practice rules in respect to confidentiality and non-disclosure with other
parties.
Task 2: Email to Solicitor
From: Patrick Mahomet
To: Leslie Costello
Re: Professional Conduct of one of your employees
This is in regards to the professional conduct of one of your employees in the law firm , Ms.
Ellen Parker. It is hereby brought to our attention of her unprofessional conduct in the case of
Mr. Charles Wan Vs. Credit Services Pty Ltd. The law is very clear on the standards and
practices of lawyers which should be ethical and professional. Ms. Parker should be punished
for her unethical and unprofessional conduct in breaching s the practice rules in respect to
confidentiality and non-disclosure with other parties.5
Please also see the attached Feedback I have drafted from Leslie Costello, in addition to the
Feedback I have provided on this form.
Yours Faithful
Patrick and Associates.
Task 3: Final Research Report
Based on the facts of the case, Mr. Wan and Ms. Ellen Parker have done wrong. However, it
is the unprofessional conduct of Mr. Ellen that is more conscious in this case and should
5 Terec-Vlad, L., Trifu, A., & Terec-Vlad, D. (2015). The decisional moment and ethics. Ecoforum
Journal, 4(1), 11.

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warrant a fair trial and disciplinary action. Her conduct in breach of Rule 4 of ASCR; on
fundamental ethical Issues; Rule 9 of ASCR on confidentiality and rule 22 of ASCR on
communication with opponent is evident in this case.6 She should be punished and be an
example for other legal minds who engage in such activities. Unsatisfactory professional
conduct is an act occurring in connection with law practice and falls short of the standard of
conduct, diligence and competence that a client is entitled to have and expect in a competent
lawyer. Unsatisfactory professional conduct may include; poor representation and advice;
minor breach in practice rules in respect to confidentiality, cost non-disclosure, delays in
execution and failure to completely be compliant with the undertaking.
The case is between Mr. Charles Wan who is being sued for an outstanding debt he has not
paid. He sought the services of a solicitor Ms. Ellen Parker who is employed in a law firm
called Weekes and Simon Lawyers. This is a case of unsatisfactory professional conduct
where a lawyer breaches the practice rules in respect to confidentiality and non-disclosure
with other parties.
The case is between Mr. Charles Wan who is being sued for an outstanding debt he has not
paid. He sought the services of a solicitor Ms. Ellen Parker. Mr. wan and Ms. Parker client
failed to inform her of the alternatives of a fully contested adjudication of the proceedings in
court. The alternatives were available and were reasonable. During the preceding of the case,
Ms. Parker communicated directly with the Credit Services Pty Ltd senior employees to
arrange a meeting with the senior employee on matters that affect the case.
Formal letter to the client
To Mr. Charles Wan
6 Wheeler, A. M., & Bertram, B. (2019). The counselor and the law: A guide to legal and ethical
practice. John Wiley & Sons.

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From
Patrick Mahomes
Patrick and Associates
18th juky 2019
Re: Professional Conduct in Representaion
It has come to our attention that some of the documents sworn under affidavit were not fully
disclosed. We would like to cartegorically state that it is wrong in every bit to intentionally
not disclose some items. They are relevant in the case.
However, it is the unprofessional conduct of Mr. Ellen that is more conscious in this case and
should warrant a fair trial and disciplinary action.
Your faithfully
Patrick
Bibliography
Baron, P., & Corbin, L. (2017). The unprofessional professional: do lawyers need
rules?. Legal Ethics, 20(2), 155-173.
Huang, P. H. (2015). How improving decision-making and mindfulness can improve legal
ethics and professionalism. JL Bus. & Ethics, 21, 35.

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Parent, R., & Parent, C. (2018). Ethics and Canadian law enforcement. Canadian Scholars’
Press.
Terec-Vlad, L., Trifu, A., & Terec-Vlad, D. (2015). The decisional moment and
ethics. Ecoforum Journal, 4(1), 11.
Wheeler, A. M., & Bertram, B. (2019). The counselor and the law: A guide to legal and
ethical practice. John Wiley & Sons.