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Rule 42.1.6.1 - Ethics for the Legal Profession

This seminar complies with Rule 42.1.6.1 Ethics and Professional Responsibility. The seminar will look at:

  • In terms of professional responsibility, is too much emphasis placed on the law?
  • Should you hold yourself out as an ethical lawyer?
  • Is it permissible to do the wrong thing for the right reason?
  • Is it permissible to do the right thing for the wrong reason?
  • Who says what is right and what is wrong?
  • The lawyer’s balancing act - the conflict of duties – is there a correct order?
  • The ethics of assertiveness
  • Confidentiality
  • Conflict of interest and duties
  • How communications cause problems
  • What to do about an ethical problem (yours or theirs)
  • Where unethical behaviour may lead you 

Presented on Wednesday 16 November 2011.

Written by:
Virginia Shirvington
 BA,LLB (Syd.)

Admitted as Solicitor of the Supreme Court of New South Wales 25 June 1976.

For most of her professional life Virginia's specific area of practice has been Ethics and Professional Responsibility for solicitors, coupled with experience as a solicitor in commercial, personal injury, family law and solicitors' disciplinary litigation.

Virginia's primary work at present is as a Legal Ethics Education Consultant providing Ethics education by way of presentations to practitioners on

  • the importance generally of ethical behaviour for lawyers, senior officers and administrative staff
  • ethical issues such as: conflict of interest; confidentiality; communications; the need for contrition; honesty; undertakings; and a variety of other ethical topics with specific emphasis on factual situations.

Between March 1992 and April 2006 Virginia was the Senior Ethics Solicitor at The Law Society of NSW heading a team of Ethics Solicitors advising the profession on common and difficult ethical dilemmas, writing policy guidelines, and providing Ethics education through authorship of a monthly Ethics column in the Law Society Journal between February 1994 and July 2006 and the presentation of ethics seminars, lectures and discussion groups. Thereafter her work was primarily devoted to lecturing at The College of Law, teaching Professional Responsibility in an on-line course for overseas practitioners seeking admission in NSW, in the Practical Legal Training course (face-to-face), in the Professional Program Online and presenting Ethics/Professional Responsibility components of the Legal Practice Management Course for practitioners qualifying for an unrestricted practising certificate and writing, reviewing and advising on Professional Responsibility Practice Papers.

Virginia writes regular reviews for the Law Society Journal of publications involving ethics generally as well as other topics.

Virginia was an expert witness on legal professional ethics in recent Supreme Court litigation.

Presented by Philip Chown
B Com, LLB (UNSW)
Lecturer & Solicitor

Philip Chown has over 20 years of in-house legal practice in Australian corporations including 17 years in the Commonwealth Bank. Practice experience in property, litigation, commercial, establishing & managing an in-house incorporated legal practice, trusts, managed investments, banking & finance and securitization. In 2007 he advised a client financial institution on its participation in a pilot trial of the Victorian electronic conveyancing system. Philip is also a trained accountant. In 2010 he extensively reviewed the Banking & Finance Practice Paper published annually by the College.

He currently conducts Negotiation and Dispute Resolution Workshops at the College of Law & lectures in the Legal Practice Management Course on Ethics. Philip also lectures in the Practical Legal Training Program and contributes to the College's new postgraduate applied law programs. He has previously served as a Councillor of the NSW Law Society (6yrs) and a director of the Australian Corporate Lawyers Association (7 yrs).

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