Task 4.1

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Western Sydney University *

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Law

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Feb 20, 2024

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Task 4.1 Question 1 a) Professional duty to the court and the administration of justice under rule 3 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 was breached by Mr Martinovic. In addition, under rule 4.1.1 he had a duty to act in the best interests of a client in any matter in which the solicitor represents the client was also breached by Mr Martinovic. Mr Martinovic was inexperienced, which breaches 7(f) and 7(g) of the Legal Profession Conduct Rules 2010 (WA). He had accepted to represent which was beyond his competence. He would be found to have also breached Rule 17 to avoid personal bias and Rule 21, which requires that a solicitor must be responsible in their use of the court process and privilege. b) This did not have an impact on the court’s decision. A practitioner who offers pro bono services does not have fewer obligations to the court and client due to inexperience. c) The court has the power to order personal costs against a practitioner in cases where the court finds that there has been an improper, unreasonable or negligent act or omission. If the court finds that is it unreasonable for the party to pay for the costs, this will be ordered against the practitioner. Question 2 a) I would not be able to assist Indira legally as my practising certificate has been restricted and unable to act independently as per rule 49 of LPUL. I am only able to act under supervised legal practice. I would be required to be covered by an approved insurance policy in order to act as a lawyer, as per Part 4.4 of the Legal Profession Uniform General Rules 2015. Usually, this would be provided by the law firm, which means acting independently would not be allowed. b) After 2 years of supervised practice, I would no longer be on a restricted practising certificate. However, I would be required to still get professional indemnity insurance for pro bono legal work through the Centre’s Pro Bono Professional Indemnity Insurance Scheme. c) Indira’s eligibility would be based on what the case is about (matter), whether the individual has the means to pay and the merits of the case (whether it is appropriate for legal aid to assist). Question 3 a) A social group that I would be interested in assisting and believe requires/deserves assistance is victims of domestic violence. I have an interest In this group because I feel empathy for victims who get taken advantage of by those closest to them and feel they have no one to assist them. There would be opportunities to represent these victims in pro bono
cases and assist them in separating from their abuser and getting financially stable. Question 4 a) There are communication barriers since Barry is only nodding and not communicating. He is struggling to speak or understand English. It would be important to consider getting an interpreter through the Aboriginal interpreter service since the client’s son is communicating with me directly, instead of the client. This may raise many issues, as I do not know if the son is interpreting the correct information. In addition, prolonged eye contact would be considered offensive in Aboriginal culture and it is a symbol of dishonesty. b) One possible conflict is that Timble might be a client of the firm. I will need to ensure that Timble was not a former or current client for the firm that I work for, as per sections 10 and 11 LPUL. If there is a potential conflict of interest, I will not be able to represent Barney. c) Yes, I will need to be supervised if allocated this matter since I do not have any experience in possession proceedings. This is required under Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 - REG 37.
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