Lawyers' Professional Responsibility

The book "Lawyers' Professional Responsibility" by Gino Evan Dal Pont is a comprehensive treatise on the legal and professional obligations of lawyers in Australia. Here is a detailed overview of the book, including its key themes, structure, and critical reception:

Key Themes

1. Professional Responsibility: The book explores the concept of professional responsibility in the legal profession, including the ethical standards and duties that lawyers must adhere to.
2. Client Duties: It delves into the various duties that lawyers have towards their clients, such as confidentiality, legal professional privilege, and the duty to account.
3. Conflict of Interest: The book examines conflicts of interest, including concurrent conflicts and acting against former clients.
4. Costs and Fees: It covers the disclosure of costs, costs agreements, and the recovery of costs from clients.
5. Administration of Justice: The book discusses the duty of lawyers to the administration of justice, including their obligations to the court and upholding the law.
6. Conduct of Practice: It addresses the conduct of practice, relations with the profession and third parties, and undertakings.
7. Discipline of Lawyers: The book covers the disciplinary jurisdiction, procedures, and types of misconduct.

Structure

The book is divided into six parts:

1. Introduction:

   • Chapter 1: The Concept of Professional Responsibility
   • Chapter 2: Admission to Practice
   • Chapter 3: The Lawyer–Client Relationship

2. Lawyers’ Duty to the Client:

   • Chapter 4: Duties to the Client and their Enforcement
   • Chapter 5: Lawyers’ Duty to Clients in Tort
   • Chapter 6: Lawyer–Client Conflict and Influence
   • Chapter 7: Concurrent Conflicts
   • Chapter 8: Acting against Former Clients
   • Chapter 9: Duty to Account
   • Chapter 10: Confidentiality
   • Chapter 11: Legal Professional Privilege
   • Chapter 12: Privilege in Aid of Settlement
   • Chapter 13: Employed (In-house) Lawyers

3. Costs:

   • Chapter 14: Costs Disclosure and Costs Agreements
   • Chapter 15: Recovery of Costs from Clients
   • Chapter 16: Solicitors’ Liens

4. Lawyers’ Duty to the Administration of Justice:

   • Chapter 17: Duty to the Court
   • Chapter 18: Particular Applications of the Duty to the Administration of Justice
   • Chapter 19: Duty to Obey and Uphold the Law

5. Other Lawyer Responsibilities:

   • Chapter 20: Conduct of Practice
   • Chapter 21: Relations with the Profession and Third Parties
   • Chapter 22: Undertakings

6. Discipline of Lawyers:

   • Chapter 23: The Disciplinary Jurisdiction
   • Chapter 24: Disciplinary Procedures
   • Chapter 25: Types of Misconduct

Critical Reception

The book is widely regarded as a comprehensive and authoritative resource on lawyers' professional responsibility in Australia. It is praised for its detailed footnoting of relevant provisions and rules in each Australian jurisdiction, making it a valuable tool for both students and practitioners.

The seventh edition includes comparative coverage from major common law jurisdictions, such as the United States, Canada, the United Kingdom, New Zealand, Hong Kong, and Singapore, which enhances its utility for international legal professionals.

While specific reviews are not provided in the sources, the book's reputation and usage suggest that it is highly regarded within the legal community for its thorough treatment of the subject matter.

Availability

The book is available in paperback and can be purchased through various online retailers, including Booktopia, where it is listed at $163.25 AUD with a recommended retail price of $190.00 AUD.