Nola is a barrister at the private Bar in Brisbane, with a busy civil law practice focussed on commercial and contract disputes, high level insurance advice, professional negligence and regulation, and insolvency. Before coming to the Bar in 2018, she already had nearly 20 years’ experience as a solicitor practising in those areas in various mid- and top-tier firms. She has been listed in The Best Lawyers in Australia TM for Professional Malpractice Litigation since 2021 through to the recent 2024 edition. She is a past Chair of the Queensland Law Society’s Ethics Committee and has been credited for her role in drafting the first edition commentary to the Australian Solicitors’ Conduct Rules. Nola loves rescue dogs and hiking solo in green spaces.
About the Webinar
In 2021, The Honourable Justice Dixon handed down his decision in the Banksia case with what some have described as the most scathing descriptions of unethical conduct of lawyers in living memory. The conduct of the lawyers in question was described as one of the darkest chapters in legal history. The case will, no doubt, serve as a reminder of the ethical obligations lawyers in civil litigation owe and how dire the consequences of failing to discharge those obligations can be. This session will dissect the Banksia decision from an ethics perspective and focus on the key ethical lessons to be learned from the decision including:
- Discussion of the ethical obligations stemming from the Civil Procedure Act and consequences of breaching those duties;
- Exploring the roles and actions of each individual lawyer in the case (including conduct identified as ‘egregious’) and how each lawyer should have acted/responded at key pivotal moments to avoid breaching their duty;
- Discuss at what point the unethical conduct of the lawyers concerned may have crossed into realm of criminal behaviour, when the conduct should have been picked up and what to do if you suspect such conduct in a matter; and
- Flag potential ethical issues which can arise for firms of any size when dealing with litigation lending funds and tips for implementing safeguards.
Nola PearceBarrister, Brisbane, QLD
Who Should Attend?
This webinar is suitable for lawyers - Australia wide.
Lawyers can claim 1 CPD unit - Ethics
WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]