Recorded Webinar: Avoiding a Repeat of the Darkest Chapter: The Ethical Lessons to be Learned from Banksia (Ethics)

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.