LLB105 Client Letter PDF

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Sarah McDonald – n10272682 – LLB105 Client Letter

1234 Adelaide Street BRISBANE QLD 4000

SULLIVAN & MOODY LAWYERS

Tel: (07) 3123 4567 E-mail: [email protected] Our ref: CO:YAN1234 20 October, 2018 Mr Jon Snow 1 Boundary Rd SPRING HILL QLD 4000 Dear Mr Snow,

RE: Advice regarding academic misconduct 1. YOUR INSTRUCTIONS I refer to our recent meeting on 5 October 2018 where you outlined your concerns relating to an incident of academic misconduct that arose as the result of an assignment submission you made as a first year law student. I confirm your instructions to provide advice regarding the impact of this misconduct on your admissibility as a lawyer in line with the Legal Profession Act 2007 (Qld), and whether you should disclose this misconduct in applying for admission. 2. WHAT PROCESS IS FOLLOWED IN ADMISSION TO THE LEGAL PROFESSION? Section 30 of the Legal Profession Act 2007 (Qld) (‘the Act’) outlines that a person is eligible for admission to the legal profession if they are aged 18 years or older; have attained approved academic qualifications; and have satisfactorily completed approved practical legal training requirements. If you continue in your law degree and complete your practical legal training, you will be eligible to apply to the Supreme Court for admission. The Legal Practitioners Admissions Board will then review your application and make a recommendation to the Supreme Court. Section 31 of the Act outlines that a person is suitable for admission to the legal profession only if they are considered a ‘fit and proper person’ to be admitted. In determining whether you are a ‘fit and proper person’ the Court will consider the suitability matters outlined in section 9 of the Act, in addition to any other matters deemed relevant. A primary suitability matter the Court will consider relates as to whether you are currently of ‘good fame and character’.

Sarah McDonald – n10272682 – LLB105 Client Letter

3. THE IMPACT OF YOUR ACADEMIC MISCONDUCT Dishonesty of any kind is deemed to hold a large impact on your ‘good fame and character’. Academic misconduct is taken very seriously by a court. Correct referencing allows courts and academic institutions to test arguments and verify sources, and a lack of respect for appropriate referencing standards on behalf of a lawyer would severely hinder the ability of these institutions to function. Whilst still considered highly dishonest, the fact that your misconduct was committed in the first year of your law degree and that the assessment piece in question was only worth a small portion of your mark for the subject suggests that your misconduct likely would not be considered significant enough to negatively influence your current good fame and character at the time you apply for admission into the legal profession. I bring your attention to the fact that the Court assesses your status as a fit and proper person upon admission, meaning that your past misconduct, whilst relevant, is not determinative of your character. You mentioned that you have had no previous history of misconduct. If you continue your degree in academic honesty and prove that in all other ways you are a fit and proper person for admission, your academic misconduct will likely not severely affect the Court’s decision to admit you. 4. SHOULD YOU DISCLOSE YOUR ACADEMIC MISCONDUCT? It is of the utmost importance that you disclose any academic dishonesty to the Court, in addition to any other relevant matters that may impact on your admissibility. It is an expectation of the Court that applicants should make full and frank disclosure of any incidents that could influence their suitability as a candidate. Failure to do this is often looked upon even more severely than any initial dishonesty; as you are a law student, I refer you to the cases of Liveri [2006] QCA 152 and Borhani [2013] QCA 14 for further examples of the consequences of incomplete disclosure. I strongly recommend that you disclose, in full, all history of your academic misconduct upon applying for admission. 5. SUMMARY In summary, I recommend that you make every effort to pursue academic honesty as you proceed through the remainder of your studies in order to convince the court that you are of good fame and character when the time comes for your application to admission. I strongly recommend that you disclose any and all instances of academic misconduct or any other matters which may impact on your admissibility in the most full and frank way possible.

Sarah McDonald – n10272682 – LLB105 Client Letter

If you have any questions regarding this advice, do not hesitate to contact me. Regards Sarah McDonald Solicitor – Sullivan & Moody Lawyers...