Legal Ethics Creative Assignment Term 1 2018

Legal Ethics Creative Assignment Term 1 2018
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  • Thanks for the coffee boss and I understand.  It goes without saying I'll be discrete.  I'll meet with the client this afternoon.
  • The Heavy Wig Cafe
  • Glad you could make our little meeting.  As Managing Partner I have a delicate matter with one of our largest and most valuable clients I need you to take point on.
  • What the HELL!!  I told you this was an important client and to handle this with discretion.  I had told Ms. Nasty that we would handle this little bump for her. 
  • Even LAter than Later, Later That Afternoon
  • Mr. Bigbums, the Partner has told me you will be handling this for us.  I assume your boss has told you we are a disabliities childcare provider and we have an employee 'issue'  She has told the Department in an review inspection at one of our centres that she has 'concerns' about some minor company safety practices which....well.... she believes resulted in a few incidents involving our little clients.  Harmless really, I mean kids equals scrapes and bruises right? (CHUCKLES)  Well WE at least take company confidentiality seriously and have ended her employment.
  • I've reviewed everything and I think we can mitigate the P.I.D. issue.  Further investigation doesn't indicate any response by the Department and I'm personally not sure the content of the applicant's disclosure was sufficient to satisfy legislative standards.  Accordingly if she isn't covered under the Act then I don't see any reason to not follow client instructions.  Unless you have other concerns?  
  • The disloyal cow is sueing us for wrongful termination.  I mean what did she expect, she's an employee and mouthing off ....It's not on .... we have to make a profit somewhere, that's only fair right? I want her case thrown out and her to pay.  Counter-sue her back DAMMIT!
  • I see Ms. Nasty., so far I'm not sure where we can help you.
  • Later That Afternoon
  • Ms. Nasty, based on what you are telling me, the matter may not be so straight forward.  As the case involves child safety a Court may consider your ex-employee to be making a Public Interest Disclosure or P.I.D. and there are protections against criminal and civil action in place for persons who do so.  Seeking a Settlement may be....
  • I regret I've upset you Ms. Nasty and i'm unfortunately not privy to other discussions you and Mr. Bigbums may have had, but what I am trying to do NOW is satisfy my professional obligations in these circumstances which include advising you if I think you have, for want of a better phrase, 'an unwinneable case', why that is and how to move ahead in the most advantageous manner for you.  To ease your mind, how bout you provide everything you have, documents, Statement of Claim etc. and I'll consult with my boss and get back to you...ok?
  • HMPH...Rubbish.  I didn't come here for you to tell me to lose mister.  Bigbums told me this firm would BURN her and get us off the hook and now your telling me this wishy-washy nonsense. NOT HAPPY!!!!!
  • SOMETIme that feels a hundred years later but is that night
  • Later, LATER That Afternoon
  •  Sorry boss, but the interview with the client has raised some ethical and professional concerns.  Particularly I'm concerned that if the applicant is a whisleblower there will be statutory protections involved limiting our client's options.  While I am aware of our obligations under Part 7.6 of the Act and in 4.1 of the Rules to represent and follow Ms. Nasty's instructions to the best of our ability we also have a duty to inform her when she is an untenable legal position, which was what I tried to do when she became ... distraught. With regards to my other concerns they'll be moot, i THINK, if we  just act to settle the matter.
  • I SEE, I'll review the material, talk to Ms. Nasty and we'll have ANOTHER chat. 
  • Well I don't agree and to be blunt I've got the experience and it's my name on the door.  We'll go along with Ms. Nasty and YOU WILL prepare the Claim and Defense as requested.  I'm disappointed with you here....I thought you were a team player .... if you aren't then Sico Phant is ... now GET!
  • Actually Mr. Bigbums I do have some other concerns.  Even if the Court did agree with your interpretation, of which I am not so confident by the way, I still have some ethical qualms.  Mainly it has to do with our additional duties as solicitors  Obviously I'm talking about of the requirements in the Rules in 4.1.4 and 5.1.1 and 5.1.2 to not compromise our integrity; bring the profession into disrepute or diminish public confidence in justice.  I think the circumstances here, were we to not advise Ms. Nasty to settle and instead act as she has indicated, might trigger censure should the applicant make a complaint to the QLS or LSC.  I'm personally NOT comfortable here and our duty to the Court and justice in 3.1 of the Rules is meant to be PARAMOUNT....
  • Yikes!!!!  I really don;t agree with the boss.  I think he's blowing smoke and I feel....slimey.  I'm sure doing as I'm told here is a step too far into In Re A Practitioner of the Supreme Court territory for unprofessional conduct even if it doesn't strictly breach the Rules. 
  • I 've GOT to get some advice right now.... 
  • I NEED a drink .... and advice .... in THAT order!!!!
  • 2ndly...Do I need to report this to the LSC or the QLS .... If I decide it crosses the line then do I have an obligation here?  To the profession? To the public? Should I .... whistleblow .... irony.... 
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