https://padlet.com/mackenzie_anais_roberts/question5 Made with a taste for adventure en-us 2018-10-08 22:01:40 UTC 2018-10-08 22:36:35 UTC hello@padlet.com mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290504283 Has Ben acted ethically?]]> 2018-10-08 22:07:01 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290504283 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290504302 What should Ben of done?]]> 2018-10-08 22:07:09 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290504302 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290504324 Is he entitled to discuss the case with the investigator?]]> 2018-10-08 22:07:18 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290504324 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290504749 Rule 4.1.2-General duty to communicate with other lawyers in an honest manner

Rule 30- Duty not to take unfair advantage of the obvious error of another solicitor to obtain a benefit which has no supportable foundation in law/fact

Chamberlain v Law Society of ACT (1993) Actively taking advantage of mistakes – can amount to misconduct]]> 2018-10-08 22:10:16 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290504749 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290505207 Rule 31.1-A solicitor who knows material to be confidential and is aware that the disclosure was inadvertent must not use the material

Rule 30- Duty not to take unfair advantage of the obvious error of another solicitor to obtain a benefit which has no supportable foundation in law/fact]]> 2018-10-08 22:13:24 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290505207 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290505828 Rule 30- Duty not to take unfair advantage of the obvious error of another solicitor to obtain a benefit which has no supportable foundation in law/fact

Rule 31.1.2-Notify the other solicitor of the disclosure 

Rule 31.1.1-Return or destroy or delete the material immediately upon becoming aware 

Rule 31.2 A solicitor who reads part/all of the confidential material should not read any more of the material]]> 2018-10-08 22:17:47 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290505828 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290506405 Ben did not act honestly 

Ben took unfair advantage of the obvious error (the sending of the document) to further his case 

Took active advantage of the case, not by destroying the document, but by contacting the investigator]]> 2018-10-08 22:22:05 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290506405 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290506461 Ben did not act ethically.

Could face misconduct.

]]> 2018-10-08 22:22:36 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290506461 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290506881 Ben knew the material was confidential and was aware that the disclosure was inadvertent 

Uses the material by contacting the investigator to discuss the case 

Ben did so to gain an unfair advantage from the obvious error ]]> 2018-10-08 22:26:09 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290506881 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290506921 Ben is not entitled to discuss the case with the investigator ]]> 2018-10-08 22:26:30 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290506921 mackenzie_anais_roberts https://padlet.com/mackenzie_anais_roberts/question5/wish/290507380 If Ben had followed all the appropriate rules outlined and not contacted the investigator after, his conduct would not of amounted to misconduct 

However, since Ben knew that the material was confidential however continued to read the material, he has breached 31.2

Ben also took unfair advantage of the obvious error by contacting the investigator 


]]> 2018-10-08 22:29:34 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290507380 prs800 https://padlet.com/mackenzie_anais_roberts/question5/wish/290508039 Because of these actions, Ben may face misconduct/may be struck from the roll.]]> 2018-10-08 22:34:38 UTC https://padlet.com/mackenzie_anais_roberts/question5/wish/290508039