The following type of conduct by a lawyer may amount to misconduct:
- a breach of the Act, Regulations or the Australian Solicitors’ Conduct Rules
- charging excessive legal costs
- being convicted of a serious offence, a tax offence or an offence involving dishonesty
- being disqualified from managing (or being involved in managing) a corporation under the Corporations Act 2001
- failing to comply with an order made by the Commissioner, the Legal Practitioners Disciplinary Tribunal, or another disciplinary body
- failing to pay a fine imposed under the Act
- failing to comply with a compensation order made under the Act
- failing to comply with the terms of a professional mentoring agreement
- unreasonable delay in progressing a matter or in complying with instructions
- repeated failure to return telephone calls or respond to letters or other communications without reasonable excuse
- intimidating or bullying behaviour
- acting despite having a conflict of interest
- deliberately or recklessly misleading a client or a Court
- mishandling money, especially trust money.
For a more extensive list of conduct that may be considered misconduct read the Australian Solicitors’ Conduct Rules or refer to section 70 of the Act.