Forms of Malpractice From Sydney Family Lawyers: When To Fire Your Legal Representative - Australian Wills and Estate Law
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Forms of Malpractice From Sydney Family Lawyers: When To Fire Your Legal Representative


Clients who have entrusted themselves to family lawyers Sydney have the right to ensure that their legal representative is working in their best interests.


Failure to do so would be grounds for firing, paving the way for a new solicitor from a different firm to take the reigns of a case forward.


To reach this significant juncture, a client must understand what types of behaviour would lead to a scenario that constitutes legal malpractice, a term that speaks to wrongdoing and negligence that is either improper or illegal.


If this example falls into the latter category, there could be grounds for disbarment or even a jail sentence.


Whilst legal professionals carry out their due diligence during cases, there is also an imperative on the client to be aware of their lawyer’s conduct.


Such a requirement can only amplify a stressful situation further with a case involving a divorce, a fight for child custody or the dividing of assets.


Yet there is too much on the line to see a solicitor perform malpractice, leaving you in a weak and vulnerable position.


Here are examples that fit the description of legal malpractice for a Sydney family lawyer.


Financial Malpractice

Should any event arise whereby a Sydney family lawyer is performing dubious financial acts, then that must be considered a major red flag that requires further investigation. There have been cases whereby a representative will commit fraud to obtain more funds from their client for their own personal gain.


Other examples have seen scenarios of commingling take place, instances where a lawyer will utilize a fund that combines revenue from various parties into one pool. This could include an employer, a beneficiary, their own money and that of the client. The representative would be in breach of their fiduciary duty if they ventured down this path.


Failing To Meet Deadlines

There are various clerical duties that must be adhered to by any Sydney family lawyer who wants to fulfill their own obligations in a case. Each one of these individual duties pertains to a deadline that is involved, setting the clock in motion to file documentation on schedule without procrastination. Filing for motions or handing over evidence to the opposition party, judge or jury is paramount to adhering to the rules and codes of conduct issued by the bar association. Such a failure would speak to a lack of competence, a characteristic that is unwanted by any client across all legal fields.


Operating Without Client Consent

In instances where parents are battling over the separation of their relationship status and children are separated and caught in the crossfire, a Sydney family lawyer could be tempted to strike deals that are not in accordance with the wishes of their client. To operate in this respect without their consent falls comfortably into the category of malpractice because they are hired as a direct representative of their interests and demands, however intentioned their wishes may be. This careless behaviour to perform tasks without their knowledge or backing is negligent and not acting in good faith, working as a direct contradiction of their ethical responsibility.


Running Conflicts of Interest

If a Sydney family lawyer has a prior relationship with the opposition party or a financial stake in the outcome of the dividing of divorce assets, then that constitutes a conflict of interest. There have been examples whereby a solicitor has too many simultaneously running cases occurring in one block, creating a difficult dynamic where they cannot provide enough time or resources to each individual hearing, motion or trial.


To state it simply, a lawyer in the field of family law must be able to dedicate an acceptable amount of effort towards a positive outcome given the financial commitment that has been agreed between them and the client. Failure to do so does fit the bill for malpractice and is grounds for firing.

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