QLD Ethics Cases PRACTICE QUESTIONS ALREADY PASSED

Ziems v Prothonotary - Issue: when does conduct which occurs in a Barrister's private life impact on his fitness to practice? Facts: - Ziems was a Barrister in a bar, saw a sailor abusing women. - he interjected and a physical altercation followed - Police officer witnessed sailor violently attack Ziems' head. - he took the sailor to custody and told Ziems he would return to take him to the hospital. - officer did not return - Ziems drove home, got in an accident and killed a motorcyclist. - Ziems convicted of manslaughter - NSW court of appeal took to the view that Ziems should be removed from the roll because he was found guilty of a serious crime - Ziems appealed. - some of the HC justices were critical of the prosecutors for not calling the police officer as a witness Principles: - while a person's criminal record may shed light on their character, it is not a definitive factor in deciding whether one is a 'fit and proper person' for practice. - the requirement to assess whether an individual is 'a fit and proper person' is meant to protect the integrity and standards of our legal system but not to punish an individual for their past. - approach of the court to disbarment cases should be different in persona misconduct as compared with professional misconduct - - professional misconduct must have a much more direct impact on a man's fitness to practice than personal misconduct. -- court has an obligation to examine the position as a whole with meticulous care.