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Admissions, Suitability and Disclosures

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We help you understand the regulator's concerns and address them effectively.

Admissions, Suitability and Disclosures
OVERVIEW

Admissions, Suitability and Disclosures

Things can sometimes go wrong in your life and this can impact your ability to gain admission, to get a practising certificate or to be able to continue to practice. If you need to appear before your local admissions authority, make a suitability disclosure or address a suitability concern raised by your regulator, we can help you to understand and address the regulator's concerns.

The Process

The Steps:

Step 1:
BOOK AN INITIAL DISCOVERY SESSION

We'll work out where you're at and what we need to do.

Step 2:
PROPOSED PLAN OF ACTION

We'll provide you with a proposed plan of action and estimated costs for our legal advice.

Step 3:
REVIEW YOUR MATERIAL AND SHAPE YOUR STRATEGY

Get a clear understanding of why the concerns have arisen and what you need to do.

Step 4:

Step 5:

Step 6:

Outcomes you can expect

Benefits from our advice:

Admissions, Suitability and Disclosures

  • We provide non-judgemental support with calm, confidential guidance during a high-stress period.
  • We give you clarity on your position and what you can do to improve it
  • We give you the information you need to make strategic decisions
  • A measured, experienced approach can help you respond well and take steps to address any underlying issues.

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FAQs

These are the common questions from lawyers in a similar situation to you, ask us:

What are common problems that may impact my admission?

Common problems that affect admission include criminal convictions, academic misconduct, disciplinary matters in the course of working in another profession, conduct in the course of civil litigation or matters involving dishonesty.

What are common suitability issues?

Common issues that may raise questions about your suitability include practicing outside the conditions of your PC, being the subject of an unresolved disciplinary complaint, being unable to fulfil the 'inherent requirements of practice’ (i.e., due to health, mental health or problematic conduct during or outside the scope of legal practice, disciplinary findings in Australia or overseas, a criminal conviction, breach of a Court Order.

Does the timing of the disclosure matter?

Timing can often be critical, noting that timely, candid and full disclosure can often count in your favour. Conversely, delaying in notification can work to your detriment. It’s a scary thing to do, so get some sympathetic and expert assistance.

What is the process if the regulator has suitability concerns?

Generally, you will be required to provide information and documents relevant to the regulator’s determination. This needs to be done carefully, particularly when it involves confidential client information. You will need to understand what criteria are applied in making the decision in order to shape your submissions in the most effective way.

Can I still practice if I declare a suitability issue?

If you have a current PC and need to inform the regulator about a suitability issue, either in the course of applying for your PC renewal or out of cycle, the regulator will generally investigate and give you the opportunity to make submissions before making any decision about your PC. This means that even if your PC renewal is not processed, you can practice on your deemed PC from the previous year until the determination is made. The determination cannot be made without giving you the opportunity to respond to submissions, except in the most urgent and serious cases that might warrant immediate suspension of the PC.

What are common problems that may impact my admission?

Common problems that affect admission include criminal convictions, academic misconduct, disciplinary matters in the course of working in another profession, conduct in the course of civil litigation or matters involving dishonesty.

What are common suitability issues?

Common issues that may raise questions about your suitability include practicing outside the conditions of your PC, being the subject of an unresolved disciplinary complaint, being unable to fulfil the 'inherent requirements of practice’ (i.e., due to health, mental health or problematic conduct during or outside the scope of legal practice, disciplinary findings in Australia or overseas, a criminal conviction, breach of a Court Order.

Does the timing of the disclosure matter?

Timing can often be critical, noting that timely, candid and full disclosure can often count in your favour. Conversely, delaying in notification can work to your detriment. It’s a scary thing to do, so get some sympathetic and expert assistance.

What is the process if the regulator has suitability concerns?

Generally, you will be required to provide information and documents relevant to the regulator’s determination. This needs to be done carefully, particularly when it involves confidential client information. You will need to understand what criteria are applied in making the decision in order to shape your submissions in the most effective way.

Can I still practice if I declare a suitability issue?

If you have a current PC and need to inform the regulator about a suitability issue, either in the course of applying for your PC renewal or out of cycle, the regulator will generally investigate and give you the opportunity to make submissions before making any decision about your PC. This means that even if your PC renewal is not processed, you can practice on your deemed PC from the previous year until the determination is made. The determination cannot be made without giving you the opportunity to respond to submissions, except in the most urgent and serious cases that might warrant immediate suspension of the PC.

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