Family Law Education Network

Tag: Family Law Ethics

Schnur & Urbina – When Counsel Is Unqualified and Unprepared

When solicitors brief Counsel, whether it be for a hearing or to provide an advice/opinion, they are entrusting their client’s case to that Counsel. It is unlikely that a solicitor ever checks to ensure that Counsel is in fact entitled to practise. In a Division 1, first instance decision of Schnur & Urbina [2024] FedCFamC1F 374, the Court was required to deal with such an issue.

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Schnur & Urbina – When Counsel Is Unqualified and Unprepared

When solicitors brief Counsel, whether it be for a hearing or to provide an advice/opinion, they are entrusting their client’s case to that Counsel. It is unlikely that a solicitor ever checks to ensure that Counsel is in fact entitled to practise. In a Division 1, first instance decision of Schnur & Urbina [2024] FedCFamC1F 374, the Court was required to deal with such an issue.

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