Middleton, Tom (2008) The role of lawyers in ASIC's investigations and enforcement processes. In: Australasian Law Teachers Association 63rd Annual Conference: the law, the environment, Indigenous peoples: climate for change?. p. 48. From: 2008 Australasian Law Teachers Association Conference: the law, the environment, Indigenous peoples: climate for change?, 6-9 July 2008, Cairns, QLD, Australia.

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Abstract

The role of lawyers in ASIC's investigations and enforcement processes is significantly different to their role in a private law litigation context. This role is often misunderstood by lawyers because their legal education and understanding has been shaped by traditional notions of the lawyer's duties to the client.

In this paper the role of lawyers in ASIC's investigations and enforcement processes is explained, problem areas are highlighted and reforms are suggested. In addition, a range of strategies that should be adopted by lawyers to provide maximum protection for their clients (in the investigative context) are highlighted.

Particular emphasis is placed on the lawyer's role in providing advice to the client in relation to the following investigative and enforcement issues:

-Informants; - Production of books; - Oral examinations; - Search warrants; and - The operation of the penalty privilege, the privilege against self-incrimination and legal professional privilege.

In some cases, the lawyer may also become the subject of ASIC's investigation. This paper highlights the principal provisions under which lawyers can be liable for providing advice and seNices to corporate clients including civil and criminal accessorial liability and liability under the due care and diligence rule. This paper also explores strategies that should be implemented by lawyers to avoid liability under these provisions.

Item ID:	27975
Item Type:	Conference Item (Abstract / Summary)
ISBN:	978-0646-49497-5
Keywords:	law enforcement
Date Deposited:	29 Jul 2013 05:40
FoR Codes:	18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law @ 100%
SEO Codes:	94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940401 Civil Justice @ 100%
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