Comparing and contrasting - Essay Example

The appellant was not accountable to his clients within a reasonable time in that he did not make the necessary payments to his clients and other practitioners within a reasonable time. There was also failure to reflect all financial transactions in the books of accounts and delay with the payments of trust money to clients after due demand without any lawful reason. The orders of the court in this case were that the striking the appellants name off the role of attorney was substituted and instead the appellant was suspended from practicing for one year.

He was also not found guilty of unprofessional, dishonorable or unworthy conduct by the court. In the Davey case, the Law society brought against Meumann White a number of complaints before the court that include; touting for work and are thereby engaging in conduct which is likely to attract business unfairly. By securing work through conferring benefits upon estate agents in order to induce them to channel work for Meumann White they were guilty of conduct which impairs their independence by creating conflicts of interest which is explicitly prohibited by the Prevention and Combating of Corrupt Activities Act.

MW’s extensive expenditure is directed at securing instructions for the firm this is the premeditated and disguised scheme to “buy work” in order to derived significant direct financial benefit as a result. The court gave its judgment ad concluded that in all the circumstances of the case brought by the law society that MW has not been guilty of any wrongdoing. The court laid down a test for permissible advertising which is of the nature that is calculated to attract business unfairly and this is the only restraint placed on the entitlement of an attorney to advertise.

They are both applications by the society concerned for the attorneys to be struck off the roll of attorneys or they be suspended from practice by the