The Key Role of a Competent Lawyer: Lessons from Bosschieter v Howitt [2024] NSWSC 1676

In the legal profession, competence is not just a desirable trait—it is the foundation upon which justice is built. The recent Supreme Court of New South Wales decision in Bosschieter v Howitt [2024] NSWSC 1676 underscores the critical role that a skilled and ethical lawyer plays in safeguarding the integrity of legal proceedings and ensuring that justice prevails.

The Case at a Glance

The dispute in Bosschieter v Howitt revolved around a claim for further provision out of an estate and a contested transfer of a $200,000 term deposit shortly before the deceased’s passing. The plaintiff, Justine Bosschieter, sought additional financial provision from her grandmother’s estate under the Succession Act 2006 (NSW). However, the executor of the estate, David Howitt, challenged a significant financial transaction made in favor of Justine, arguing that it was the result of undue influence and unconscionable conduct.

The Impact of a Competent Lawyer

One of the standout elements in this case was the role of Ms. Mana Ghadirian-Marnani, the solicitor who assisted the deceased in her estate planning. The judge in this matter made specific commendations regarding Ms. Ghadirian-Marnani’s professionalism, diligence, and ethical approach, which ultimately played a pivotal role in determining the outcome of the case.

1. Ensuring Informed Decision-Making

A competent lawyer ensures that clients make informed decisions, particularly when it comes to sensitive matters such as estate planning. Ms. Ghadirian-Marnani meticulously recorded her consultations with the deceased, maintaining detailed and objective file notes. Her notes provided invaluable insight into the deceased’s intentions and mental state, offering a strong evidentiary foundation that helped the court assess the legitimacy of the $200,000 transaction.

2. Protecting Vulnerable Clients

Lawyers have an ethical obligation to protect their clients from potential financial abuse, particularly in cases where they may be in a position of vulnerability. Ms. Ghadirian-Marnani’s actions demonstrated best practices in this regard. She advised the deceased on the implications of transferring a large sum of money and the potential risks associated with undue influence. Her objective assessment of the deceased’s financial independence and capacity was crucial in highlighting the concerns surrounding the contested transaction.

3. Maintaining Objectivity and Professionalism

Throughout her engagement with the deceased, Ms. Ghadirian-Marnani exhibited an unwavering commitment to professionalism. She remained neutral despite familial tensions and ensured that her legal advice was based on sound principles rather than external pressures. Her approach exemplifies how a competent lawyer should act when faced with potentially contentious estate matters.

4. Strengthening the Court’s Confidence in Legal Documents

Because of Ms. Ghadirian-Marnani’s careful documentation and thorough legal advice, the court placed significant weight on the deceased’s final will. Her testimony reinforced the reliability of the deceased’s testamentary intentions, leading to a judgment that upheld the integrity of the estate planning process.

Lessons for Legal Professionals

The recognition of Ms. Ghadirian-Marnani’s competence in Bosschieter v Howitt serves as a reminder to all legal practitioners of the indispensable role they play in upholding justice. A skilled lawyer must:

• Provide clear and thorough legal advice to clients, ensuring they understand the implications of their decisions.
• Maintain detailed records to support the validity of legal transactions.
• Remain objective and ethical, particularly in matters involving family disputes.
• Be vigilant in identifying and addressing signs of undue influence or financial exploitation.

Conclusion

The case of Bosschieter v Howitt is a powerful example of how a diligent and ethical lawyer can significantly influence legal outcomes. Ms. Ghadirian-Marnani’s exemplary practice not only safeguarded the deceased’s intentions but also reinforced the broader principle that the legal profession must prioritize competence, ethics, and client protection above all else. As legal professionals, we should strive to emulate these standards to ensure that justice is not just served, but also upheld with integrity and fairness.

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