In the context of the Legal Practitioners Act 1981 (SA) s 5, 'substantial' failure to meet the standard of competent practitioners connotes a large or considerable departure from the standard, assessed by reference to the extent and seriousness of the departure, the deliberateness of the conduct, and the consequences for the client. Isolated negligent conduct without dishonesty, where remedial steps were taken, may constitute unsatisfactory rather than unprofessional conduct. A solicitor who engages an expert for a medico-legal report without informing the expert that the solicitor is not accepting personal liability contracts as principal, not as agent for the client. A past practice of forbearing to require immediate payment does not give rise to an implied term that fees are not payable until settlement.
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