Stephen Warne on professional negligence, regulation and discipline around the world

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Entries from October 2006

Suburban solicitor successfully defends negligence claim in personal injury matter

October 31st, 2006 · 1 Comment

Stipanov v GCFM [2006] VSC 258, Hollingworth J, 27 October 2006 (Stipanov v GCFM (No. 2) is posted about here.)
This case is an unusual one to have got through to trial in that its outcome depended on several conflicts of oral evidence. It is unusual too in that it was a case in which a [...]

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Tags: Causation · Negligence

Roisin Annesley's Victorian Barristers' practice guide

October 29th, 2006 · No Comments

The Bar has produced a practice guide. It is a great achievement and stands as a beacon for the Law Institute's future efforts at promulgating knowledge of the practice rules. The Bar actually has something called the Professional Standards Education Committee. Written by Roisin Annesley, it was launched by Victoria Marles, the Legal Services Commissioner [...]

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Tags: "professional negligence" · Book reviews · Discipline · Ethics · Legal Profession Act · Negligence · No win no fee · Professional fees and disbursements · Retainers · concurrent duties · conflicts · costs disclosure defaults · costs disputes · current client and past client · duties of confidentiality · duties regarding witnesses · duty and duty · duty and interest · duty to court · interest of associate · litigation ethics · procedure · setting aside costs agreements

A complaint for every 6 solicitors last year in England

October 29th, 2006 · No Comments

Here is an article from that most excellent of newspapers, England's The Guardian, which notes that:

the Law Society received 17,074 complaints, one for every six solicitors in England and Wales last year;
that was up 14% on 2002;
a third of people think they receive poor service from their solicitor;
a quarter of those surveyed think their [...]

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Tags: Discipline · Professional fees and disbursements · costs disclosure defaults · costs disputes

Excellent paper on lawyers' discipline by Stitt QC and Lindsay SC

October 25th, 2006 · No Comments

The New South Wales Law Society distinguishes itself amongst the Australian law societies with its in depth ethics resources. The Bar Association too is good in that regard in that state. Here is an excellent paper by R.R. Stitt QC and G.C. Lindsay SC entitled "Disciplinary Proceedings Affecting Barristers". It's a bit old now (June [...]

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Tags: Discipline · mental illness · procedure · prosecutors' duties · regulators' duties

Chief Justice realises legal system's too expensive!

October 25th, 2006 · No Comments

South Australia's Chief Justice gave a talk recently on how the justice system is too expensive. It's true. What I am very uncertain about is how much more expensive it is than, say, at the time of Bleak House. I mean, I think airfares are expensive, but they're cheaper, comparatively, than they have ever been.

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Tags: Uncategorized

Detailed new conflict rules commence in England

October 22nd, 2006 · No Comments

Solicitors’ Practice (Conflict) Amendment Rule 2004
(1) (Introduction)
(a) This rule sets out provisions for dealing with conflicts of interest other than
those conflicts in relation to conveyancing, property selling or mortgage
related services which are dealt with in rule 6.
(b) This rule applies to a regulated individual and a regulated practice.
(c) Conflicts between the duty of confidence [...]

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Tags: Ethics · concurrent duties · conflicts · current client and past client · duties of confidentiality · duty and duty · duty and interest · interest of associate

Another unrepresented lawyer bites the dust in WA

October 19th, 2006 · No Comments

The lessons against self-representation in discipline cases are coming almost too thick and fast for me to digest them. Here is The West Australian's short article on the striking off recently of Vijitha De Alwis, a solicitor who played a part in a legal saga involving an attempt to deport a non-citizen Briton convicted of [...]

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Tags: Discipline · Professional fees and disbursements · Striking off · trust monies

Peter Faris QC profiled by The Age

October 18th, 2006 · No Comments

Update: 26 December 2007 And again, this time on the subject of drink.  Peter Faris used to drink a lot of it. Then one day he stopped. Cold turkey.
Original post: You will have noticed that this blog is a blog in part about lawyers, with a bias towards Victorian lawyers. Here is an article about [...]

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Tags: Uncategorized

Amendments to Legal Profession Act, 2004

October 18th, 2006 · No Comments

The Justice Legislation (Further Amendment) Act 2006 No. 79 (Vic) was assented to on 10 October 2006 and the relevant part came into effect the following day: s. 2(1). Part 13 amends the Legal Profession Act 2004. The relevant purpose is stated in s. 1(k):
"(k) to amend the Legal Profession Act 2004—
(i) to reflect amendments [...]

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Tags: Legal Profession Act

The South Australian take on the purpose of disciplinary proceedings

October 17th, 2006 · No Comments

Here is what the then Chief Justice of South Australia, Doyle CJ, had to say in Craig v Medical Board of South Australia (2001) 79 SASR 545 at [41] to [48] about the purpose of disciplinary proceedings, referred to with approval by the Full Court of the Supreme Court of South Australia in Papps v [...]

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Tags: Discipline · doctors