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

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Entries from December 2006

How not to bill; how not to deal with a fee dispute; the story of a Yank lawyer

December 24th, 2006 · No Comments

Courtesy of Justinian, I bring you the story of the overcharging New Jersey lawyer who charged like this:
"With regard to the fee, he purportedly spent entire days, sometimes eight or nine hours per day, for several days in a row, apparently in 'lockdown' — researching, reviewing and negotiating issues that had little or no bearing [...]

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

Cross-fertilisation of VCAT jurisdiction under separate enabling acts

December 22nd, 2006 · No Comments

In Director of Housing v Young [2002] VCAT 227, Deputy President Levine decided that a $14,000 residential tenancy claim of a kind in which VCAT's jurisdiction was limited to $10,000 could be brought pursuant to the Fair Trading Act, 1999 as what is now described as a "consumer-trader dispute" because the Fair Trading Act, 1999 [...]

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Tags: Fair Trading Act · Legal Profession Act · VCAT Act

A claim for solicitor to pay costs of very difficult case personally fails

December 22nd, 2006 · No Comments

FD v New South Wales [2006] NSWSC 1407 is a case where a very difficult case for the plaintiff, in which mistakes were made, did not create, in the plaintiff's solicitor, an obligation, on the defendant's application, to pay costs personally. It was the Armidale District Women's Centre which sought the order against FD, a [...]

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Tags: mental illness

Solicitor refers costs dispute to VCAT's legal practice list

December 22nd, 2006 · No Comments

In  Robert J Lawyers v Kirby [2006] VCAT 2609 A client complained about his solicitor's fees. The Legal Services Commissioner was unable to  settle the costs dispute. The solicitor exercised his right to refer the matter to the Legal Practice List of VCAT. Unusual, but sensible, since the Legal Practice Act, 1996 empowers VCAT to [...]

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Tags: Professional fees and disbursements · Uncategorized · Unqualified practice · costs disclosure defaults · costs disputes

"Holy mackerel, you're small, which is good for …" earns repeat offender GP re-education

December 21st, 2006 · No Comments

Re: Richard George Y [2007] MPBV is a decision of the Medical Board of Victoria about a GP and former model, a one-time member of Cleo's 50 most eligible bachelors who came to grief a second time for inappropriate comments while his hands were in his patient's genital area. "Holy Mackerel, you're small, which is [...]

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Tags: Discipline · doctors

Latest mammoth loss of a chance exegisis: NSW med neg case

December 21st, 2006 · No Comments

The latest novel written by a judge about the concept of loss of a chance is Halverson v Dobler [2006] NSWSC 1307. I suspect lawyers professional indemnity specialists spend too little time reading the doctors' negligence cases. Though there seems to be some suggestion that loss of a chance as a concept is on the [...]

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Tags: Uncategorized

Legal Services Board doesn't renew ticket of lawyer to gangland figures

December 20th, 2006 · No Comments

Two blokes shot this well known lawyer's underworld partner Lewis Caine and got put on trial for murder. Representative of a few underworld clients, she refused to give evidence at the two blokes' trials despite having been ordered by the Court to do so. She said she was scared of getting her head blown off. [...]

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Tags: Admission · Striking off

Tidy little fruits of litigation lien judgment

December 20th, 2006 · No Comments

In Khoury v Gonvales [2006] NSWSC 1290, Mr Khoury, a solicitor, got from Justice Barrett of the NSW Supreme Court a declaration that he was entitled to a fruits of litigation lien. He had acted for Mr Sef Gonzales in a suit against the executrix of the will of Teddy Gonzales, and won. Sef got [...]

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Tags: Liens · Professional fees and disbursements

Litigant's right to recover fees of interstate lawyer under costs order

December 20th, 2006 · No Comments

Update: now reported at (2007) 237 ALR 802 
This little problem gives rise to ridiculous complexities. In Cannon Street Pty Ltd v Karedis [2006] QCA 541, the Queensland Court of Appeal upheld Justice White's decision to allow, as party party costs, work done for the successful party by Clayton Utz Sydney in relation to trial of [...]

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Tags: Professional fees and disbursements · Taxations

Litigant may not represent himself in those bits barrister spurns

December 18th, 2006 · 1 Comment

In Malouf v Malouf [2006] NSWCA 83, (2006) 65 NSWLR 449 the NSW Court of Appeal, led by President Mason disapproved of the practice allowed below of a litigant appearing for himself in relation to some points and being represented in relation to others. Warwick Malouf had sued his brother for fraud, and represented himself, [...]

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Tags: Ethics · duty to court · litigation ethics