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

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Entries from January 2007

Case specific blogs start appearing

January 28th, 2007 · No Comments

Update: 22 December 2007
Legal Blog Watch's Carolyn Elefant predicts:
'2008 will be a banner year for single-issue blogging, like David Rossmiller's coverage of "everything Richard Scruggs," Above the Law's coverage of Aaron Charney's lawsuit against Sullivan & Cromwell or Durham in Wonderland, covering the Duke lacrosse team rape case.'
Dickie Scruggs, an American lawyer, and others pleaded [...]

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Tags: Admission · Law Blogs

NSW prosecutor's computer repair leads to child porn suspension

January 27th, 2007 · No Comments

A Sydney silk took his computer into work at the Department of Public Prosecutions to be fixed. The repairman mentioned the child pornography on the hard disk to his superiors, and the Deputy Senior Crown Prosecutor was suspended on leave with pay and has said he will plead guilty to a charge of possessing child [...]

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Tags: Uncategorized

US lawyer castigated for accepting less than 1/3 contingency fee

January 27th, 2007 · 1 Comment

Thanks to Overlawyered I bring you the story of the US plaintiffs' lawyer who has advertised for personal injury work arising out of car accidents on a 15% contingency fee basis instead of the normal 33%. The mischievous quirk of behaviour has not been particularly warmly accepted by his peers. This post looks at that [...]

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Tags: No win no fee · Professional fees and disbursements

Can you be prosecuted for mere negligence?

January 17th, 2007 · No Comments

There is no doubt that mere negligence cannot constitute misconduct in the traditional concept of that expression: Myers v Elman [1940] AC 282 at 288; Re Hodgekiss (1959) 62 SR(NSW) 340 at 351; Re Veron (1966) 84 WN (Pt 1) (NSW) 136 at 143 (CA); Re Miles (1966) 84 WN (Pt1) (NSW) 163 at 173 [...]

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Tags: Discipline · Misconduct · Unsatisfactory conduct · civil-disciplinary interplay · negligence as disciplinary breach

Staying disciplinary proceedings as abuses of process

January 17th, 2007 · No Comments

The following passage from the NSW Court of Appeal's decision in Lindsay v Health Care Complaints Commission [2005] NSWCA 356 (Hunt AJA, others agreeing) casts some doubt on whether a medical disciplinary tribunal presided over by a judge had power to stay a disciplinary proceeding as an abuse of process. The issue arose in the [...]

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Tags: Abuse of process · Uncategorized · autrefois acquit · jurisdiction · procedure

More on absolute privilege and lawyers and clients: Hercules v Phease

January 14th, 2007 · No Comments

In "Whistleblowers and the Law of Defamation: Time for Statutory Privilege?" [2005] 3 Web JCLI, David Lewis cites More v Weaver [1928] 2KB 520 as authority for the general proposition that lawyer-client communications are absolutely privileged, that is, that they may not be sued upon in defamation. I have not read the case to check [...]

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Tags: Abuse of process

Lawyer's defamation suit against former client founders on absolute privilege

January 14th, 2007 · 1 Comment

In Sexter & Warmflash, P.C. v Margrabe, 2007 NY Slip Op 00065, a woman hired lawyers to represent her and her brother in a dispute with a cousin. The lawyers charged a reduced fee but could charge a 50% premium upon resolution of the dispute. The dispute was settled, but the woman thought the lawyers [...]

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Tags: Uncategorized · conflicts · duty and interest

Next election important for composition of the High Court

January 14th, 2007 · No Comments

Kenneth Nguyen's analysis in The Age about the importance, from the point of view of the composition of the High Court, of the next election, is worth reading. He says the next federal election is expected some time after September this year, the same month Callinan J must retire by. The Chief Justice must retire [...]

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Tags: Uncategorized

Best of the American Law Blogs' Top (and bottom) 10 lists for 2006

January 4th, 2007 · No Comments

Courtesy of Legal Blog Watch, here are three US law bloggers' best and, more interestingly, worst of lists for 2006:

Blogger Christopher Taylor, serves up the year's top 10 outrageous legal moments.
At the CNN Law Center, lawyer and commentator Kendall Coffey shares his picks for the best and worst in legal news for 2006.
Dahlia Lithwick's 10 [...]

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Tags: Law Blogs

A little precis of the law of non-lawyer professionals' duties of confidentiality

January 3rd, 2007 · No Comments

In Grego v Great Western Insurance Brokers Pty Ltd [2006] WASC 284, Justice Peter Blaxell of the Supreme Court of Western Australia, gave this little account of the duty of confidentiality owed by a non-lawyer professional to his or her client:

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Tags: Ethics · duties of confidentiality