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 [...]
Entries from January 2007
Case specific blogs start appearing
January 28th, 2007 · No Comments
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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:
Tags: Ethics · duties of confidentiality

