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Entries from December 2007

Cases, cases

December 15th, 2007 · No Comments

Update, 19 February 2008: Fellow Melbourne law blogger Legal Eagle has kindly written a case note on Equuscorp v Wilmoth Field Warne.
Update, 21 December 2007: Another two advocates' immunity cases:
1. Symonds v Vass [2007] NSWSC 1274, 36,000 words, after nearly 3 weeks of trial. See Ysaiah Ross's case note in his article [...]

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Tags: Admission · Advocates' Immunity · Barristers' immunity · Legal Profession Act · Professional fees and disbursements · Retainers · setting aside costs agreements

Sudden eruption of unconscionability amongst solicitors further documented

December 10th, 2007 · 2 Comments

Updated, 4 January 2008: See the underlined additions below (with thanks for the references to Jason Pizer's book at p. 246).
Original post: Now two unrepresented folk have managed to convince VCAT's Legal Practice List's Member Butcher in a Fair Trading Act, 1999 claim that yet another solicitor has been acting unconscionably towards his clients in [...]

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Tags: Fair Trading Act · Legal Profession Act · Professional fees and disbursements · VCAT · costs disclosure defaults

Anyone got a bent lawyer story to top this one?

December 10th, 2007 · No Comments

The Times reports:
'Naveen Sagar laundered drug money, orchestrated false defences and supplied bogus witnesses to help major criminals to evade justice. He was involved directly in fraud and burglary and was suspected of trying to derail an Old Bailey murder case after police found a picture of the trial jury on his mobile phone.
Sagar flaunted [...]

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Tags: Criminal liability

Why you needn't call a solicitor an 'Australian legal practitioner'

December 10th, 2007 · No Comments

Update: The nice thing about blogging compared with, say, writing a book (not that I would know) is the interactivity.  Lawyers are obviously still a bit chary of the comment function, given how many of them email me rather than comment.  Nothing prompts the sharpening of e-pencils quite like an error, and it seems I [...]

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Tags: Legal Profession Act · Legal writing · Negligence

Two Age articles about the Supreme Court

December 9th, 2007 · No Comments

Tucked away in the business section of Saturday's Age are two articles about the Supreme Court, and its funding difficulties. They don't seem to be online, but here's another article with much the same flavour: the Court needs more resources and new ideas to deal with civil trials. What follows is a stream of [...]

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Tags: Uncategorized

Mediators' immunity questioned

December 8th, 2007 · No Comments

Freehills' Ken Adams taught me a lot in my first years as a solicitor. He used to delete the immunity clauses in mediation agreements before having his clients sign them. I have occasionally done likewise. Mary-Anne Noone wrote an article in the October Law Institute Journal riffing off Tapoohi v Lewenberg (No 2) (2003) VSC [...]

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Tags: Uncategorized

Disgruntled clients and the web

December 7th, 2007 · No Comments

This year, I acted for a man who was so pissed off with a used car salesman, that he set up a webpage to recount his experiences. Say for the exercise the business was called Jack Maggs and Daughters Used Cars, and that its website was www.jackmaggs.com.au. My client purchased www.jackmaggs.com and went [...]

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Tags: Misconduct · gross overcharging

"this letter will be used on the question of costs"

December 6th, 2007 · No Comments

I came across a really bad interstate solicitor a while back. One of his peccadillos was to write, at the end of all of his letters to my instructor — his opponent — 'We thank you for your cooperation, and if you have any queries please do not hesitate to contact us.' [...]

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Tags: Party party costs

Getting documents out of insurers

December 3rd, 2007 · No Comments

If I recall correctly, one of my first contested hearings as a young solicitor was about whether the claim for privilege over a loss adjuster's report in an affidavit of documents drafted by me was kosher.  I went on to write an article on the subject in that august journal, the newsletter of Women in [...]

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Tags: Client Legal Privilege · legal professional privilege

Latest case on privilege and inadvertent disclosure

December 3rd, 2007 · 1 Comment

If there is one area of the law which has always seemed to me to be all over the place (though I never really sat down and tried to nut it out), it's the law of privilege in its application to the inadvertently disclosed document. The latest English decision is MMI Research Ltd v [...]

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Tags: Ethics · duties of confidentiality