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

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Entries from January 2008

Stephen Keim SC, Dr Haneef's barrister

January 30th, 2008 · No Comments

A delegate of John Britton, Queensland's Legal Services Commissioner, has declined to lay disciplinary charges against Dr Haneef's lawyer, Stephen Keim QC, despite finding a clear breach of a rule of professional conduct, and that — to my astonishment — Mr Keim gave his client's record of interview to The Australian without having sought Dr [...]

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Tags: Ethics · Professional regulation · advertising · litigation ethics

NSW wills and estates lawyers to have fees capped in family disputes

January 30th, 2008 · No Comments

The Sydney Morning Herald reports plans by the NSW Attorney General to cap fees proportionately to the amount at stake. The article is a bit light on what that means exactly, but the Law Society of NSW President purported to welcome the changes.

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Tags: Professional fees and disbursements · Professional regulation · Solicitor client bills of costs

The English profession

January 29th, 2008 · 1 Comment

Update, 12 February 2008: Apparently there's a lawyers' phones bugging scandal over in England.  Sounds like a fairly substantial problem to me.  I'll keep you posted, if I ever find the time.
Original post: Here's a pithy little article in The Times about 3 English lawyers' liability cases. Well worth the small effort to read it, [...]

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Tags: Professional regulation

So long as you don't intentionally fail to turn up when briefed, no problem

January 25th, 2008 · No Comments

Senior Member Howell's decision in Crawford v Kennedy [2008] VCAT 5 begins:
'Mr. Gilbert Crawford was a defendant in proceedings to be heard in the Magistrates’ Court on 29 March 2006. He was impressed by [the late] Mr. Peter [H] QC when he saw Mr. [H] on a television programme. Mr. Crawford went to [...]

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Tags: Ethics · Negligence · Uncategorized · litigation ethics

Webcasts of court proceedings

January 24th, 2008 · No Comments

'Your Honours, counsel, my name is Gerry Hall and I am the attorney representing Lyndell Howard, the defendant in this case.  You know, I got up early this morning and I reviewed the trial court pleadings, and the motions we had filed there in the trial court, the transcripts of some of the testimony.  I [...]

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Tags: Uncategorized

WARNING: costs agreements and bills require amendment

January 21st, 2008 · No Comments

Update, February 2008: the rate has increased from 8.75% to 9%.  For more, see this post.
Original post: Since 6 December 2007, the maximum interest chargeable on bills has dropped from 12% (the penalty interest rate) to 8.75% (the Reserve Bank Target Rate +2%), and the period of non-payment after which you can begin charging [...]

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Tags: Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs · costs disclosure defaults

How to calculate interest on post-5 December 2007 bills in Legal Profession Act, 2004 (Vic.) matters

January 20th, 2008 · 1 Comment

Update, 8 February 2008: from 5 February, the rate has been increased to 7%, so on bills from then on, interest at the rate of 9% per annum may be claimed so long as the bill states that that is the rate which will accrue. Remember, interest accrues on post-4 February bills at 9% and [...]

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Tags: Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs

2007 a review: law and war

January 1st, 2008 · 1 Comment

Happy new year, readers. 2007 was a big one for me, and it seems that lots of interesting things happened. So I made a list.
The Bar: My senior mentor, Peter Riordan SC, was elected Chairman of the Bar Council. Peter Hayes QC died, and the Ethics Committee took Peter Faris to task for commenting to [...]

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Tags: Judges · Law Blogs · VCAT