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

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Entries Tagged as 'Client Legal Privilege'

Privilege and disciplinary investigations

August 8th, 2016 · 1 Comment

Lawyers have an obligation proactively to assert and protect the privilege enjoyed by their clients and former clients: Re Stanhill Consolidated Ltd [1967] VR 749 at 752. I wrote about it in this post about the Legal Profession Act 2004 (Vic).  Lawyers have no implied or, I would suggest, ostensible authority to waive privilege belonging to former […]

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Tags: Client Legal Privilege · Discipline · Legal Services Commissioner · National Profession Uniform Law · Retainers

White Industries v Flower & Hart: unfounded allegations of fraud

January 25th, 2014 · No Comments

This post is a case note of Justice Goldberg’s famous decision in White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169; [1998] FCA 806 as well as of associated decisions and surrounding controversy.  Because it is what I am working on at the moment, it concentrates on that part of the […]

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Tags: Abuse of process · Alleging fraud & misconduct · Client Legal Privilege · duties regarding witnesses · duty to court · Ethics · litigation ethics · Professional fees and disbursements · Wasted costs

Privilege in a time sheet?

May 17th, 2011 · No Comments

Can a lawyer’s bill be subject to client legal privilege (the Evidence Act, 2008‘s equivalent of the common law’s legal professional privilege)? Can a lawyer’s time sheet be privileged? Yes, if they disclose privileged information, the Supreme Court’s Justice Vickery has reiterated in Hodgson v Amcor Ltd [2011] VSC 204 at [53] to [65] (despite […]

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Tags: Client Legal Privilege · Evidence · Professional fees and disbursements · Solicitor client bills of costs

Anonymous tip-offs and litigation privilege

August 17th, 2010 · No Comments

The Supreme Court of New Zealand, their equivalent of our High Court, handed down a decision on the litigation limb of legal professional privilege on 12 August 2010.  Chief Justice Elias, with whom the rest of the Court agreed, held that: privilege could attach to an anonymous provision of information to a litigant (who happened […]

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Tags: Client Legal Privilege · Evidence

Another case on privilege and in-house counsel

June 30th, 2010 · No Comments

I never manage to keep up with all the cases about whether in-house counsel’s communications with others in their company may attract legal professional privilege, and if so in what circumstances. I do know that you would want to take great care in preparing affidavits in support of such a claim. The latest decision is […]

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Tags: Client Legal Privilege · Evidence

The ‘it just popped out’ defence to implied waiver

June 23rd, 2010 · No Comments

In Tulloch (deceased) v Braybon [2010] NSWSC 640, a witness was being cross-examined.  He answered a question responsively.  Then, he added some unresponsive material, and it was argued that this little unexpected and unresponsive addendum meant that it had become unfair to maintain client legal privilege over some associated subject matter. Justice Brereton held that […]

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Tags: Client Legal Privilege · Evidence

Legal professional privilege and disciplinary complaints by non-clients

June 16th, 2010 · 4 Comments

If you are a solicitor and someone other than your client or former client has lodged a disciplinary complaint against you in Victoria, you should not disclose the subject matter of any communications to which legal professional privilege attaches, or might arguably attach, unless you are instructed to do so by your client or former […]

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Tags: Client Legal Privilege · Discipline · duties of confidentiality · Ethics · Evidence · Legal Profession Act · Legal Services Commissioner · procedure · regulators' duties

Latest decision on implied waiver upon suing former solicitors

April 26th, 2010 · No Comments

In Schulman v Abbot Tout Lawyers (a firm) t/a Abbott Tout Solicitors [2010] FCA 308, a plaintiff sued his former lawyers for misleading and deceptive conduct.  At the same time as the misleading representations, which were in the nature of legal advice, were alleged to have been made by them to him, he had been […]

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Tags: Client Legal Privilege · legal professional privilege · Negligence

Changes to legal professional privilege operate retrospectively

March 4th, 2010 · No Comments

They’ve changed the law in relation to legal professional privilege on us. The common law has been abolished, at least in relation to compulsory processes (discovery, subpoenas, interrogatories, notice to produce) in fora where the new Evidence Act, 2008 applies, and the adduction of evidence in those fora. Two legal professional privilege regimes are now […]

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Tags: Client Legal Privilege · Evidence · legal professional privilege · VCAT

Yet another implied waiver case: Paragon Finance Plc v Freshfields (a firm)

January 25th, 2010 · No Comments

Several recent posts have been about the implied waiver which is said to be an incident of clients suing their former solicitors for negligence.  They are simply case notes.  Some of the cases are English.  All were decided under a law different from that which from 1 January 2010 applies in Victorian court proceedings, a […]

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Tags: Client Legal Privilege · Evidence