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

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Entries Tagged as 'Criminal liability'

Megafirm partner who stole to make budget gets his ticket back after long holiday

April 26th, 2008 · No Comments

The latest application for review of a decision of the Legal Services Board decision not to grant a practising certificate was in the matter of DAP v Law Institute of Victoria [2008] VCAT 688. The 57 year old solicitor and former Melbourne Cricket Club Committee member was a property lawyer at one of Melbourne's [...]

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Tags: Admission · Criminal liability · Legal Profession Act · Professional regulation · regulators' duties · trust monies

Once you've done your time, prior misconduct not an indicator of fitness to practise

April 4th, 2008 · No Comments

In JLL v Law Institute of Victoria Limited [2008] VCAT 456, a Box Hill solicitor who had paid only $5,000 of the $55,000 odd he owed under orders of the Legal Profession Tribunal was given a practising certificate by VCAT, overturning a decision of the Law Institute not to give him one on the basis [...]

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Tags: Criminal liability · Discipline · Misconduct · Professional regulation · Unsatisfactory conduct · regulators' duties

Rise of the celebrity QC and of Australian lawyer rankings

March 16th, 2008 · 1 Comment

Update, 7 June 2008: The Age's weekend magazine had a front cover profile of Dave Hughes, and the same day the June Australian Financial Review Magazine had a front cover profile of Tom Hughes. Diverse and powerful as Tom's family is, I do not think it counts Dave as a member. This is the most [...]

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Tags: Criminal liability · Discipline · Ethics · advertising

I have only respect and honour for your Honour

March 7th, 2008 · 1 Comment

Schadenfreude being a German word, I suppose this must be an example of überschadenfreude. To watch this man digging his own grave made my guts clench up with distress. An advocate turns up more than an hour late to run a criminal trial in a Las Vegas court for a man facing a life sentence. [...]

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Tags: Criminal liability · duty to court · litigation ethics

Bad bad dermatologist

March 5th, 2008 · No Comments

Update, 24 June 2008: the Herald Sun today revealed the doctor's attempt to sell his Toorak home until the sale was restrained by police, and that Slater & Gordon are suing the Medical Board for damages on behalf of the doctor's victims.  Should be interesting.  People will be suing the Law Institute next for not [...]

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Tags: Criminal liability · doctors

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

Two new cases from NSW

December 2nd, 2007 · No Comments

Here's a 37,000 word long judgment in a professional negligence case against a solicitor which began in early 2000: Rebenta Pty Ltd v Wise [2007] NSWSC 1332. It does not discuss many issues of law. The reason one might want to look at it is that it is one of those rare cases where [...]

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Tags: "disgraceful and dishonourable" · Admission · Criminal liability · Discipline · Misconduct · Negligence · common law

Former Marsdens partner struck off the roll of solicitors in NSW

November 9th, 2007 · No Comments

Here's a decision from the NSW Court of Appeal, apparently exercising original jurisdiction, in which a former partner of Marsdens in Campbellfield was struck off the roll by consent for receiving secret commissions of $180,000 amongst other things, including deceiving the investigation into that conduct: Prothonotary of the Supreme Court of NSW v Alcorn [2007] [...]

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Tags: "disgraceful and dishonourable" · Criminal liability · Misconduct · Striking off

Julian Burnside, his book and his take on the Peter Faris affair

November 5th, 2007 · 1 Comment

Julian Burnside QC is one of 4 Victorians whom I know to have had Wikipedia entries as barristers. The others are Mark Dreyfus QC, Lex Lasry QC, and Peter Faris QC. (Are there any others?) Julian Burnside has become a writer, Mark Dreyfus a federal politician, and Lex Lasry a judge of the [...]

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Tags: Criminal liability · Ethics · Legal writing · advertising

Leading, senior and respected solicitor convicted over $0.75M fraud suspended till 2013

October 13th, 2007 · No Comments

In Legal Services Commissioner v. RDS [2007] VCAT 1835, a 'leading, senior and respected member of the profession' defrauded both his client and the revenue of three quarters of a million dollars.  He had been sentenced to 3 years' imprisonment, suspended for 3 years, having pleaded guilty in the criminal court.  He cooperated with the [...]

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Tags: "disgraceful and dishonourable" · Criminal liability · Discipline · Misconduct · common law · costs · procedure