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

The Australian Professional Liability Blog random header image

Entries Tagged as 'gross overcharging'

Yet more on the obligation on Legal Services Commissioners to plead their case properly and stick to it

August 7th, 2016 · No Comments

Legal Services Commissioner v AL [2016] QCAT 237 is a decision of a disciplinary tribunal presided over by Justice David Thomas, President of QCAT and a Supreme Court judge. It is therefore of high persuasive value, and treats Queensland provisions which are the same as the equivalent Victorian provisions. And it provides what I suggest with […]

[Read more →]

Tags: Alleging fraud & misconduct · Briginshaw · Discipline · Dishonesty · Evidence · fraud · gross overcharging · jurisdiction · litigation ethics · natural justice · negligence as disciplinary breach · procedure · Professional fees and disbursements · prosecutorial failures · prosecutors' duties · Taxations · Unsatisfactory conduct · Wasted costs

Gross overcharging penalties surveyed

February 29th, 2012 · No Comments

In Legal Profession Complaints Committee v PJO’H [2011] WASAT 95 (S), delivered on 20 February 2012 and not yet on Austlii, the Tribunal helpfully reviewed the penalties awarded in the gross overcharging cases over the years before suspending the respondent from practice for 6 months (the Committee wanted 18).  Two other things are notable about […]

[Read more →]

Tags: Costs agreements · gross overcharging · Misconduct · Professional fees and disbursements

Should the liability for costs of a disciplinary prosecution impact on the level of punishment?

September 6th, 2011 · 1 Comment

The answer is, at least in NSW — Yes. In Legal Services Commissioner v MB (No 3) [2009] NSWADT 313, a tribunal presided over by Deputy President Haylen gave the following reasons for punishing the respondent solicitor for gross-overcharging with a fine of $6,500: ‘The Tribunal accepts that the fine should be at the lower […]

[Read more →]

Tags: costs · Discipline · gross overcharging · procedure

Lawyers and the criminal law

September 16th, 2008 · 2 Comments

Reproduced below is a blog post about ‘bill padding’ from the US site, Legal Blog Watch. That is where lawyers say work took them longer than it really did, and so charge commensurately more, or even make up the fact that they did work, and charge for it. Sometimes I read articles like this and […]

[Read more →]

Tags: "disgraceful and dishonourable" · conflicts · Criminal liability · Discipline · duty and interest · gross overcharging · Law Blogs · Misconduct · Professional fees and disbursements · Solicitor client bills of costs · Taxations

Lawyers’ fees are hot news all of a sudden

June 14th, 2008 · 1 Comment

Update, 26 June 2008: The managing partner of the controversial NSW personal injury practice referred to below was fined $10,000 by the Administrative Decisions Tribunal’s Legal Services List for advertising in contravention of conduct rules despite a prior warning from the Legal Services Commissioner.  One wonders whether any enquiry was entered into about how much […]

[Read more →]

Tags: gross overcharging · Misconduct · Professional fees and disbursements

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 to town, […]

[Read more →]

Tags: gross overcharging · Misconduct

Arbitrators slice $40 million off plaintiff lawyers’ breast implant proceedings fees

July 20th, 2007 · No Comments

22 July Update: what may be the first ever legal blog, and without doubt one of the best, Overlawyered has  a link to the arbitrator’s ruling, and links to some old posts dealing with the interlocutory stages of the case. And here’s Law.com’s article. Houston plaintiff lawyer John O’Quinn has been ordered to repay clients […]

[Read more →]

Tags: costs disclosure defaults · Ethics · Fiduciary duties · gross overcharging · litigation ethics · Misconduct · Professional fees and disbursements · Solicitor client bills of costs · Taxations

And another Court of Appeal sets aside another gross overcharging conviction

June 29th, 2007 · No Comments

As reported in today’s Australian Financial Review, the NSW Court of Appeal has told the Administrative Decisions Tribunal’s Legal Services Division that it got it wrong when it found a Sydney solicitor guilty of gross overcharging. The case is  LN v Legal Services Commissioner  [2007] NSWCA 130  Though the solicitor signed the bill, he did […]

[Read more →]

Tags: appeals · Discipline · gross overcharging · Misconduct · Professional fees and disbursements · prosecutorial failures

Court of Appeal sets aside unduly harsh outcome in gross overcharging prosecution

June 28th, 2007 · No Comments

PJQ v Law Institute of Victoria[2007] VSCA 122 is the part 1 of the last chapter in a story of good tactical plays characteristic of professional discipline specialist Sam Tatarka in the representation of a solicitor charged with gross overcharging, and applying trust monies to pay his fees without the appropriate paperwork. It sounds like […]

[Read more →]

Tags: "question of law" · appeals · Discipline · gross overcharging · Legal Practice Act · mental illness · Misconduct · Professional fees and disbursements · prosecutorial failures · Striking off · wilful disregard for rules

On the perils of the undersupervised law clerk

August 23rd, 2006 · No Comments

Legal Practitioners Complaints Committee and JCB [2005] WASAT 213 A sole practitoner dictated many precedent letters for his routine suburban personal injuries practice. His law clerk of 16 years’ experience, an arts graduate and a one-time law student, did all the work in a workers compensation file: she took instructions, signed letters taken from the […]

[Read more →]

Tags: costs · Discipline · gross overcharging · prosecutorial failures