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

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Entries Tagged as 'gross overcharging'

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 [...]

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

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 [...]

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Tags: Misconduct · Professional fees and disbursements · gross overcharging

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

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 $40 [...]

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

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 [...]

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Tags: Discipline · Misconduct · Professional fees and disbursements · appeals · gross overcharging · 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 [...]

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Tags: "question of law" · Discipline · Legal Practice Act · Misconduct · Professional fees and disbursements · Striking off · appeals · gross overcharging · mental illness · prosecutorial failures · 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 precedent [...]

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Tags: Discipline · costs · gross overcharging · prosecutorial failures