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

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Entries Tagged as 'negligence as disciplinary breach'

Solicitor who blatantly lied to clients for years keeps ticket

April 29th, 2008 · No Comments

Legal Services Commissioner v BH [2008] VCAT 687 is a case with terrible facts. A man died as a result of a crime. The family hired the respondent solicitor to act for them in crimes compensation applications. He lost the file some time into the second year of the retainer, but did [...]

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Tags: "disgraceful and dishonourable" · Discipline · Misconduct · common law · mental illness · negligence as disciplinary breach · prosecutorial failures

Legal Services Commissioner publishes annual report

June 30th, 2007 · No Comments

The Legal Services Commissioner's website is growing some content. Her annual report for the part-financial year ending 2006 is published there. In summary:

For those who enjoy the suffering of others, commencing at p. 22 there is a list of all the adverse disciplinary findings made by VCAT's Legal Practice List, and it names the [...]

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Tags: Discipline · Ethics · Legal Profession Act · Legal Services Commissioner · Misconduct · Negligence · Professional fees and disbursements · VCAT · conflicts · negligence as disciplinary breach

Can you be prosecuted for mere negligence?

January 17th, 2007 · No Comments

There is no doubt that mere negligence cannot constitute misconduct in the traditional concept of that expression: Myers v Elman [1940] AC 282 at 288; Re Hodgekiss (1959) 62 SR(NSW) 340 at 351; Re Veron (1966) 84 WN (Pt 1) (NSW) 136 at 143 (CA); Re Miles (1966) 84 WN (Pt1) (NSW) 163 at 173 [...]

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Tags: Discipline · Misconduct · Unsatisfactory conduct · civil-disciplinary interplay · negligence as disciplinary breach

Non-disclosure of own negligence founds unsatisfactory conduct conviction

March 31st, 2006 · No Comments

Law Institute of Victoria v PJR [2006] VCAT 293 (see the associated pecuniary loss dispute decision here)

The Law Institute prosecuted a solicitor for misconduct constituted by simply missing a time limit. That failed, as did most of the other charges. But he was convicted of unsatisfactory conduct in not telling his client for two years [...]

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Tags: Discipline · Unsatisfactory conduct · amendment · civil-disciplinary interplay · conflicts · costs · duty and interest · negligence as disciplinary breach · procedure · prosecutorial failures