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

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Entries Tagged as 'conflicts'

Costs in settlements of claims by persons under disability

July 15th, 2014 · No Comments

Associate Justice Lansdowne has released for publication an edited transcript of reasons her Honour gave in Chan v Falls Creek Alpine Resort Management Board for not approving a proposed compromise of the claim of a person under a disability. The citation for the decision is  [2014] VSC 314.  ‘Disability’ in this sense is a term of […]

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Tags: conflicts · duty and interest · Ethics · Party party costs

The delicious perils of qua; on suing yourself

January 30th, 2012 · No Comments

Update: I knew that the study of autolitigation would be nicely developed somewhere. Former barrister Malcolm Park brought to my attention his article that was published in (Winter 1992) 81 Bar News 79-80, ‘On Both Sides of the Record': ‘It is accepted law that a person cannot appear as plaintiff and defendant in the same […]

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Tags: concurrent duties · conflicts · Legal writing

Plaintiff’s barrister restrained from acting after communicating directly with defendant

November 2nd, 2011 · 1 Comment

Allison v Tuna Tasmania Pty Ltd [2011] TASSC 52 is a case decided on the rarest ground for restraining a lawyer from acting, namely that ‘A fair minded reasonably informed member of the public would conclude that the proper administration of justice requires that the lawyer be prevented from acting in the interests of the protection […]

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Tags: conflicts · Ethics · litigation ethics

What happens if you root your matrimonial client’s wife?

October 7th, 2010 · 3 Comments

America’s excellent Professional Responsibility Blog, to which I have added a link in my blogroll, is published by Professor Alberto Bernabe of Chicago.  He has gathered together the answers, in America at least.  In the latest eruption of lust in connection with legal practice, which involved only an attempt, the Indiana Supreme Court just told […]

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Tags: conflicts · Discipline · duty and interest · Ethics · Sex and drugs

NSW suspends corrupt lawyer after raid on home

September 27th, 2010 · No Comments

An ICAC enquiry resulted in a finding that a senior lawyer at NSW Maritime was corrupt following Operation Vargus: their report is here. That agency oversees marine safety and strategy in all things to do with the sea for the State Government.  Tonette Kelly was moonlighting, working a 100 client, $120,000 a year private conveyancing […]

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Tags: conflicts · duty and interest · Ethics · Suspension

NSW’s latest spin on Spincode’s duty of loyalty

June 8th, 2010 · No Comments

In Cleveland Investments Global Ltd v Evans [2010] NSWSC 567, Justice Ward reviewed the authorities spinning off Spincode Pty Ltd v Look Software Pty Ltd [2001] VSCA 248; (2001) 4 VR 501, in which Justice of Appeal Brooking set out his views in relation to the ‘duty of loyalty’ as a grounds for restraining solicitors […]

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Tags: conflicts · current client and past client · duties of confidentiality · Ethics

Commissioner’s obligation to charge dishonesty if he intends to allege it

December 4th, 2009 · No Comments

Relatively recently, I posted on the question of whether a Bureau de Spank desiring to rely on a practitioner’s dishonesty or other form of conscious wrongdoing must expressly allege it in the charge, and discussed Walter v Council of Queensland Law Society Incorporated (1988) 77 ALR 228 at 234; [1988] HCA 8.  Now, in Legal […]

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Tags: amendment · appeals · concurrent duties · conflicts · current client and past client · Discipline · duty and duty · Ethics · jurisdiction · Legal Profession Act · Legal Services Commissioner · Misconduct · natural justice · Practising certificates · procedure · Professional regulation · Striking off · Trust money · trust monies · wilful disregard for rules

Conflict applications to restrain opposing solicitors from acting not interlocutory

August 19th, 2009 · No Comments

In Legal Practice Board v Lashanky [2008] WASC 294, the Supreme Court of Western Australia’s Justice Chambers said that applications to restrain solicitors from acting are not interlocutory applications, so that affidavit evidence may not be given from information and belief (i.e. the hearsay prohibition is not relaxed as it is for interlocutory applications): ’29 […]

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Tags: conflicts · current client and past client · Ethics

Conflict of duties and the limited retainer

April 12th, 2009 · 2 Comments

This is a post about David v David [2009] NSWCA 8 (the decision at first instance is at [2007] NSWSC 855). Karl Suleman has been good to professional negligence lawyers.  He procured other Assyrians to invest in excellent sounding supermarket trolley schemes.  ‘Give me $50,000′, he said to one investor, ‘and shopping trolleys will pay […]

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Tags: concurrent duties · conflicts · duty and duty · duty and interest · Ethics · Fiduciary duties

Latest on whether solicitors engage in trade or commerce: part I

March 1st, 2009 · No Comments

Leong v J P Sesto & Co [2009] VCAT 99 is the latest in the on-again off-again saga of whether solicitors engage in trade or commerce, and, whether, if not, it means that VCAT does not have jurisdiction over claims involving them, and if so, which claims. Senior Member Vassie considered the question in the […]

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Tags: conflicts · defences · Fair Trading Act · Negligence