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

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Entries Tagged as 'duty and duty'

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 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

Solicitor gets three year break for multiple conflict findings

November 29th, 2008 · No Comments

In Legal Services Commissioner v DJMH [2008] VCAT 2301, Deputy President McNamara’s tribunal ordered the solicitor not to practice before 1 July 2011 for multiple findings of acting in the face of a conflict.  It is unfortunate that the reasons for decision do not allow an understanding of what was alleged.  It had something to […]

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Tags: civil-disciplinary interplay · common law · concurrent duties · conflicts · Discipline · duty and duty · Ethics · Misconduct

Latest Family Court lawyer’s conflict case

October 5th, 2008 · No Comments

Bracewell & Southall [2008] FamCA 687, a 13 August 2008 decision of Justice Bennett of the Family Court sitting in Melbourne is the latest on lawyers’ conflicts of duties in the context of family law — a whole relatively separate sphere of analysis of lawyers’ conflicts.  It seems to me that injunctions restraining lawyers from […]

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Tags: conflicts · current client and past client · duty and duty · Ethics

Both sides apply to restrain the other’s lawyers from acting

April 8th, 2008 · No Comments

I prepared an application to restrain a firm of solicitors from acting in a Corporations List matter in the Supreme Court recently, and so have been reading the latest cases about conflict injunctions. The very latest is TJ Board & Sons Pty Ltd v Castello [2008] VSC 91, where the plaintiff applied unsuccessfully to restrain […]

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

A non-exhaustive bibliography on lawyers’ conflicts of duties between insurer and insured

October 28th, 2007 · No Comments

Speaking, as I was in the last post, about AILA’s Geoff Masel lecture series, here is the 2006 lecture, delivered by Tony Scotford of Ebsworth & Ebsworth’s Sydney office. It is yet another contribution to the much talked about but little done about problem of insurer-appointed defence lawyers in liability claims and their potentially conflicting […]

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Tags: concurrent duties · conflicts · duties of confidentiality · duty and duty · Ethics

Solicitors’ liability paper; conflicts of lawyers acting for insurer and insured

August 8th, 2007 · No Comments

Here’s a link to a little article on the law relating to the possible conflicts of duties faced by a lawyer retained by a liability insurer to act for its insured in the defence of proceedings against the insured. It discusses 3 English cases: Brown v Guardian Royal Exchange Assurance; TSB Bank v Robert Irvin; […]

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Tags: concurrent duties · conflicts · duties of confidentiality · duty and duty · Ethics · Negligence

Freshfields partner gets whacked $140,000 over conflict of duties to concurrent clients

August 8th, 2007 · No Comments

Freshfields used to be Marks & Spencer’s go-to lawyers. Then they fell out of favour a bit. But they were still acting for Marks ‘n’ Sparks on one relatively small contract. A key partner then decided to accept instructions to act for a consortium trying to take over the supermarket chain. If the takeover went […]

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Tags: concurrent duties · conflicts · Discipline · duty and duty · Ethics

The incapacitated client

July 18th, 2007 · 1 Comment

Here’s an interesting case about lawyers, incapacitated clients, paternalism, and the right to be represented. An Alzheimers affected woman hired a beak to oppose a guardianship application brought by her brother. The court appointed another lawyer to act for her, suspecting that the man she professed to want to marry had in fact been behind […]

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Tags: concurrent duties · conflicts · duty and duty · Ethics · mental illness

Chinese wall holds up at investment bank

July 16th, 2007 · No Comments

Update, 13 November: Clayton Utz’s take on the case here. Here’s a long Sydney Morning Herald article about the latest big Chinese wall case, this time not in the context of a law firm, but of Citigroup, an investment bank. Here’s The Age‘s shorter version. The case is ASIC v Citigroup Global Markets Australia Pty […]

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Tags: concurrent duties · conflicts · duty and duty · duty and interest · Ethics · prosecutorial failures