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

The Australian Professional Liability Blog random header image

Entries Tagged as 'duty and interest'

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 […]

[

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

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 […]

[

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 […]

[

Tags: conflicts · duty and interest · Ethics · Suspension

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 […]

[

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

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 […]

[

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

Kylie’s one-time lawyer goes down, with a ‘disgraceful and dishonourable’ finding

August 28th, 2008 · No Comments

On 13 August 2008, Deputy President O’Dwyer found charges of misconduct at common law made out against Kylie Minogue’s one-time solicitor, the man towards the centre of the government’s Operation Wickenby investigation, Michael Brereton. See Legal Services Commissioner v Brereton [2008] VCAT 1723. Mr O’Dwyer found he had transferred more than $2.3 million of clients’ […]

[

Tags: "disgraceful and dishonourable" · common law · conflicts · Discipline · duty and interest · Legal Practice Act · Legal Services Commissioner · Misconduct · prosecutorial failures · Trust money

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 […]

[

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

Application by appellant to remove respondent’s trial counsel from appeal dismissed

February 5th, 2008 · No Comments

In Chen v Chan [2008] VSCA 2, President Maxwell and Justice of Appeal Redlich dismissed an application by the appellant for an order enjoining the respondent’s solicitor and counsel from acting in the appeal. The applicant alleged that there had been wrongdoing by the respondent’s lawyers at the trial. In fact that was one of […]

[

Tags: Abuse of process · concurrent duties · conflicts · duty and interest · duty to court · Ethics · litigation ethics · Professional regulation

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 […]

[

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

The regulator’s regulator, the Ombudsman, criticises Migration Agents’ bureau de spank

June 28th, 2007 · No Comments

The Ombudsman has been looking into the performance of a regulator, MARA, the Migration Agents Registration Authority. He was critical. His press release is here, the full report here. Reproduced below are the bits about impartiality and the avoidance of conflicts of duties ‘in the case where an industry representative body is also the regulatory […]

[

Tags: conflicts · duty and interest · Ethics · Professional regulation · regulators' duties