Tweet 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 [...]
Entries Tagged as 'duty and interest'
What happens if you root your matrimonial client’s wife?
October 7th, 2010 · 3 Comments
Tags: conflicts · Discipline · duty and interest · Ethics · Sex and drugs
NSW suspends corrupt lawyer after raid on home
September 27th, 2010 · No Comments
Tweet 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 [...]
Tags: conflicts · duty and interest · Ethics · Suspension
Conflict of duties and the limited retainer
April 12th, 2009 · 2 Comments
Tweet 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 [...]
Tags: concurrent duties · conflicts · duty and duty · duty and interest · Ethics · Fiduciary duties
Lawyers and the criminal law
September 16th, 2008 · 2 Comments
Tweet 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 [...]
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
Tweet 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 [...]
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
Tweet 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 [...]
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
Tweet 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 [...]
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
Tweet 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 [...]
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
Tweet 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 [...]
Tags: conflicts · duty and interest · Ethics · Professional regulation · regulators' duties
Updates: big words, Texan legal writing, conflicts of duties
May 27th, 2007 · No Comments
Tweet In my post “Judge uses big word”, I commented on President Mason’s use of “tergiversation”. Now David Starkoff at Inchoate has noted another’s analysis of the odds of each of the High Court judges other than Justice Kirby being responsible for the appearance of “epexegetical” (which seems to mean “explanatory in a way supplementary [...]
Tags: concurrent duties · conflicts · current client and past client · duties of confidentiality · duty and duty · duty and interest · Ethics · Fiduciary duties · interest of associate · Judges · Legal writing

