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

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Entries Tagged as 'interest of associate'

Updates: big words, Texan legal writing, conflicts of duties

May 27th, 2007 · No Comments

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 to […]

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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

Roisin Annesley’s Victorian Barristers’ practice guide

October 29th, 2006 · No Comments

The Bar has produced a practice guide. It is a great achievement and stands as a beacon for the Law Institute’s future efforts at promulgating knowledge of the practice rules. The Bar actually has something called the Professional Standards Education Committee. Written by Roisin Annesley, it was launched by Victoria Marles, the Legal Services Commissioner […]

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Tags: "professional negligence" · Book reviews · concurrent duties · conflicts · costs disclosure defaults · costs disputes · current client and past client · Discipline · duties of confidentiality · duties regarding witnesses · duty and duty · duty and interest · duty to court · Ethics · interest of associate · Legal Profession Act · litigation ethics · Negligence · No win no fee · procedure · Professional fees and disbursements · Retainers · setting aside costs agreements

Detailed new conflict rules commence in England

October 22nd, 2006 · No Comments

Solicitors’ Practice (Conflict) Amendment Rule 2004 (1) (Introduction) (a) This rule sets out provisions for dealing with conflicts of interest other than those conflicts in relation to conveyancing, property selling or mortgage related services which are dealt with in rule 6. (b) This rule applies to a regulated individual and a regulated practice. (c) Conflicts […]

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

Misconduct in acting in face of duty and associate’s interest conflict

April 24th, 2006 · No Comments

Legal Services Commissioner v JAF [2006] VCAT 581 (Cullity, Shattock, Hannebury) Acting for vendor and purchaser; conflict between duty and interest (of solicitor’s associate) The Full Tribunal were not impressed with this solicitor who acted for the vendor and the purchaser which was a trust of which his wife was a beneficiary, but did the […]

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Tags: appeals · concurrent duties · conflicts · Discipline · duty and interest · interest of associate · Legal Practice Act · Misconduct