6 Novebmer 2007 Update: Nick Papas is giving a lecture at the LIV on Ethics and Criminal Law on 3 December 2007. The flier reads:
'Practice in Criminal Law often involves high profile cases that attract enormous attention in the media. Media scrums thrust cameras and microphones forward in the hope of some comment.
How should criminal [...]

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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 [...]

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I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser's excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It's good, and there are substantial additions since [...]

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This is a workmanlike little post, designed simply to trap into the world of this blog for when I need them next in court the legal principles discussed in Acting President Bowman's decision in ZGW v Legal Services Board [2007] VCAT 1406, casenoted in the previous post. The parties' arguments are also reproduced below [...]

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Update, 21 August 2007: Latest case on the implied undertaking:  Street v Hearne [2007] NSWCA 113.
When a person comes into possession of documents through legal compulsion, they are under an implied obligation not to use them for any purpose but the purpose for which the compulsion operates. Most lawyers know the rule insofar as [...]

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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; and
Zurich Professional [...]

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ZG-W v CCW (a firm) (2007) VSC 235 is the latest in the saga of the Legal Practice Board's practising certificate cancellation of Melbourne's best known female criminal lawyer. She has succeeded in having the Board's lawyers enjoined from acting further for the Board on the relatively rare basis that it would bring the administration [...]

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America's Legal Profession Blog had posted yesterday on a conflicts case about what we in Australia would call "the getting to know you factors". The case was Hurley v Hurley, decided on 22 May 2007 by a 5 judge bench of the Maine Supreme Judicial Court. The background is that a lawyer may be [...]

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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 [...]

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Herbert Smith, an English firm, have written a little note about Brown v Rice & Patel [2007] EWHC 625 (Ch). The decision does not come to any startling conclusions, but recaps the more recent English decisions on without prejudice privilege, and is accordingly worth noting. [...]

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