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

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Entries Tagged as 'litigation ethics'

Danger lurks in settling a disciplinary complaint against a lawyer

November 5th, 2007 · No Comments

A man hired a firm. Then he hired a new solicitor. He had not paid the fees of counsel retained by the first firm, for which the first firm was responsible for paying to the barrister. The first firm handed over its files to the new solicitor upon receiving an undertaking from [...]

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Tags: "disgraceful and dishonourable" · Ethics · Misconduct · Unsatisfactory conduct · duties regarding witnesses · litigation ethics

Peter Faris's comments about drugs and the Bar

November 4th, 2007 · 1 Comment

Update, 10 June 2008: The Bar's Ethics Committee dropped the investigation without giving reasons.
Update, 23 November: The press just can't seem to believe that anyone would be called Issac Brott, inevitably reverting to the more plausible Isaac Brott. And nor do they seem to be reading this blog. Here's The Australian again claiming the [...]

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Tags: Discipline · Ethics · advertising · duties of confidentiality · litigation ethics · procedure · regulators' duties

Barristers and the media

November 4th, 2007 · No Comments

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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Tags: Ethics · advertising · duties of confidentiality · litigation ethics

25 handy hints on affidavits in Victoria

October 4th, 2007 · No Comments

I presented a seminar with Glenn McGowan SC on affidavits and written evidence recently. I wrote a long paper, mainly about the state courts, but incorporating some aspects of Federal Court procedure, which I will send to anyone who asks for a copy, and which will probably end up on the blog replete with useful [...]

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Tags: Ethics · Uncategorized · duties regarding witnesses · duty to court · litigation ethics

Arbitrators slice $40 million off plaintiff lawyers' breast implant proceedings fees

July 20th, 2007 · No Comments

22 July Update: what may be the first ever legal blog, and without doubt one of the best, Overlawyered hasĀ  a link to the arbitrator's ruling, and links to some old posts dealing with the interlocutory stages of the case. And here's Law.com's article.
Houston plaintiff lawyer John O'Quinn has been ordered to repay clients $40 [...]

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Tags: Ethics · Fiduciary duties · Misconduct · Professional fees and disbursements · Solicitor client bills of costs · Taxations · costs disclosure defaults · gross overcharging · litigation ethics

Contracting out the dirty work

June 14th, 2007 · No Comments

Via Freivogel on Conflicts: The New York County Lawyers' Association has published an ethics opinion on the propriety of hiring investigators to communicate with counterparties in ways which would be unethical for the lawyer hiring them. Prima facie improper with only very limited exceptions, they say. Unless what is contemplated is pre-litigation, it seems to [...]

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Tags: Discipline · Ethics · Vic Solis' Conduct Rules · litigation ethics

The American version of the Briginshaw standard of proof

May 20th, 2007 · No Comments

In a stinging dissent against the conclusion of a majority of the Supreme Court of Washington that a lawyer had breached a conflict of duties rule in representing multiple parties, one judge set out what sounds a lot like the US version of the Briginshaw standard of proof which prevails in Australian and English disciplinary [...]

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Tags: Discipline · Ethics · Sharing receipts with non-lawyers · concurrent duties · conflicts · duty and duty · litigation ethics

Public reprimand for intemperate written submissions

May 13th, 2007 · No Comments

A Delaware attorney has been publicly reprimanded for intemperate written submissions. The judgment goes through the American superior court law on where the boundary between zealous advocacy and impermissibly intemperate attack lies. Great minds differed; the Supreme Court overturned a decision of the Board of Professional Responsibility which found that the language did not warrant [...]

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Tags: Discipline · duty to court · litigation ethics

Kansas Supreme Court on the rule against direct communication with opponent's clients

April 29th, 2007 · No Comments

The Supreme Court of Kansas yesterday published a judgment — In the Matter of E. Thomas Pyle, III — which is interesting on a number of fronts. The first is that Pyle was disciplined for writing a letter which criticised an adverse disciplinary ruling against him. The second is that he was disciplined for failing [...]

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Tags: Discipline · Striking off · litigation ethics

Misconduct charge no. 21 against Victorian silk stayed as abuse of process

April 16th, 2007 · No Comments

The latest and possibly last chapter in the tribulations of Victoria's most senior female silk is to be found in M v VCAT [2007] VSC 89, a decision of Justice Mandie. The barrister was charged on 4 July 2005 with 24 charges of misconduct, and ended up after a hearing of the first [...]

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Tags: Abuse of process · Discipline · Ethics · Legal Practice Act · Misconduct · amendment · duty to court · judicial review · litigation ethics · procedure · prosecutorial failures · prosecutors' duties · reckless disregard for rules