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

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Entries Tagged as 'Evidence'

To accept a reprimand or not to accept a reprimand?

June 17th, 2014 · No Comments

Following a disciplinary investigation, Victoria’s Legal Services Commissioner must form an opinion as to the likelihood of VCAT finding the lawyer guilty of conduct warranting discipline.  If he is satisfied that there is a reasonable likelihood of VCAT finding the lawyer guilty of something, his options depend on what that something is.  If it’s professional misconduct, […]

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Tags: Discipline · Evidence

Self-represented solicitor guilty of misconduct for breaching a rule expressed to regulate conduct when acting for a client

May 29th, 2014 · No Comments

A Western Australian disciplinary case, Legal Profession Complaints Committee v CSA [2014] WASAT 57 is interesting in a number of ways. A criminal lawyer was the manager of a strata corporation.  She owned two units and the complainant the third. The complainant affixed an airconditioner to a wall which impeded on a common area.  She […]

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Tags: Abuse of process · Briginshaw · Discipline · Dishonesty · duty to court · Evidence · jurisdiction · litigation ethics · Misconduct · procedure · The suit for fees

Clyne v NSW Bar Association: the leading case on unfounded allegations

February 11th, 2014 · No Comments

Clyne v New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 is a unanimous decision of the Dixon Court confirming the striking off of a Sydney barrister, Peter Clyne, for making unfounded and serious allegations on behalf of a husband against the wife’s solicitor in matrimonial litigation for the admitted purpose of […]

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Tags: "disgraceful and dishonourable" · Abuse of process · Alleging fraud & misconduct · Discipline · duty to court · Ethics · Evidence · Legal writing · litigation ethics · Misconduct · prosecutors' duties · Striking off

What is a signature?

July 14th, 2013 · 1 Comment

I have spent too much of the last couple of years considering what it is for a person to sign a document, as a result of a disciplinary prosecution of my solicitor client for forgery after he wrote his wife’s name on a guarantee pursuant to a written authority and then signed his name as […]

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Tags: Evidence

Suburban solicitor tenders video of himself asking employee for sex 78 times in his own sexual harrassment case

March 28th, 2013 · No Comments

A solicitor somewhere in Melbourne’s suburbs failed in his defence of sexual harrassment claims and was ordered by VCAT’s President, Justice Garde, to pay his victim compensation of $100,000: GLS v PLP [2013] VCAT 221.  The solicitor described the complainant as a fantasist when she said that he asked her for sex in a most […]

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Tags: Briginshaw · Evidence · VCAT · VCAT Act

VCAT’s President, Justice Garde, lays out the law of the rule in Briginshaw v Briginshaw

March 28th, 2013 · No Comments

As I mention in this post, Justice Garde, VCAT’s new President, set out the law relating to the application in cases involving allegations of serious wrongdoing of the civil standard of proof helpfully and authoritatively in GLS v PLP [2012] VCAT 221: ‘The standard of proof This case concerns serious allegations levelled against Mr PLP, […]

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Tags: Briginshaw · Discipline · Evidence

Pimply youth’s fraudster Father Christmas Avondale Heights outrage

February 11th, 2013 · 1 Comment

The Victorian Court of Appeal has reversed the decision of a County Court Judge awarding $80,000 to a Father Christmas who was kicked in the knee by a pimply youth on his way from his throne to his dressing room. Judge Smith’s decision is here, the Court of Appeal’s here (Bainbridge v James [2013] VSCA […]

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Tags: Evidence

Privilege in a time sheet?

May 17th, 2011 · No Comments

Can a lawyer’s bill be subject to client legal privilege (the Evidence Act, 2008‘s equivalent of the common law’s legal professional privilege)? Can a lawyer’s time sheet be privileged? Yes, if they disclose privileged information, the Supreme Court’s Justice Vickery has reiterated in Hodgson v Amcor Ltd [2011] VSC 204 at [53] to [65] (despite […]

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Tags: Client Legal Privilege · Evidence · Professional fees and disbursements · Solicitor client bills of costs

Disciplinary prosecutors must specifically plead dishonesty

May 12th, 2011 · No Comments

In Council of the Law Society of NSW v WDC [2011] NSWADT 83, NSW’s Bureau de Spank rejected a submission of the Law Society to the effect that it should make findings of misappropriation (a necessary element of which is dishonesty) which the Law Society said it had impliedly alleged in the charge.  ‘Nonsense!’ said […]

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Tags: Discipline · Dishonesty · Evidence · fraud · procedure · prosecutors' duties

Jones v Dunkel inferences in disciplinary hearings

May 12th, 2011 · No Comments

In Council of the Law Society of NSW v Clapin [2011] NSWADT 83, NSW’s Bureau de Spank rejected a submission based on Jones v Dunkel which the Law Society said should be drawn against the solicitor, who did not give evidence: In dealing in this way with the question whether the Solicitor violated the statutory […]

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Tags: Discipline · Evidence · Penalties privilege · procedure