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

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Entries Tagged as 'Liens'

Qld solicitors referred to Legal Services Commissioner for demanding outrageous sum as condition for handing over file on their wrongful termination of no-win no-fee retainer

June 12th, 2011 · No Comments

Ireland v Trilby Misso [2011] QSC 127 is a sorry tale which did not end well for the solicitors who were found to have repudiated their retainer by terminating without good cause, ordered to hand over their file to Mr Ireland’s new solicitors, ordered to pay costs, and referred to the Legal Services Commissioner.  The […]

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Tags: Liens · Retainers · Vic Solis' Conduct Rules

No problem with solicitors asserting liens over passports

January 23rd, 2010 · 1 Comment

Passports remain property of the government even after they have been issued, and it is a crime to have in your possession or control the passport of another without a reasonable excuse: ss. 6A and 9A Passports Act, 1938.  A solicitor may exercise a lien over property of the client received by her in the […]

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Tags: Liens

Giant solicitors’ lien case

June 5th, 2009 · No Comments

The Supreme Court of NSW recently delivered a giant decision about a solicitor’s costs agreement and a fight over the right to possession of the solicitor’s file.  Acting Justice Debelle’s reasons in PM Sulcs & Associates Pty Ltd v Oliveri [2009] NSWSC 456 exceed 33,333 words.  Ultimately, his Honour found there was no costs agreements, with […]

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Tags: Costs agreements · Liens · Professional fees and disbursements · The suit for fees

Who You Gonna Call? Lien Busters

May 28th, 2009 · No Comments

Supreme Court judges are solicitors’ lien busters. They can bust solicitors’ liens using: 1.  (Regardless of whether or not the matter to which the file relates had anything to do with the Supreme Court) their Court’s inherent jurisdiction over its officers including Victorian solicitors, reinforced by s. 76 of the Supreme Court Act, 1986; and […]

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Tags: Liens

The lien and the solicitor who finds himself practising certificateless

November 27th, 2008 · No Comments

Update: More solicitors’ lien cases: Magnamain Investments Pty Ltd v Baker Johnson Lawyers [2008] QSC 245, and Stark v Dennett [2007] QSC 171, a case about who should be taken to have terminated the retainer and which sets out the law thoroughly. Original post: As I have already noted in these pages, Issac B was […]

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Tags: Liens · Practising certificates · Professional fees and disbursements

Breakdown in the solicitor-client relationship: ‘good cause’ for sacking the client?

July 12th, 2008 · No Comments

Update, 14 February 2009: A judge of the Supreme Court of South Australia said this in Everingham v Mullins [2000] SASC 448: ’12 The appellants maintain that Stanleys undertook an entire job and were not entitled to be paid when they were reluctant to continue the third set of proceedings. The Magistrate found: (par 28) […]

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Tags: Liens · Retainers

Ownership of documents on a solicitor’s file

May 25th, 2008 · No Comments

This post is like a case book(let) rather than a text. It sets out the raw materials which bear upon the question of who as between solicitor and client owns (in the sense of is entitled to the original of) what documents typically found in a solicitor’s file. It is very long, and largely unsummarised: […]

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Tags: doctors · Liens · Professional fees and disbursements · Retainers · Vic Solis' Conduct Rules

Wentworth v De Montfort: a case on ownership of documents in solicitors’ files

May 25th, 2008 · No Comments

This post is a companion to this longer companion post which discusses the other cases on the question of who, as between solicitor and client, is entitled to documents relating to their matter found on solicitors’ files and in their accounts. As the decision with the most detailed consideration of the question, it gets its […]

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Tags: Liens · Professional fees and disbursements

Tidy little fruits of litigation lien judgment

December 20th, 2006 · No Comments

In Khoury v Gonvales [2006] NSWSC 1290, Mr Khoury, a solicitor, got from Justice Barrett of the NSW Supreme Court a declaration that he was entitled to a fruits of litigation lien. He had acted for Mr Sef Gonzales in a suit against the executrix of the will of Teddy Gonzales, and won. Sef got […]

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Tags: Liens · Professional fees and disbursements