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

The Australian Professional Liability Blog random header image

Entries Tagged as 'legal professional privilege'

Latest decision on implied waiver upon suing former solicitors

April 26th, 2010 · No Comments

In Schulman v Abbot Tout Lawyers (a firm) t/a Abbott Tout Solicitors [2010] FCA 308, a plaintiff sued his former lawyers for misleading and deceptive conduct.  At the same time as the misleading representations, which were in the nature of legal advice, were alleged to have been made by them to him, he had been […]

[

Tags: Client Legal Privilege · legal professional privilege · Negligence

Changes to legal professional privilege operate retrospectively

March 4th, 2010 · No Comments

They’ve changed the law in relation to legal professional privilege on us. The common law has been abolished, at least in relation to compulsory processes (discovery, subpoenas, interrogatories, notice to produce) in fora where the new Evidence Act, 2008 applies, and the adduction of evidence in those fora. Two legal professional privilege regimes are now […]

[

Tags: Client Legal Privilege · Evidence · legal professional privilege · VCAT

Beneficiaries, executors, trustees, and privilege

March 17th, 2009 · No Comments

Update, 19 August 2009: See now also Gray v BNY Trust Company of Australia Limited (formerly Guardian Trust Australia Limited) [2009] NSWSC 789. Original post: In the last post, I mentioned that the claimant beneficiary was not allowed to see the solicitor’s file, despite having initiated a costs dispute with the executor’s solicitor. A recent […]

[

Tags: Executors · legal professional privilege

Latest on privilege waiver by plaintiff in solicitor’s negligence case

March 9th, 2009 · No Comments

Here is the latest case about that form of implied waiver of legal professional privilege by a former client plaintiff who sues his former solicitors for negligence: Artistic Builders Pty Ltd v Nash [2009] NSWSC 102.  In this case, the plaintiff sued two successive sets of lawyers in the one proceeding. Inspection was granted of […]

[

Tags: legal professional privilege · Negligence

Seems the implied waiver hystericals were right after all

July 16th, 2008 · No Comments

Lawyers Weekly has an article by some folk at Allens noting Justice Branson’s decision in Rich v Harrington [2007] FCA 1987, a mega anti-discrimination suit brought by Christina Rich, a former partner of PricewaterhouseCoopers Australia against the other partners. There are so many privilege cases which come out, it’s hard to know which ones to […]

[

Tags: legal professional privilege

Getting documents out of insurers

December 3rd, 2007 · No Comments

If I recall correctly, one of my first contested hearings as a young solicitor was about whether the claim for privilege over a loss adjuster’s report in an affidavit of documents drafted by me was kosher.  I went on to write an article on the subject in that august journal, the newsletter of Women in […]

[

Tags: Client Legal Privilege · legal professional privilege

Yet another corporate counsel privilege case; the US position.

November 28th, 2007 · 1 Comment

Even though legal professional privilege, duties of confidentiality, and other evidentiary privileges are something I try to keep up with, and though I have just advised a litigation funder on the subject, I would be challenged by an urgent brief to argue the privilege of a communication between in-house counsel and a staff member or […]

[

Tags: duties of confidentiality · Ethics · legal professional privilege

Father instructs lawyer as daughter’s agent then daughter sues him: whose privilege?

November 16th, 2007 · No Comments

Here’s a weird old privilege case: Sugden v Sugden [2007] NSWCA 312. A minor from Orange in rural NSW suffered bad injuries in a car crash while she was driving. She was on L plates and her father was supervising. Since she was all banged up and in the Royal North Shore Hospital in Sydney, […]

[

Tags: duties of confidentiality · Ethics · legal professional privilege · Retainers

The US position on legal professional privilege for in-house counsel communications

November 16th, 2007 · No Comments

Here’s the state of the law in the US on the vexed issue of whether companies can assert legal professional privilege (aka client legal privilege) for the advice of employed lawyers (aka in-house counsel).  It discusses the case of In re Vioxx Prods. Liab. Litig., 501 F.Supp.2d 789 (E.D. La. 2007)

[

Tags: duties of confidentiality · legal professional privilege

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

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 the first […]

[

Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · conflicts · defences · Discipline · doctors · duties of confidentiality · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · legal professional privilege · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · two bites at the cherry · Uncategorized · Wasted costs