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

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Entries Tagged as 'legal professional privilege'

Useful propositions from Z v New South Wales Crime Commission

April 23rd, 2007 · No Comments

These propositions from Z v New South Wales Crime Commission [2007] HCA 7 may be useful in relation to matters more generally than for understanding the basis of the Court’s decision:

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

High Court on whether client’s identity can be privileged

April 23rd, 2007 · No Comments

In Z v NSW Crime Commission [2007] HCA 7, a man came to a lawyer and sought advice about the implications of anonymously passing to police information about a suspected criminal. The solicitor gave advice, and the client authorised the communication of the information to the police. The solicitor passed it on without advising his [...]

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Tags: Ethics · duties of confidentiality · legal professional privilege

Free notifications of new High Court and Vic Supreme Court cases; client legal privilege watch

April 23rd, 2007 · No Comments

I found some useful web resources yesterday. First, Peter Faris QC publishes blogs which do no more than consolidate in one place all the court-provided information (what I think of as the unreported version of a headnote) about the decisions of the High Court, Supreme Court of Victoria, and Victorian Court of Appeal. Each court’s [...]

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Tags: Ethics · Law Blogs · duties of confidentiality · legal professional privilege

The solicitor and “the other side’s witness”, part II

January 3rd, 2007 · 1 Comment

Part I is the extraordinary story of a leading labour lawyer in Melbourne who was found to have induced breach of contract in taking a statement from an ex-employee of the other side in a class action in which the lawyer was the plaintiffs’ solicitor. Unbeknownst to him, the ex-employee continued to be bound by [...]

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Tags: Ethics · concurrent duties · duties of confidentiality · duties regarding witnesses · duty and duty · legal professional privilege · litigation ethics

Mega firm escapes liability for clear negligence in limitations decision

December 7th, 2006 · 3 Comments

Winnote Pty Ltd v Page [2006] NSWCA 287 is not only a case about digging up peat for profit but a learned essay on the application of that simple little rule that you can’t sue your lawyer more than 6 years after your cause of action against him accrued. Victorian soils yield difficult legal questions: [...]

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Tags: Negligence · defences · legal professional privilege

No issue waiver of 2nd solicitor’s advice on regretted settlement made necessary by 1st solicitor’s negligent advice

August 29th, 2006 · No Comments

Banjo (NT) Pty Ltd v Ward Keller Pty Ltd [2006] NTCA 1 A tenant alleged its solicitors gave it bad advice on its obligations under a lease which led to it losing the chance to renew the lease. It said it got a new lease, but in order to do so, had to settle disadvantageously [...]

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Tags: Negligence · legal professional privilege