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

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Entries Tagged as 'costs disputes'

What can barristers charge for?

April 21st, 2017 · No Comments

I gave a presentation at the really well organised Junior Bar Conference this year.  The Bar sought questions which the junior barristers who attended wanted answers to.  One question, which I thought odd, but which I answered  earnestly, was ‘What can a barrister charge for?’  This was my answer: The starting position is freedom of […]

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Tags: Costs agreements · Costs Court · costs disclosure defaults · costs disputes · Legal Profession Uniform Law · No win no fee · Professional fees and disbursements · Wasted costs

Legal Services Commissioner’s new decision making powers

October 11th, 2016 · No Comments

The Victorian Legal Services Commissioner has published a report on his new proactive regulation of the profession.  It tells how risk profiles of practices are being constructed with the assistance of academics to target trust audits and audits of firms more generally (a new thing for law practices which are not ILPs).  It also tells […]

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Tags: costs disputes · Discipline · Legal Profession Uniform Law · Legal Services Commissioner · National Profession Uniform Law · Professional fees and disbursements · Taxations

When can lawyers contract out of taxation? (part 1)

December 6th, 2015 · No Comments

Often enough, lawyers would love to avoid having their costs taxed.  Under the repealed but still operative Legal Profession Act 2004, lawyers could contract out in advance of the obligation to have their fees reviewed by taxation with ‘sophisticated clients’, but I do not recall ever having seen anyone attempt to do so. When lawyers […]

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Tags: Costs agreements · costs disclosure defaults · costs disputes · Legal Profession Act · Professional fees and disbursements · setting aside costs agreements · Taxations · The suit for fees

Free tickets to a great seminar

July 29th, 2013 · No Comments

I’m chairing what should be a great seminar for litigators at Melbourne’s RACV Club on 28 August 2013.  Judicial Registrar Meg Gourlay who is one of the two decision makers who is handling most of the solicitor-client taxations in the State at the moment is the lead singer, talking about the changes to Order 63 […]

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Tags: costs disputes · Professional fees and disbursements · Solicitor client bills of costs · Taxations

Client joy to abound in draft national profession legislation’s costs provisions

September 11th, 2011 · 3 Comments

For a long time after the new national profession legislation is introduced, if it is introduced in its present form, many lawyers are likely to find themselves restricted to charging scale, and not being able to recover their costs until there has been a taxation in the Costs Court, even when they have negotiated a […]

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Tags: Costs agreements · costs disclosure defaults · costs disputes · No win no fee · Professional fees and disbursements · setting aside costs agreements · Solicitor client bills of costs · Taxations · The suit for fees

Misconduct and Costs

September 2nd, 2011 · 2 Comments

I’m giving a seminar on Wednesday: see http://bit.ly/npDJVY.  I’m talking about Misconduct and Costs. The Supreme Court of Victoria’s Costs Judge, Associate Justice Jamie Wood, is talking about best practice in taxations of costs, and Liz Harris, the founder of Harris Costs Lawyers, is talking about costs agreements and risk management.  I think it’s going […]

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Tags: Costs agreements · costs disclosure defaults · costs disputes · Professional fees and disbursements · Solicitor client bills of costs · Taxations

Lodging a civil complaint with the Legal Services Commissioner limits you to compensation of $25,000 per complaint

January 25th, 2011 · No Comments

First of all, happy new year! The take-home point of this post is that if you lodge a civil complaint (e.g. a pecuniary loss dispute or a costs dispute) with the Legal Services Commissioner, you limit the amount of compensation you can get in VCAT to $25,000 because of s. 4.3.2(1)(c) of the Legal Profession […]

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Tags: costs disclosure defaults · costs disputes · Fair Trading Act · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · Professional fees and disbursements · VCAT

Costs disclosure obligations and consequences of not complying: part 1

December 20th, 2010 · No Comments

Here begins a series of posts on costs disclosure obligations under the Legal Profession Act, 2004, and the consequences of not complying with them.  It is a work in process, and I would be grateful for any experiences of this area of the law you might have, and any authorities of interest which I have […]

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Tags: costs disclosure defaults · costs disputes · Legal Practice Act · Legal Profession Act · Professional fees and disbursements

Solicitors’ retainers have implied term of efficiency

July 30th, 2010 · No Comments

In Michaels v Daley [2010] VCAT 1205, Senior Member Howell advised that: ’12    It usually is an implied term of the engagement of a legal practitioner, at hourly rates, that the work will be performed efficiently. It is an implied term of the kind that “goes without saying”, to adopt the phrase used by the […]

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Tags: costs disputes · Professional fees and disbursements · Retainers · Taxations · The suit for fees

Protected: How to deal with a Legal Services Commissioner complaint

July 14th, 2009 · Enter your password to view comments.

There is no excerpt because this is a protected post.

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Tags: costs disclosure defaults · costs disputes · Professional fees and disbursements · Professional regulation · VCAT · Vic Solis' Conduct Rules