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

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Entries Tagged as 'No win no fee'

Texas Supreme Court strikes down contingency fee agreement provision

February 10th, 2007 · No Comments

In Hoover Slovacek LLP v. Walton, Supreme Court of Texas, 3 November 2006, the Court severed a provision in a contingency fee agreement which entitled the lawyer to three-tenths of the “present value of the claim” forthwith upon termination by the client, whether for just cause or not. Instead, the lawyer recovered three-tenths of the […]

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Tags: No win no fee · Professional fees and disbursements · setting aside costs agreements

US lawyer castigated for accepting less than 1/3 contingency fee

January 27th, 2007 · 1 Comment

Thanks to Overlawyered I bring you the story of the US plaintiffs’ lawyer who has advertised for personal injury work arising out of car accidents on a 15% contingency fee basis instead of the normal 33%. The mischievous quirk of behaviour has not been particularly warmly accepted by his peers. This post looks at that […]

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Tags: No win no fee · Professional fees and disbursements

Roisin Annesley’s Victorian Barristers’ practice guide

October 29th, 2006 · No Comments

The Bar has produced a practice guide. It is a great achievement and stands as a beacon for the Law Institute’s future efforts at promulgating knowledge of the practice rules. The Bar actually has something called the Professional Standards Education Committee. Written by Roisin Annesley, it was launched by Victoria Marles, the Legal Services Commissioner […]

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Tags: "professional negligence" · Book reviews · concurrent duties · conflicts · costs disclosure defaults · costs disputes · current client and past client · Discipline · duties of confidentiality · duties regarding witnesses · duty and duty · duty and interest · duty to court · Ethics · interest of associate · Legal Profession Act · litigation ethics · Negligence · No win no fee · procedure · Professional fees and disbursements · Retainers · setting aside costs agreements

Fiduciary duties and the sophisticated client

September 7th, 2006 · 1 Comment

Gee do plaintiffs adore sprinkling a bit of fiduciary duty action into their pleadings against solicitors. Their counsel see it as moon dust. A sophisiticated plaintiff (who had been party to separate litigation which eventually culminated in a High Court case about contractual certainty) tried it on in a somewhat novel way in Equuscorp Pty […]

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Tags: Ethics · Fiduciary duties · No win no fee · Professional fees and disbursements · setting aside costs agreements

WA solicitor guilty of unprofessional conduct in “No compensation = No legal fees” ad

August 28th, 2006 · No Comments

Legal Practitioners’ Complaints Committee v SJB [2006] WASAT 201 It is a serious crime in Western Australia to advertise in a way calculated to cause a person make a personal injury claim. A solicitor ran ads headed “Injured in a road accident and made a claim? If so, read on. [footnote: If you have not […]

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Tags: advertising · Discipline · Ethics · No win no fee · Professional fees and disbursements · wilful disregard for rules