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

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Entries Tagged as 'Solicitor client bills of costs'

Too broad a range of estimates of total costs causes NSW solicitor great grief

November 30th, 2016 · No Comments

Frontier Law Group Pty Ltd v Barkman [2016] NSWSC 1542 is an ex tempore decision of Justice Slattery in an urgent application to extend the operation of a caveat lodged by solicitors over their client’s property.  The application failed in part because the solicitors did not prove, even to the prima facie level required in such […]

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Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · Solicitor client bills of costs · The suit for fees

NSWCA surveys fines in NSW lawyers’ discipline decisions over a decade

November 14th, 2016 · No Comments

Russo v Legal Services Commissioner [2016] NSWCA 306 was the subject of my previous post. The Court engaged in a comparatively sophisticated review of disciplinary outcomes in like cases.  The purposes of this post is to reproduce that review and comment on the variables which ought to be taken into account in any proper survey of past outcomes. To […]

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Tags: appeals · Discipline · Legal Profession Uniform Law · Misconduct · Professional fees and disbursements · Professional regulation · Solicitor client bills of costs · The suit for fees · Trust money · Uniform Legal Services Council and Commissioner

Third party payer taxations where client bankrupt: WASCA

October 3rd, 2016 · No Comments

In Iron Mountain Mining Ltd v K & L Gates [2016] WASCA 166, the appellant, a listed company, had indemnified one of its directors against the legal costs of lawyers defending the director in criminal charges.  Companies can do this on the basis that the director must repay the costs if he pleads or is found guilty, […]

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

Unqualified costs consultants

November 10th, 2014 · No Comments

There has been another challenge to the legality of the work done by non-lawyer costs consultants.  It did not go anywhere because of deficiencies in the way the client (himself a lawyer) went about trying to prove in the Magistrates’ Court that the costs consultant in question (a struck off lawyer) had engaged in unqualified […]

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Tags: National Profession Uniform Law · Party party costs · Practising certificates · Professional fees and disbursements · Solicitor client bills of costs · Taxations · Unqualified practice

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

Limit on the unrecoverability of unusual expenses principle in Victoria

September 30th, 2012 · 1 Comment

I had to read Abrahams v Wainwright Ryan [1998] VSC 335; [1999] 1 VR 102 from start to finish recently.  I noticed the paragraph the subject of this post which, it seems to me, might be useful in arguing in Victoria against a submission in a solicitor-client taxation that an expense should not be allowed […]

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

Must a creditor obey debtor’s direction as to which of several debts a payment is to be put towards?

May 30th, 2012 · 3 Comments

(Amended on 31 May 2012) Except that I had a feeling creditors were obliged to apply debtors’ payments to the oldest outstanding debt, I have never known until recently what the law was exactly in relation to a creditor’s obligations and entitlements where a debtor makes a payment which could be applied to one of […]

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

What do you need to plead in a suit for fees?

March 20th, 2012 · No Comments

I have posted before about what needs to be pleaded in a modern suit for fees: see this post and the posts linked to within it.  Today I have come across a decision in which the failure to plead that which many people think need not be pleaded resulted in a semi-successful application to set […]

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Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · Solicitor client bills of costs · The suit for fees

Accord and satisfaction as a defence to a suit for taxation

February 10th, 2012 · No Comments

[Edited and updated 13.2.12] I have two taxations at the moment where accord and satisfaction is pleaded as a defence, in proceedings governed by the Legal Profession Act 2004 (Vic).  In the first, the client and the solicitor cut a deal in relation to costs, and the client subsequently sought to tax the costs.  In […]

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

Incorporated legal practitioners required to give consumers itemised bills within 7 days

December 5th, 2011 · No Comments

From the latest newsletter of Queensland’s Legal Services Commissioner, we learn that he is tentatively of the view that incorporated legal practices are required to give itemised bills within 7 days of a ‘consumer’ client’s request.  Certain others may be in other situations as well, by virtue of the extended operation of the Australian Consumer […]

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