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

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Entries Tagged as 'Taxations'

Lawyers and the criminal law

September 16th, 2008 · 2 Comments

Reproduced below is a blog post about 'bill padding' from the US site, Legal Blog Watch. That is where lawyers say work took them longer than it really did, and so charge commensurately more, or even make up the fact that they did work, and charge for it. Sometimes I read articles like this and [...]

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Tags: "disgraceful and dishonourable" · Criminal liability · Discipline · Law Blogs · Misconduct · Professional fees and disbursements · Solicitor client bills of costs · Taxations · conflicts · duty and interest · gross overcharging

Solicitor gets away with fees of $83,000 after estimating at $2,500 and never updating

November 28th, 2007 · No Comments

Ok, ok, that's a bit of an exaggeration, but the solicitor did put out a costs agreement and fee disclosure document which contained no estimate other than $2,500, and did charge $111,000, which was reduced on an assessment — a NSW privatised version of taxation — and did not provide any re-estimates before putting out [...]

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Tags: Professional fees and disbursements · Taxations · costs disclosure defaults

Unrepresented barristers' entitlement to costs in cases involving them personally

September 21st, 2007 · No Comments

In Winn v GHB [2007] VSC 360, a barrister was personally a party in some litigation. She was admitted in Victoria but at the relevant time was practising in Brisbane under a Queensland practising certificate. She taxed her solicitors' fees, and acted for herself. She appealed successfully from the order of the Taxing Master. [...]

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Tags: Solicitor client bills of costs · Taxations

Arbitrators slice $40 million off plaintiff lawyers' breast implant proceedings fees

July 20th, 2007 · No Comments

22 July Update: what may be the first ever legal blog, and without doubt one of the best, Overlawyered has  a link to the arbitrator's ruling, and links to some old posts dealing with the interlocutory stages of the case. And here's Law.com's article.
Houston plaintiff lawyer John O'Quinn has been ordered to repay clients $40 [...]

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Tags: Ethics · Fiduciary duties · Misconduct · Professional fees and disbursements · Solicitor client bills of costs · Taxations · costs disclosure defaults · gross overcharging · litigation ethics

Man sues lawyer for declaration in reverse suit for fees

February 17th, 2007 · No Comments

A client sued his former solicitor in VCAT for a declaration that no fees were owing because of costs disclosure defaults by the solicitor. Member Butcher stayed the proceeding pending taxation by the Supreme Court's Taxing Master on the basis that the sending of a cost disclosure statement at the same time as the work [...]

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Tags: Professional fees and disbursements · Taxations · costs disclosure defaults · costs disputes

How not to bill; how not to deal with a fee dispute; the story of a Yank lawyer

December 24th, 2006 · No Comments

Courtesy of Justinian, I bring you the story of the overcharging New Jersey lawyer who charged like this:
"With regard to the fee, he purportedly spent entire days, sometimes eight or nine hours per day, for several days in a row, apparently in 'lockdown' — researching, reviewing and negotiating issues that had little or no bearing [...]

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Tags: Professional fees and disbursements · Taxations · costs disclosure defaults · costs disputes

Litigant's right to recover fees of interstate lawyer under costs order

December 20th, 2006 · No Comments

Update: now reported at (2007) 237 ALR 802 
This little problem gives rise to ridiculous complexities. In Cannon Street Pty Ltd v Karedis [2006] QCA 541, the Queensland Court of Appeal upheld Justice White's decision to allow, as party party costs, work done for the successful party by Clayton Utz Sydney in relation to trial of [...]

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Tags: Professional fees and disbursements · Taxations

Can the taxing master decide professional negligence claims?

December 18th, 2006 · No Comments

In Winn v GHB [2006] VSC 476, Winn won, another victory for a pro se litigant against their former solicitors, though it seems this former teacher has recently joined the Queensland bar, which suggests she was at something of an advantage over your average punter in unravelling the arcane intricacies of the Supreme Court's taxing [...]

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Tags: Professional fees and disbursements · Taxations · costs disclosure defaults

VCAT has no jurisdiction over Family Court fee disputes

September 3rd, 2006 · 1 Comment

VCAT does not have jurisdiction over costs disputes in relation to Family Court cases or to state Magistrates' Courts exercising the Family Court's jurisdiction (except to the extent it is exercising jurisdiction under ss 35 or 35B of the Bankruptcy Act, 1966), but does have jurisdiction in relation to costs disputes in relation to Federal [...]

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

Winner gets indemnity costs but recovers less when loser proves winner's costs agreement with his solicitors void

August 31st, 2006 · No Comments

Casey v Quabba [2006] QCA 187
As reported in Lawyers Weekly, the Queensland Court of Appeal said the trial judge should have allowed the unsuccessful party in litigation to call for and challenge the validity of the successful party's costs agreement with his solicitor in a party-party taxation of costs on an indemnity basis. Further, the [...]

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