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

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Entries Tagged as 'The suit for fees'

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

A little case about a barrister suing a solicitor for fees

July 14th, 2016 · No Comments

Barnet Jade has given us an admirably constructed decision of Assessor Olischlager, a no-doubt busy decision maker in the Small Claims Division of the Local Court in NSW.  Dupree v Russo [2016] NSWLC 8 was a barrister’s suit for fees against a solicitor.  Call me a dag, but it is always a pleasure to find diligent, […]

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

Advocates’ immunity: at once more powerful and narrower than most yet understand

June 23rd, 2016 · No Comments

Advocates’ immunity was, until recently, more powerful than many lawyers were aware. Since the 1 July 2015 introduction of the Legal Profession Uniform Law and the High Court’s May 2016 decision in Attwells v Jackson Lallic Lawyers Pty Limited,[1] however, it may be narrower than many realise. And perhaps not everyone is aware that the […]

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Tags: Advocates' Immunity · Barristers' immunity · Civil Procedure Act 2010 (Vic) · Costs Court · Discipline · Insurance · Legal Profession Uniform Law · Legal Services Commissioner · National Profession Uniform Law · negligence as disciplinary breach · Professional fees and disbursements · Taxations · The suit for fees · Wasted costs

What quality of work defences are available in a suit for fees where client did not seek taxation?

April 7th, 2016 · No Comments

An Appeal Tribunal within the ACT Administrative Tribunal has put out a neat little decision which makes clear that where solicitors do work and bill it, where the client does not seek taxation within the time for doing so, and the solicitors sue for fees, the tribunal hearing the suit for fees still has, in […]

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Tags: Negligence · Professional fees and disbursements · The suit for fees · Wasted costs

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

All-new High Court to hear advocates’ immunity appeal

August 25th, 2015 · No Comments

The plurality judgment in the last decision of the High Court squarely about the advocates’ immunity was written by Chief Justice Gleeson and Justices Gummow, Hayne and Heydon JJ.  They have now retired from the Court.  As have the other judges who constituted the Court in D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 […]

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Tags: Advocates' Immunity · Barristers' immunity · Out of court settlements · Professional fees and disbursements · The suit for fees · Wasted costs

Client obtains Anton Piller order over solicitor’s hard disk in fees dispute

October 15th, 2014 · No Comments

Ho v Fordyce [2014] NSWSC 1404 is a decision in an ex parte application of which the solicitor had no notice and did not participate. There is a dispute between solicitor and client in relation to fees.  The client contended that costs agreements relied on by the solicitor were ‘a recent invention’.  Given that the client asserts […]

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Tags: Alleging fraud & misconduct · Costs agreements · duty to court · litigation ethics · Professional fees and disbursements · The suit for fees

Solicitor’s creditors statutory demand set aside because of alleged non-compliance with costs disclosure obligations prior to settlement of client’s case

July 21st, 2014 · No Comments

In IMO Speedy Loans Pty Ltd [2014] VSC 273, a Victorian law firm delivered a creditors statutory demand to a company which was its former client.  The client convinced Gardiner AsJ to set it aside exclusively by reference to an argument that by virtue of s. 3.4.17(1) of the Legal Profession Act 2004, the client […]

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Tags: Professional fees and disbursements · The suit for fees

Self-represented solicitor guilty of misconduct for breaching a rule expressed to regulate conduct when acting for a client

May 29th, 2014 · No Comments

A Western Australian disciplinary case, Legal Profession Complaints Committee v CSA [2014] WASAT 57 is interesting in a number of ways. A criminal lawyer was the manager of a strata corporation.  She owned two units and the complainant the third. The complainant affixed an airconditioner to a wall which impeded on a common area.  She […]

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Tags: Abuse of process · Briginshaw · Discipline · Dishonesty · duty to court · Evidence · jurisdiction · litigation ethics · Misconduct · procedure · The suit for fees