In King v Benecke  NSWSC 957, Mr King alleged that his solicitor was negligent. The solicitor denied everything and lost on all but one issue, namely causation, with the result that the solicitor got judgment and Mr King only Pyrrhic victories. Mr King argued he should not have to pay all of the solicitor’s costs. Rather, he argued, […]
Entries Tagged as '“professional negligence”'
Costs of a solicitor’s negligence claim which bombed only on causation; costs of the successful solicitor’s unsuccessful proportionate liability defence
In Carey v Freehills  FCA 954, the firm prevailed. Justice Kenny helpfully summarised the law in relation to the circumstances in which a solicitor will be found to have a duty of care to a person who has not retained him or her:
Praag v W & T Lawyers  VCAT 307 was a rare thing: a case in VCAT’s Legal Practice List actually prosecuted pursuant to the Legal Profession Act, 2004. Mr Praag was his late mother’s executor. Before her death, she lived in Canberra. Her assets were a house in Canberra and $50,000 cash. Mr Praag […]
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 […]
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