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

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Entries Tagged as 'Retainers'

Does the Legal Services Board have the power retrospectively to excuse inadvertently practising briefly without a practising certificate?

February 24th, 2017 · No Comments

As with most years, no doubt scores of Victorian lawyers forgot to renew their practising certificates last year.  For months, in some cases, this situation was allowed by the regulators to persist without intervention.  In Victorian Bar Inc v GSL [2006] VCAT 435 the VCAT, constituted by Judge Bowman, Peter Jopling QC, and Ms F […]

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Tags: Legal Profession Uniform Law · Legal Services Commissioner · Practising certificates · Professional fees and disbursements · Professional regulation · Retainers · Uniform Legal Services Council and Commissioner

Privilege and disciplinary investigations

August 8th, 2016 · 1 Comment

Lawyers have an obligation proactively to assert and protect the privilege enjoyed by their clients and former clients: Re Stanhill Consolidated Ltd [1967] VR 749 at 752. I wrote about it in this post about the Legal Profession Act 2004 (Vic).  Lawyers have no implied or, I would suggest, ostensible authority to waive privilege belonging to former […]

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Tags: Client Legal Privilege · Discipline · Legal Services Commissioner · National Profession Uniform Law · Retainers

Efficacity of lawyers’ retainers effected by written instructions procured by crash n bash agents

June 6th, 2014 · 1 Comment

The Local Court of NSW has released for publication a considered decision about costs in what it treated as a test case, Foot v Burrett [2013] NSWLC 26.  A man’s car was damaged.  It was taken to panel beaters in Marrickville.  He there signed a document in order to get use of a replacement car while […]

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Tags: Indemnity principle · Party party costs · Retainers

Solicitor’s duty of care to the non-client: the law summarised

October 1st, 2013 · No Comments

In Carey v Freehills [2013] 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:

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Tags: "professional negligence" · Duties to third parties · Negligence · Retainers

Important new case on when retainer by multiple clients will be taken to be several rather than joint

February 22nd, 2012 · 1 Comment

I have always been a bit dubious about the proposition to be found in the texts that in the absence of specification one way or the other, a multiple retainer is presumed to be a several retainer (so that the clients are severally responsible for their fair share of the costs) rather than a joint […]

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Tags: Costs agreements · Professional fees and disbursements · Retainers · The suit for fees

Who can be pinged for costs disclosure defaults under the Legal Practice Act, 1996?

November 8th, 2011 · No Comments

The Legal Services Commissioner’s office and its predecessors have apparently long taken the view that the obligation in s. 86 of the Legal Practice Act, 1996 to provide certain costs disclosures to clients at the time of retainer is imposed on the solicitor with responsibility for the file regardless of whether or not the retainer […]

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

More on the need for specific instructions before commencing proceedings on behalf of others

November 4th, 2011 · 1 Comment

Update: See now Doulman v ACT Electronic Solutions Pty Ltd [2011] FMCA 232.  A solicitor accepted instructions from a fellow solicitor to recover fees allegedly owing by a client.  The proposed plaintiff was a company which the fellow solicitor had until shortly before the retainer been authorised to represent.  The solicitor, acting honestly, accepted these […]

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Tags: common law · Discipline · Ethics · litigation ethics · Misconduct · Retainers

Solicitors’ exposure to falling between two stools in solicitor-client taxations revealed

October 18th, 2011 · No Comments

Update, 16.2.12: See now Ipex ITG Pty Ltd v McGarvie [2011] VSC 675. Original post: A recent decision of the Supreme Court’s Costs Court means that solicitors have only a non-extendable 60 days in which to seek taxation of counsel’s fees, even though clients and third party payers have an extendable 12 months in which […]

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

Qld solicitors referred to Legal Services Commissioner for demanding outrageous sum as condition for handing over file on their wrongful termination of no-win no-fee retainer

June 12th, 2011 · No Comments

Ireland v Trilby Misso [2011] QSC 127 is a sorry tale which did not end well for the solicitors who were found to have repudiated their retainer by terminating without good cause, ordered to hand over their file to Mr Ireland’s new solicitors, ordered to pay costs, and referred to the Legal Services Commissioner.  The […]

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Tags: Liens · Retainers · Vic Solis' Conduct Rules

The limits on Kuek v Devflan articulated

March 8th, 2011 · No Comments

The Court of Appeal has had the opportunity promptly to provide a decision illustrating the limits of its previous decision in Kuek v Devflan Pty Ltd [2011] VSCA 25, which I posted about here.  The opportunity arose in Shaw v Yarranova Pty Ltd [2011] VSCA 55, a unanimous decision of Justices of Appeal Redlich and […]

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Tags: Costs agreements · Professional fees and disbursements · Retainers · Taxations