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  VCAT 435 the VCAT, constituted by Judge Bowman, Peter Jopling QC, and Ms F […]
Entries Tagged as 'Retainers'
Does the Legal Services Board have the power retrospectively to excuse inadvertently practising briefly without a practising certificate?
Tags: Legal Profession Uniform Law · Legal Services Commissioner · Practising certificates · Professional fees and disbursements · Professional regulation · Retainers · Uniform Legal Services Council and Commissioner
Lawyers have an obligation proactively to assert and protect the privilege enjoyed by their clients and former clients: Re Stanhill Consolidated Ltd  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 […]
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  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 […]
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:
Important new case on when retainer by multiple clients will be taken to be several rather than joint
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 […]
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 […]
Update: See now Doulman v ACT Electronic Solutions Pty Ltd  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 […]
Update, 16.2.12: See now Ipex ITG Pty Ltd v McGarvie  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 […]
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
Ireland v Trilby Misso  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 […]
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  VSCA 25, which I posted about here. The opportunity arose in Shaw v Yarranova Pty Ltd  VSCA 55, a unanimous decision of Justices of Appeal Redlich and […]