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

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Entries Tagged as 'Retainers'

Applications to set aside costs agreements

September 24th, 2008 · No Comments

This post has been sitting around as a draft waiting to be finished.  There is little chance of that for a long time.  So here is my incomplete annotation to s. 103 of the Legal Practice Act, 1996.  That is the provision which gives VCAT (formerly the Legal Profession Tribunal) jurisdiction to set aside costs [...]

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Tags: Legal Practice Act · Professional fees and disbursements · Retainers · costs disclosure defaults · setting aside costs agreements

Breakdown in the solicitor-client relationship: 'good cause' for sacking the client?

July 12th, 2008 · No Comments

Update, 13 July 2008: A commenter, 'purplehazel', has provided such a learned response that I repeat it below.  Let's keep working on this problem people, and see what the readers of this blog can come up with:
I think asking for “authority for the proposition that a solicitor may terminate a client retainer where the relationship [...]

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Tags: Liens · Retainers

Two costs disclosure default cases in VCAT

June 18th, 2008 · No Comments

In retainers governed by the Legal Profession Act, 2004, failures to disclose matters which the Act requires to be disclosed about future legal costs can have the result that the solicitors may not recover their fees whether by proceedings or otherwise until they have been the subject of a solicitor-client taxation in the Supreme [...]

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

Ownership of documents on a solicitor's file

May 25th, 2008 · No Comments

This post is like a case book(let) rather than a text. It sets out the raw materials which bear upon the question of who as between solicitor and client owns (in the sense of is entitled to the original of) what documents typically found in a solicitor's file. It is very long, and largely unsummarised: [...]

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Tags: Liens · Professional fees and disbursements · Retainers · Vic Solis' Conduct Rules · doctors

On blogging

February 15th, 2008 · 2 Comments

The other day, I did a very geeky thing which was also a bit unonline. I had a coffee with fellow lawyer blogger, the mysterious Legal Eagle. One result of the coffee was that somehow I charmed her into writing a second case note of interest to readers of this blog — this [...]

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Tags: Law Blogs · No win no fee · Professional fees and disbursements · Retainers · setting aside costs agreements

Cases, cases

December 15th, 2007 · No Comments

Update, 19 February 2008: Fellow Melbourne law blogger Legal Eagle has kindly written a case note on Equuscorp v Wilmoth Field Warne.
Update, 21 December 2007: Another two advocates' immunity cases:
1. Symonds v Vass [2007] NSWSC 1274, 36,000 words, after nearly 3 weeks of trial. See Ysaiah Ross's case note in his article [...]

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Tags: Admission · Advocates' Immunity · Barristers' immunity · Legal Profession Act · Professional fees and disbursements · Retainers · setting aside costs agreements

Father instructs lawyer as daughter's agent then daughter sues him: whose privilege?

November 16th, 2007 · No Comments

Here's a weird old privilege case: Sugden v Sugden [2007] NSWCA 312. A minor from Orange in rural NSW suffered bad injuries in a car crash while she was driving. She was on L plates and her father was supervising. Since she was all banged up and in the Royal North [...]

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Tags: Ethics · Retainers · duties of confidentiality · legal professional privilege

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser's excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It's good, and there are substantial additions since [...]

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Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · Discipline · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · Uncategorized · Wasted costs · conflicts · defences · doctors · duties of confidentiality · legal professional privilege · two bites at the cherry

Latest English solicitors' liability newsletter

October 11th, 2007 · No Comments

Here's the latest from Reynolds Porter Chamberalain. Contents this edition include:
The High Court considers the scope of a solicitor’s duty of care in his dealings with an unsophisticated client
In Phelps v (1) Stewarts and (2) Dinsmore [2007] EWHC 1561 (Ch) the Court rejected a solicitor’s argument that her retainer was of a limited nature, [...]

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Tags: Advocates' Immunity · Barristers' immunity · Negligence · Retainers

The latest on fiduciary relationships

July 16th, 2007 · No Comments

In the Citigroup Case referred to in the next post, Justice Jacobsen summarised the law relating to fiduciary duties. I have reproduced the whole of the relevant passage, which includes a restatement of the law (at [297]ff) relating to solicitors' fiduciary duties to give prospective clients full disclosure about the disadvantages of time costing if [...]

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