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

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Entries Tagged as 'Vic Solis’ Conduct Rules'

VCAT finds practitioner guilty of conduct prejudicing administration of justice

April 2nd, 2016 · No Comments

I only learnt in the last few years that Melbourne is one of the world’s great Jewish cities, with a globally significant series of communities of orthodox adherents.  One of those orthodox communities has delivered up an interesting case.  In Victorian Legal Services Commissioner v AL [2016] VCAT 439, VCAT’s Acting President recently found a well known […]

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Tags: "disgraceful and dishonourable" · Briginshaw · common law · Discipline · duty to court · Evidence · litigation ethics · Misconduct · Rule of law · Vic Solis' Conduct Rules

VCAT rolled for finding solicitor guilty of a charge not levelled against him

April 30th, 2014 · No Comments

Justice Karin Emerton seems to be emerging as one of the Supreme Court’s specialists in what I call the law about lawyers, much of which is found in the Legal Profession Act 2004.  Early on in her judicial career, her Honour was assigned to the hearing of the extraordinary suite of matters between the Legal […]

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Tags: appeals · Discipline · jurisdiction · Legal Profession Act · Legal Services Commissioner · Legal writing · procedure · Vic Solis' Conduct Rules

The costs consequences of failing to prove a responsibly advanced allegation of fraud

February 26th, 2014 · No Comments

The irresponsible advancement in litigation of allegations of fraud undoubtedly triggers the jurisdiction to award indemnity costs and even to make personal costs orders: White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169, approved on appeal at (1999) 87 FCR 134, discussed in this post. But what about responsibly advanced, but […]

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Tags: Alleging fraud & misconduct · duty to court · Ethics · litigation ethics · Vic Solis' Conduct Rules

The civil and disciplinary consequences of making an allegation of serious wrongdoing without a proper foundation

January 7th, 2014 · No Comments

Friends, I need your help, again.  Certain promises I made to write about and present on the civil and disciplinary consequences of making allegations of serious wrongdoing (e.g. fraud) without a proper foundation are coming home to roost.  I’m looking at: disciplinary sanction of lawyers via Legal Services Commissioner, etc. prosecution; personal costs orders against […]

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Tags: Civil Procedure Acts · Discipline · duties regarding witnesses · duty to court · fraud · Legal writing · litigation ethics · Misconduct · Professional fees and disbursements · prosecutors' duties · Striking off · Vic Solis' Conduct Rules · Wasted costs

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

Civil Procedure Bill

July 11th, 2010 · No Comments

The civil procedure landscape is changing fast.  A new Evidence Act.  The establishment of the Costs Court.  The Federal Court’s rocket docket.  The Supreme Court’s Commercial Court.  The abolition of the County Court’s Practice Court in favour of a managed list approach.  Early neutral evaluation.  The increasing use of Associate Justices and Judicial Registrars. The […]

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Tags: duties regarding witnesses · duty to court · Ethics · litigation ethics · Professional regulation · Vic Solis' Conduct Rules

The obligation not to allege ‘fraud’ without an appropriate evidentiary foundation: what is ‘fraud’?

January 27th, 2010 · 1 Comment

Solicitors and barristers are obliged not to make allegations of criminality, fraud or other serious wrongdoing in ‘court documents’ without an adequate factual foundation. The rule for Victorian barristers is rule 34. This post explores what ‘court documents’ are, what ‘fraud’ means in this context, and what an adequate factual foundation is, in part by […]

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Tags: Alleging fraud & misconduct · Ethics · litigation ethics · Vic Solis' Conduct Rules

Protected: How to deal with a Legal Services Commissioner complaint

July 14th, 2009 · Enter your password to view comments.

There is no excerpt because this is a protected post.

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Tags: costs disclosure defaults · costs disputes · Professional fees and disbursements · Professional regulation · VCAT · Vic Solis' Conduct Rules

VCAT’s Vice-Prez confirms lawyers do not engage in trade or commerce

May 31st, 2008 · No Comments

In Walsh v PJCC&A Pty [2008] VCAT 962, beneficiaries of an estate were critical of the testator’s lawyers before death. They became his executors after his death, and appointed the firm they worked for as their solicitors. The beneficiaries sued the firm, and its solicitor-executors for unconscionable conduct and misleading or deceptive conduct. Their beef […]

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Tags: Fair Trading Act · VCAT · Vic Solis' Conduct Rules

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