Comments for The Australian Professional Liability Blog http://lawyerslawyer.net Stephen Warne on professional negligence, regulation and discipline around the world Thu, 12 Apr 2012 11:39:19 +0000 hourly 1 http://wordpress.org/?v=3.3.2 Comment on Value pricing by Marc http://lawyerslawyer.net/2012/03/01/value-pricing/comment-page-1/#comment-14964 Marc Thu, 12 Apr 2012 11:39:19 +0000 http://lawyerslawyer.net/?p=2635#comment-14964 Stephen, this is an incredibly thoughtful and considered post. I am grateful for your efforts to get to the bottom of the issues candidly and professionally. Stephen, this is an incredibly thoughtful and considered post. I am grateful for your efforts to get to the bottom of the issues candidly and professionally.

]]> Comment on How not to correspond with the person you’re seeking a practising certificate from by shell http://lawyerslawyer.net/2010/08/22/how-not-to-correspond-with-the-person-youre-seeking-a-practising-certificate-from/comment-page-1/#comment-14962 shell Sat, 07 Apr 2012 03:40:36 +0000 http://lawyerslawyer.net/?p=2124#comment-14962 Hi, please help! I am trying to find the actual words of the oath/affirmation that must be taken on admission the Court as a lawyer. Cannot find them anywhere! Hi, please help! I am trying to find the actual words of the oath/affirmation that must be taken on admission the Court as a lawyer. Cannot find them anywhere!

]]> Comment on Ron Baker: Firms of the Future by Commercial Lawyer http://lawyerslawyer.net/2012/02/25/ron-baker-firms-of-the-future/comment-page-1/#comment-14956 Commercial Lawyer Sun, 18 Mar 2012 05:42:39 +0000 http://lawyerslawyer.net/?p=2631#comment-14956 Value pricing can work in some circumstances, but like any business, a lawyer needs to know what their cost of services is likely to be before setting a sale price. While I think that as lawyers we should look at this model, I am yet to be convinced that it will, at least in the short term be adopted across the industry. Value pricing can work in some circumstances, but like any business, a lawyer needs to know what their cost of services is likely to be before setting a sale price. While I think that as lawyers we should look at this model, I am yet to be convinced that it will, at least in the short term be adopted across the industry.

]]> Comment on Value pricing by Alex http://lawyerslawyer.net/2012/03/01/value-pricing/comment-page-1/#comment-14955 Alex Tue, 13 Mar 2012 12:47:56 +0000 http://lawyerslawyer.net/?p=2635#comment-14955 One of the problems with a fixed fee is that it can encourage the lawyer to increase margin (hopefully there is some) by reducing costs, which usually means assigning less experienced/qualifed staff to the work - which may just undermine the 'value' assumed in setting the original fee. One of the problems with a fixed fee is that it can encourage the lawyer to increase margin (hopefully there is some) by reducing costs, which usually means assigning less experienced/qualifed staff to the work – which may just undermine the 'value' assumed in setting the original fee.

]]> Comment on Private prosecution of PM for treason leads to vexatious litigant status by Schorel-Hlavka http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-brannaghs-client-declared-vexatious-after-suing-john-howard-for-treason/comment-page-1/#comment-14943 Schorel-Hlavka Tue, 20 Dec 2011 20:30:12 +0000 http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-brannaghs-client-declared-vexatious-after-suing-john-howard-for-treason/#comment-14943 As in the Closimo case where there were more then 20 lawyers involved against him and he was also represented by a barrister, finding to be placed under administration upon medical evidence and already been through 5 contempt hearings, that when I took over the case I showed that all the lawyers involved never had attended to the issue that Mr Colosimo was never even formally charged with contempt! More over, the medical evidence was based upon that Mr Closimo refused to accept being convicted for contempt (which never eventuated!) and this may just underline that and for this was placed under administration! Well, I got rid of all orders against Mr Colosimo and did so free of charge! Mr Stephen Warne you may know a lot about legislation but it appears to me nothing or about next to nothing about constitutional matters and I understand Shaw based his case upon constitutional issues. I had no input in the Saw case but well aware some of his issues had constitutional founded arguments. As in the Closimo case where there were more then 20 lawyers involved against him and he was also represented by a barrister, finding to be placed under administration upon medical evidence and already been through 5 contempt hearings, that when I took over the case I showed that all the lawyers involved never had attended to the issue that Mr Colosimo was never even formally charged with contempt! More over, the medical evidence was based upon that Mr Closimo refused to accept being convicted for contempt (which never eventuated!) and this may just underline that and for this was placed under administration! Well, I got rid of all orders against Mr Colosimo and did so free of charge! Mr Stephen Warne you may know a lot about legislation but it appears to me nothing or about next to nothing about constitutional matters and I understand Shaw based his case upon constitutional issues. I had no input in the Saw case but well aware some of his issues had constitutional founded arguments.

]]> Comment on Private prosecution of PM for treason leads to vexatious litigant status by Schorel-Hlavka http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-brannaghs-client-declared-vexatious-after-suing-john-howard-for-treason/comment-page-1/#comment-14942 Schorel-Hlavka Tue, 20 Dec 2011 20:29:21 +0000 http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-brannaghs-client-declared-vexatious-after-suing-john-howard-for-treason/#comment-14942 Lawyers are so smart that when they signed up with an internet provider such as iiNet then the terms of agreement includes disclosure to Authorities and so there goes their client-solicitor confidentiality! (And as I pointed out to iiNet the legislation it referred to didn't even exist! iiNet later acknowledged it was wrong!.) Declaring a person to be a vexatious litigant (justified or not) isn't going to resolve the issues at hand, if there are any. I may not have agreed with Shaw as to how he went about matters but it doesn't mean he was totally and uitterly wrong on all points and I view Stephen Warne as a legal practitioner rather should have had concerns that critical uissues such as a State constitution may indeed be ULTRA VIRES and should have been appropriately explored in litigation. Lawyers are so smart that when they signed up with an internet provider such as iiNet then the terms of agreement includes disclosure to Authorities and so there goes their client-solicitor confidentiality! (And as I pointed out to iiNet the legislation it referred to didn't even exist! iiNet later acknowledged it was wrong!.)
Declaring a person to be a vexatious litigant (justified or not) isn't going to resolve the issues at hand, if there are any.
I may not have agreed with Shaw as to how he went about matters but it doesn't mean he was totally and uitterly wrong on all points and I view Stephen Warne as a legal practitioner rather should have had concerns that critical uissues such as a State constitution may indeed be ULTRA VIRES and should have been appropriately explored in litigation.

]]> Comment on Private prosecution of PM for treason leads to vexatious litigant status by Schorel-Hlavka http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-brannaghs-client-declared-vexatious-after-suing-john-howard-for-treason/comment-page-1/#comment-14941 Schorel-Hlavka Tue, 20 Dec 2011 20:28:00 +0000 http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-brannaghs-client-declared-vexatious-after-suing-john-howard-for-treason/#comment-14941 As a CONSTITUTIONALIST it appears to me that Stephen Warne as a legal practitioner thinks he knows it all. It is not that I agreed with Shaw about everything, as I made then already clear, however If Stephen Marne as a legal practitioner doesn't even know and/or understand that the purported Victorian Constitution Act 1975 is unconstitutional this as since federation all colonies now within s106 being States lost their colonial sovereign Parliaments and now only have constitutional Parliaments who cannot amend their own constitutions but require a State referendum to approve a proposed amendment to the State constitution then who really is the fool, I may ask? Lawyers are so smart that when both parties are represented by lawyers 50% of the lawyers are in the wrong! As a CONSTITUTIONALIST it appears to me that Stephen Warne as a legal practitioner thinks he knows it all. It is not that I agreed with Shaw about everything, as I made then already clear, however If Stephen Marne as a legal practitioner doesn't even know and/or understand that the purported Victorian Constitution Act 1975 is unconstitutional this as since federation all colonies now within s106 being States lost their colonial sovereign Parliaments and now only have constitutional Parliaments who cannot amend their own constitutions but require a State referendum to approve a proposed amendment to the State constitution then who really is the fool, I may ask?
Lawyers are so smart that when both parties are represented by lawyers 50% of the lawyers are in the wrong!

]]> Comment on The Keddies overcharging civil case no. 1 by Sagacious Legal http://lawyerslawyer.net/2011/11/24/the-keddies-overcharging-civil-case-no-1/comment-page-1/#comment-14933 Sagacious Legal Tue, 29 Nov 2011 23:39:23 +0000 http://lawyerslawyer.net/?p=2584#comment-14933 Thanks for this interesting article Stephen. Here at Sagacious Legal we've recently been researching this area and your blog has proved very helpful. Keep up the great work! Regards, Sagacious Legal Thanks for this interesting article Stephen. Here at Sagacious Legal we've recently been researching this area and your blog has proved very helpful. Keep up the great work!

Regards,

Sagacious Legal

]]> Comment on Plaintiff’s barrister restrained from acting after communicating directly with defendant by marcellous http://lawyerslawyer.net/2011/11/02/plaintiffs-barrister-restrained-from-acting-after-communicating-directly-with-defendant/comment-page-1/#comment-14931 marcellous Tue, 29 Nov 2011 11:45:57 +0000 http://lawyerslawyer.net/?p=2564#comment-14931 Of course the barrister broke the rules, but don't you think the order is a bit of an overkill? Wouldn't preclusion from appearing be sufficient (ie, order 1 as sought by the defendants)? Why should, for example, the barrister not offer advice on an unpaid basis? Does the order as made mean that the barrister could not even pass on the fruits of his work or any analysis done so far to either the client or to his successor (or prospective successor) as the poor plaintiff's legal representative? Of course the barrister broke the rules, but don't you think the order is a bit of an overkill? Wouldn't preclusion from appearing be sufficient (ie, order 1 as sought by the defendants)? Why should, for example, the barrister not offer advice on an unpaid basis? Does the order as made mean that the barrister could not even pass on the fruits of his work or any analysis done so far to either the client or to his successor (or prospective successor) as the poor plaintiff's legal representative?

]]> Comment on Obligations of expert witnesses to be transparent about costs blowouts by jas- personal injury http://lawyerslawyer.net/2011/11/10/obligations-of-expert-witnesses-to-be-transparent-about-costs-blowouts/comment-page-1/#comment-14915 jas- personal injury Fri, 11 Nov 2011 18:12:42 +0000 http://lawyerslawyer.net/?p=2547#comment-14915 In other words, tell us if it's going to cost a fortune to get you to court - don't surprprise us! In other words, tell us if it's going to cost a fortune to get you to court – don't surprprise us!

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