Use counsel wisely

1 February, 2018

Think about your approach to accepting work and briefing counsel. LPLC receives claims that can be attributed to practitioners’ over-reliance on, or poor briefing of, a barrister. In some instances, the practitioner acts outside their area of expertise and thinks they can just brief a barrister. In others, they fail to adopt a proactive approach […]

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Called to account

28 May, 2013

Legal practitioners must put in place a process for fully informing clients about their overarching obligations The recent Supreme Court case of Norman South Pty Ltd & Anor v da Silva (No 2) [2012] VSC 622 (17 December 2012) considered whether or not a legal practitioner breached their overarching obligations by failing to: “. . […]

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Civil proceedings heading for reform

1 November, 2010

New legislation in Victoria is designed to bring about cultural change in court proceedings. The Civil Procedure Act 2010 (Vic) heralds important legislative reform for civil proceedings conducted in the Supreme, County and Magistrates’ Courts, but not the Victorian Civil and Administrative Tribunal. It will come into operation on 1 June 2011 at the latest, […]

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Managing dissatisfied litigants

1 August, 2010

Clients who are dissatisfied litigants can cause practitioners grief unless they are managed well. Practitioners know that unhappy clients are less likely to pay them and more likely to sue them. In the commercial litigation area in the past four years, the categories that accounted for 30.4 per cent by cost and 40.3 per cent by […]

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Defamation requires timely action

1 June, 2010

Defamation actions are subject to unusual extension of time provisions. Defamation issues tend to materialise as claims at the Legal Practitioners’ Liability Committee (LPLC) in two guises. Some claims arise when practitioners are alleged to have defamed another party in the course of conducting a file. The other context involves practitioners acting for clients who […]

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Sorry about that

21 July, 2009

An offer to make amends can dispatch a defamation claim.  Legal practitioners can stray into defamatory terrain with an injudicious choice of words or a communication made indiscreetly. Once that line has been crossed, it is important for practitioners to understand that an offer to make amends can provide a total defence to defamation proceedings […]

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