Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by sally

‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’

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OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

Solicitor rejected for job was victim of age discrimination – Legal Futures

‘An experienced property solicitor was rejected for a job at a law firm despite being the only person interviewed because of age discrimination, an employment tribunal has ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’

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Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Conditional Fee Agreements and Contentious Business Agreements – Ropewalk Chambers

Posted January 28th, 2020 in chambers articles, costs, fees, news, solicitors by sally

‘Are all conditional fee agreements also contentious business agreements? And, if so, how might that effect a client’s right to an assessment of the costs charged by her solicitor under the Solicitors Act 1974?’

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Ropewalk Chambers, 23rd January 2020

Source: www.ropewalk.co.uk

Disabled lawyers “face daily discrimination” – Legal Futures

‘Disabled lawyers face both overt and “unconscious” discrimination on a daily basis, such as “rituals, practices and attitudes that exclude or undermine them”, according to research published today.’

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Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

LSB launches continuing competence inquiry – Legal Futures

‘The Legal Services Board (LSB) has launched a call for evidence on continuing competence, the first stage in a promised review of the issue that could lead to periodic checks on lawyers’ fitness to practise.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Fake lawyer who represented clients in High Court faces jail time – Daily Telegraph

‘A man who pretended to be a qualified and experienced solicitor as he represented clients at the High Court is facing a possible jail sentence.’

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Daily Telegraph, 20th January 2020

Source: www.telegraph.co.uk

Trainee solicitor jailed after rape convictions – Legal Futures

Posted January 20th, 2020 in imprisonment, news, rape, sentencing, sexual offences, solicitors by sally

A trainee solicitor who admitted multiple offences, including rape, committed in quick succession against two women in July 2019 was jailed last week for 14 years.

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Legal Futures, 20th January 2020

Source: www.legalfutures.co.uk

Sexual misconduct cases at record high in legal profession – The Guardian

‘The number of reports of sexual misconduct in the legal profession in England have increased over the last five years and have reached a record high, according to newly released figures.’

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The Guardian, 20th January 2020

Source: www.theguardian.com

Professional liability round up of 2019 – 4 New Square

‘The 2019 professional liability case law was dominated by four core themes, which arose repeatedly in numerous contexts in claims against lawyers and auditors in particular:

-Multiple interlocking attacks on different aspects of the “loss of a chance” doctrine, anchored in both “lost litigation” claims and defective business deals. As we explain, the case law has been marked by various parties trying to opt out of parts of the existing Allied Maples doctrine, or bend the requirements to their particular circumstances.
-The continued adoption of “assumption of responsibility” as the appropriate test for duty of care to non-clients, and the extent to which the principle is relevant to the scope of duty owed to a client.
-The debate over how the distinction between “information” and “advice” cases plays out in the context of the respective duties of auditors and directors for the running of companies (both in the context of scope of duty and contributory negligence).
-The way in which a claimant’s wrongdoing should “taint” a claim against a professional. This theme emerged in the loss of a chance context, in respect of “ex turpi causa”, and in relation to the ever-challenging issue of attribution.’

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4 New Square, 7th January 2020

Source: www.4newsquare.com

Solicitor duped by ‘fake’ wife fined for failing to check ID – Legal Futures

Posted January 16th, 2020 in disciplinary procedures, fines, identity fraud, loans, news, solicitors by sally

‘An experienced solicitor has been fined £20,000 for misconduct after being duped into accepting that a woman was who she said she was because he did not require documentary proof.’

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Legal Futures, 16th January 2020

Source: www.legalfutures.co.uk

Solicitors’ group tip-off leads to activist’s conviction – Legal Futures

‘A campaigner who used her email address as a committee member of the Solicitors International Human Rights Group (SIHRG) to conduct unlawful immigration law work was convicted this week.’

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Legal Futures, 15th January 2020

Source: www.legalfutures.co.uk

Solicitor fined for acting in conflict of interest – Legal Futures

Posted January 15th, 2020 in conflict of interest, costs, fines, news, professional conduct, solicitors by sally

‘A solicitor who acted where there was a real conflict of interest and paid out almost £6m from buyer clients before they had obtained any security in the flats they were hoping to buy, has been fined for misconduct.’

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Legal Futures, 14th January 2020

Source: www.legalfutures.co.uk

Female lawyers should not be forced to wear heels, says Baroness Hale – The Independent

‘The UK’s most senior judge has condemned law firms that demand female lawyers wear high heels, as she lamented the lack of “progress” on sex discrimination in the legal profession.’

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The Independent, 12th January 2020

Source: www.independent.co.uk

Solicitor-client costs: negligence, documents and coverage – 4 New Square

Posted January 9th, 2020 in costs, indemnities, insurance, negligence, news, podcasts, solicitors by sally

‘With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.’

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4 New Square, 31st December 2019

Source: www.4newsquare.com

What to do when your solicitor has not paid – Counsel

Posted January 9th, 2020 in barristers, contracts, fees, legal aid, news, solicitors by sally

‘Unpaid fees? Give some thought to your contractual status and when to use the ‘nuclear option’.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Tribunal overturns unfair dismissal ruling against partner – Legal Futures

‘An employment tribunal has ruled that it was wrong to uphold an unfair dismissal claim against a partner in a law firm closed down by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 8th January 2020

Source: www.legalfutures.co.uk