Legal Ethics

A judge has found that a Western Australian law firm can act for a doctor who has been sued for defamation despite having learned about the case from the plaintiff during a preliminary consultation. 

The director of a Sydney law firm has lost a bid to challenge a decision of the NSW Legal Services Commissioner, which slapped him with a caution for a failure to act courteously after he told a disgruntled client “don’t expect I’ll put up with crap” in a tense email exchange.

A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.

A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

Reforms to simplify and modernise Australia’s anti-money laundering and counter-terrorism financing regime will see lawyers and accountants subject to the regulations for the first time.

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

A leading construction and commercial law silk in Sydney has been subject to a reprimand by the NSW legal services commissioner for alleged sexual harassment and workplace bullying.