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  • If doing legal work on a pro bono basis, lawyers must provide clients with the same level of knowledge and skill afforded to a paying client
  • A solicitor’s duty of care can transcend that contained in the express or implied terms of a retainer
  • Lawyers should not undertake work for clients without a written retainer

The decision in Moss v Eagleston [2014] NSWSC 6 was recently handed down in the NSW Supreme Court. In these proceedings a solicitor, Eagleston, was sued by his former client, Moss, in an action for damages for professional negligence, where it was alleged that in preparing his client’s statement of claim, the solicitor had failed to include claims for misleading and deceptive conduct or unconscionable conduct, and an action in defamation.

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