Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
The scope of a solicitor’s fiduciary duty
A fiduciary relationship does not arise merely by reason of the status of the relationship. It comes about due to what the solicitor agrees to…
Lawyers’ liability to non-clients: additional dimensions of liability in finance transactions
Lawyers can also incur liability where they have not been negligent and to persons who are not their clients. By GREG COUSTON and NATALIE POLOROTOFF.
The courts’ overriding purpose – ignore at your peril: practical guidance from judges
Obligations imposed by the overriding purpose of the Civil Procedure Act 2005, NSW have teeth and must be taken seriously – they are not ‘just pious…
Privilege lost: preservation of privilege, practice pointers
A client’s legal professional privilege can be destroyed and lost relatively easily (often inadvertently) by that client’s own conduct, or the conduct of their lawyers….
Informal wills: the duty of a lawyer to consider, discuss and make an informal will for a client
Practitioners should be aware of the provisions of the Succession Act, which allow a testator(trix) to make an “informal will”. By GREG COUSTON and DANIEL ST…
Prospects of success: the dangers of overstating
Lawyers should not advise that a client has good prospects of success in litigation without considering the measure of damages if the client succeeds. By…
Extent of duty: how far should you go?
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…