Court rejects appeal from solicitor struck off for gross overcharging – Legal Futures

Posted May 18th, 2021 in costs, disciplinary procedures, executors, news, remuneration, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off after charging an estate where he was sole executor over eight times the reasonable remuneration to which he was entitled under the will.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

Judicial guidance on DBAs – Law Society’s Gazette

Posted May 17th, 2021 in appeals, costs, damages, fees, legal representation, news, solicitors by sally

‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’

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Law Society's Gazette, 17th May 2021

Source: www.lawgazette.co.uk

Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence – Wilberforce Chambers

‘Relatively speaking, barristers usually have rather broad practices. Even if (like me) a significant part of their practice is concerned with advisory work and drafting, barristers are often also engaged on various litigious matters relating to their underlying area of expertise, including professional negligence claims. By contrast, despite exposure to a variety of areas of practice whilst training, the organisation of many firms of solicitors can often have the effect that private client solicitors know little of litigation. For example, I once saw a draft witness statement prepared by a private client solicitor, where the parties in the heading were referred to separately in each capacity – as with a deed. And it is particularly problematic that private client lawyers often do not know very much about the field of professional negligence.’

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Wilberforce Chambers, 13th May 2021

Source: www.wilberforce.co.uk

SRA and BSB change approaches to gender in diversity surveys – Legal Futures

‘Both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) are this year changing their approach to recording the sex and gender of those they regulate, it has emerged.’

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Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

Solicitor who deliberately misled High Court struck off – Legal Futures

Posted May 12th, 2021 in deceit, disciplinary procedures, news, professional conduct, solicitors by sally

‘A solicitor found by a High Court judge to have deliberately misled the court has now been struck off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 12th May 2021

Source: www.legalfutures.co.uk

Tribunal throws out employment lawyer’s disability discrimination claim – Legal Futures

‘An employment lawyer who appeared at tribunals during a time he said he was “pretty constantly bed bound” due to a back injury has had his disability discrimination claim rejected.’

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Legal Futures, 10th May 2021

Source: www.legalfutures.co.uk

Judge criticises solicitors for sending him letter during trial – Litigation Futures

‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’

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Litigation Futures, 6th May 2021

Source: www.litigationfutures.com

Trial set for “most serious allegations” made against solicitors in civil courts – Legal Futures

Posted May 6th, 2021 in kidnapping, news, rendition, solicitors, torture by sally

‘What a High Court judge said yesterday were among “the most serious allegations ever levelled against English solicitors in civil proceedings” will be heard in January 2023, he has decided.’

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Legal Futures, 6th May 2021

Source: www.legalfutures.co.uk

Retaining shares following litigation did not trigger DBA payment – Litigation Futures

Posted May 5th, 2021 in damages, fees, law firms, news, shareholders, solicitors by sally

‘A client who retained shares as part of a settlement but did not recover anything from the other party was not liable to pay his solicitors anything under a damages-based agreement (DBA), the High Court has ruled.’

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Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk

Law firms “not being held to account for toxic cultures” – Legal Futures

Posted April 23rd, 2021 in employment, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘Law firms are not being held to account for “toxic” work cultures, particularly where there is a lot of pressure on young lawyers, a leading expert on regulation has said.’

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Legal Futures, 22nd April 2021

Source: www.legalfutures.co.uk

Trainee’s lockdown-induced error leads to claim’s failure – Litigation Futures

Posted April 21st, 2021 in civil procedure rules, claims management, news, service, solicitors, time limits by tracey

‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’

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Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

Freshfields report into bank rape allegations not covered by privilege – Law Society’s Gazette

‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

Senior City lawyers want to continue working flexibly – or will leave – Legal Futures

Posted April 16th, 2021 in coronavirus, employment, flexible working, law firms, news, solicitors by tracey

‘The major City law firms are on notice that their big hitters want a permanent post-Covid change in work patterns or some will look to leave, new research has found.’

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Legal Futures, 16th April 2021

Source: www.legalfutures.co.uk

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

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Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

Firm’s breach over counterparty’s name caused no loss, rules High Court – Law Society’s Gazette

Posted April 16th, 2021 in compensation, drafting, fees, law firms, negligence, news, solicitors by tracey

‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’

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Law Society's Gazette, 15th April 2021

Source: www.lawgazette.co.uk

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk

Ban on unsolicited approaches ‘hits access to justice’ – Law Society’s Gazette

Posted April 12th, 2021 in codes of practice, news, solicitors, Solicitors Regulation Authority by tracey

‘The blanket ban on solicitors making unsolicited approaches to clients could act as a barrier to access to justice, according to a solicitor campaigning for a relaxation of the rule. Tobias Haynes, a dispute resolution specialist at Midlands firm Martin Kaye Solicitors, last week opened an online petition for solicitors to be allowed to contact potential clients by email or letter.’

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Law Society's Gazette, 9th April 2021

Source: www.lawgazette.co.uk

Tribunal rejects solicitor appeal against £1,000 SRA fine – Legal Futures

Posted March 31st, 2021 in appeals, disciplinary procedures, fines, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has rejected an appeal by a solicitor against a £1,000 fine imposed by the Solicitors Regulation Authority (SRA) for breaching a written agreement he made during probate litigation.’

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Legal Futures, 31st March 2021

Source: www.legalfutures.co.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

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Litigation Futures, 29th March 2021

Source: www.litigationfutures.com