David now uses his advocacy skills
as duty solicitor for occupiers facing eviction at Clerkenwell and Shoreditch County Court and the Stratford Housing Centre.
After a date for eviction was set, we represented him in our capacity
as duty solicitor.
Four of our Housing solicitors (Jacky Starling, Naomi Moore, David Araya and Shazina Hussain) act
as duty solicitors at the Clerkenwell and Shoreditch County Court and Stratford Housing Centre.
Not exact matches
Of the
solicitor referrals, 93 % were made
as part of the
duty - bound Funding Code process.
Equity also imposed a
duty of fairness on
solicitors in contracting with clients, requiring the
solicitor to establish, for example, that the client understood the agreement, that the price was reasonable, and «that the transaction was in all respects fair, and such
as an independent
solicitor who had performed his
duty, would have advised his client to enter into.»
As barristers return to man the metaphorical barricades to protest the latest round of legal aid cuts and the
solicitors» professional body gloomily predict «extinction» for its ageing members (according to Law Society research, the average age of
duty solicitors is 47 years), few lawyers would take issue with the oft - repeated assertion in the legal Twittersphere: #TheLawIsBroken.
The Supreme Court held that Gavin Edmondson are entitled to the enforcement of the traditional equitable lien against Haven,
as the client owed a contractual
duty to pay the
solicitors» charges.
This is governed by our
duty of confidentiality to our client and,
as applicable, by
solicitor - client privilege.
The case turned,
as in the authoritative Prince Jefri Bolkiah v KPMG [1999] 2 AC 222, [1999] 1 All ER 517, on the
solicitor's unqualified «
duty to preserve confidentiality» (per Lord Millet, quoted by Bodey J at para 22).
Further if the carrying out of this order has been in breach of the terms of this order or otherwise in a manner inconsistent with the Applicant's
solicitors»
duties as officers of the court, the Applicant will comply with any order for damages the Court may make.»
Since then,
solicitors have a largely codified code of their
duties to lenders in the form of the Council of Mortgage Lenders» handbook (CMLH)(although that is not to overlook other guidance, such
as the Law Society green card).
[A] ll communications between a
solicitor and his client relating to a transaction in which the
solicitor has been instructed for the purpose of obtaining legal advice will be privileged, notwithstanding that they do not contain advice on matters of law or construction, provided that they are directly related to the performance by the
solicitor of his professional
duty as legal adviser of his client.
Having decided to take on that
duty, he may be said to have a form of agency on behalf of a parent (and person under s 4) with care, much
as does a
solicitor when they take on a client.
The judge said that the Mr Harris: ``... in the course of discharging his
duties as a reasonably competent conveyancing
solicitor, should have considered whether it was appropriate to include a «call - in» clause», and, accordingly, should have amended the draft contract supplied by the vendor, by introducing such a provision.
«Be that
as it may, Mr. Carey's assumed
duty to guard
solicitor - client privilege did not conflict with his
duty to comply with the order.
In 2009 the court dismissed a claim brought by travel agents against the firm and Ms Advani, and found that Denton Wilde Sapte owed no relevant
duty to the claimants and was not liable for the actions of Ms Advani
as she was acting outside her employment
as a
solicitor.
One of the constant
duties of his time
as treasury
solicitor, he recalls, was «ensuring that ministers stick within the rule of law», though he fully accepts that they are entitled to push its edges and test the boundaries.
(
As a
solicitor) Acted for Rabobank Nederland in its $ 200 million claim against NatWest Bank plc for fraud, misrepresentation and breach of fiduciary
duty in the Commercial Court, culminating in a 53 - day Commercial Court trial.
As a trainee
solicitor, David represented tenants facing eviction on the
duty scheme at Woolwich County Court on a voluntary basis for Greenwich Housing Rights.
The federal proceeds of crime / money laundering / terrorist financing legislation (including regulations) «taken
as a whole, interfere with the lawyer's
duty of commitment to the client's cause, which... is a principle of fundamental justice [and] there is no need to conduct a separate analysis relating to the proposed principle of fundamental justice relating to
solicitor - client privilege».
Last week, Mr Justice Burnett ruled Grayling's decision to withhold the two reports until after the consultation «so unfair
as to be unlawful», and quashed Grayling's decision to cut the number of contracts for
duty solicitor work.
It should be remembered, of course, that privilege (unlike confidentiality) only arises when the client's purpose in supplying that information has been for the obtaining of legal advice and is directly related to the performance by the
solicitor of his or her professional
duty as the legal adviser of the client.
«
As the
solicitors were entering into a bargain with the client (to pay them a fee based on a percentage of the recovery), they had a
duty to ensure that the terms of the CFA were explained to Mr. Aduna by a lawyer.
Second, third - parties will be able to refer cases direct to the
solicitor — with the proviso that the
solicitor telephones those cases through to the
duty solicitor call centre «
as soon
as possible» and before any advice is provided.
Litigation privilege is not limited to communications between
solicitor and client, but can be asserted against third parties, such
as third party investigators with a
duty of confidentiality.
As a final but important matter, lawyers are regulated by Law Societies who are entitled to examine
solicitor - client privileged information and who are regulate with a «
duty to maintain and advance the cause of justice and the rule of law».
If one had to categorise Axa's case, it would fall into the second of the categories they proposed in the sense that the
duty the panel
solicitors were alleged to have been under in tort was a
duty to bring about a transaction with particular characteristics or features, ie to take reasonable care to vet claims so
as to ensure that ATE policies were issued in respect of only those claims whose prospects were more than 51 %.
One way to understand the majority and minority decisions in Strother is
as a disagreement about whether, in a
solicitor - client relationship, fiduciary
duties overlay the contractual terms found in the retainer or vice versa.
ALSs are charity; and
as such do not provide a traditional
solicitor - client relationship, involving a fiduciary
duty that requires the lawyer to act in the best interests of the client.
«Due to the required notice period, this delay means that the contractual and policy changes for police station remuneration,
duty solicitor call centre expansion and very high cost case panel (commencing 1 November) will now be implemented from 15 October 2007 — not 1 October
as previously stated.»
The court disagreed, reminding us that while an employee might owe fiduciary
duties to his employer, he may not be a fiduciary in the same way
as a
solicitor is in respect of his client, or a trustee is in respect of his beneficiary.
Rule 7.1 - 3 (d) of the LSUC Rules of Professional Conduct states: «Unless to do so would be unlawful or would involve a breach of
solicitor - client privilege, a lawyer shall report to the Law Society,... d) conduct that raises a substantial question
as to another licensee's honesty, trustworthiness, or competency
as a licensee;» Not that reporting another lawyer to the law society is ideal — it appears that we have a
duty to do so.
The court also reviewed, with references to the Rules of Professional Conduct, such issues
as: at what point a
solicitor - client relationship arises (hint: BEFORE the retainer is in place); what constitutes «legal advice» and the boundary «between general legal information and legal advice»; a lawyer's
duty of confidentiality (including in respect of non-clients); and a lawyer's
duty of care to non-clients.
Worked on the position of
solicitor and handled all the
duties assigned to this position, these
duties are
as follows:
Handling all the
duties and responsibilities of
solicitor position efficiently, these
duties and responsibilities are
as follows:
Duties You will be supporting a
solicitor within private client, working
as a Legal Secretary...