JSB171 Lecture Notes - Lecture 1: William Gummow, Nsw Law Reports, Drb Class 52
Document Summary
Duty extends to providing reasonable and competent degree of skill: lanphier v phipos (1838: no privity of contract between barrister & client if there is an instructing solicitor. Can be liable under traditional terms of negligence duty, breach & damage. Breach if no reasonably well-informed and competent member of that profession could have made. : saif. Ali v sydney mitchell [1978] 1 wlr 849 per lord diplock: common practice is not necessarily a good indicator: edward wong finance co ltd v johnson. Scope of duty: duty only applies to skills required in capacity as solicitor not financial advisor, etc: citicorp. & beneficiary): hill v van erp (1997) (solicitor stuffed up witnessing of will by getting husband to witness liable to beneficiaries of will) Consequences: damages etc under law of tort. Professional rules: must act with competence & diligence in the interests of the client: sr1; br16. Lwb433 professional responsibility: solicitor should not agree to act unless expects they can.
